This Agreement describes the terms and conditions applicable to your use of all services ("Services") from Black011 website (“Website” or "Site” - www.Black011.com). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published from time to time by SDI, Inc. (“BLACK011”), as seller and marketer of the Services , and Locus Telecommunications, Inc. (“LOCUS”), as the provider of the Services (hereinafter “us” and/or “we”). This Agreement in addition to any other rules and policies, make up the complete and exclusive Agreement between you (hereinafter “User” and/or “you”) and us regarding your use of the Services, and supersede and govern all prior proposals, agreements, or other communications. We may amend this Agreement at any time by posting the amended terms on the Site. Unless otherwise stated, all amendments will be effective immediately upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by both parties. The completion of any purchase transaction or recharge of services from the Site will imply the User's full compliance with the terms and conditions.
Whenever you provide us information on the Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof). If any of the information provided is not valid, any and all claims against us or any of the parties involved in Black011’s services will be waived and all legal action will not be valid.
Identification and authentication mechanisms
If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of the Site is protected from viruses, security threats or other vulnerabilities.
You agree to preserve the password confidentiality. In case of loss, theft or any fact which might affect such confidentiality, you must notify us immediately so that measures to block access to the Site and prevent any un-authorized use can be taken. Until such time that we are notified, we shall be exonerated of any liability for transactions conducted during that period of time.
Once the registration process has been completed, the User will be required to enter verification codes in order to make any and all purchases or recharges. These verification codes will be sent via text message. Please make sure that the number you are going to register is capable of receiving the text messages generated by our system. If at any moment you are not receiving the verification SMS, please contact customer service immediately so that we can provide a solution to this inconvenience.
The User expressly accepts to legally equate the use of keys established in previous paragraph above to his signature, so that transactions carried out in any case shall be considered valid and will be understood that have been made by the user, producing full legal effects. Without prejudice to the foregoing, we may require whenever it deems necessary, to contrast and verify the user identification data through any means which we find necessary and/or appropriate. After notifying the User, we may change the authentication mechanisms described, to be applied to technological developments or new access channels and use of the Site.
Call detail records
The customer agrees that Black011 call detail records are conclusive evidence of the User's use of the Services and the charges payable. The call detail records will be available through the Website and by calling the customer care. However, for the prepaid customer, call detail record is available only through the Website. The customer accepts that use of the Black011 facility (our long distance service) by any person making telephone calls from telephone number(s) registered by the customer or the PIN number and that the customer shall pay any charges arising from such use. We advise customers to not disclose the account and PIN numbers to any third person. We will not be liable to the customer for any claim from a third party service provider for the similar services obtained by customer. Customer is solely responsible for all bills of for third party provider’s service usage. The records that are kept are from the last 30 days of service which can also be viewed from the End user site.
General practice regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on Website servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow us to store electronic communications on its servers. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
Our Services are only available to individuals who can form legally binding contracts under applicable law. Our Services are not available to minors under the age of 18 under any circumstances. If you do not wish to use our Services, please do not use the Website. We may refuse Services to anyone at any time, at our sole discretion. To be an eligible user of Black011 service you as the user must provide us with your legal First and Last name, Billing Address, City, State, Country, Postal Code, and E-mail Address. Should you knowingly falsify any of the required information, your account shall be terminated immediately with or without prior notice.
The number the caller wishes to reach and that is entered when prompted (system prompt) after dialing the access number.
We provide either a local (1+AreaCode+Number) or toll-free (1-XXX-XXX-XXXX) number that is dialed by the caller bypassing his primary carrier and routing the call to us. Once the access number has been dialed, the caller will be prompted to enter his destination number to complete the call. We have the sole right to change or remove access numbers at any time without notice. Calls originating from Canada, Alaska and Hawaii incur in higher charges. In some cases, using a local access number may incur additional fees with your phone service provider. Please verify with your service provider before using a local access number. In some cases, third party service providers can and will block access numbers rendering them no longer usable. In such event, we will provide a new access number for the customer to use. We are not liable for the actions nor restrictions imposed by third party service providers.
ANI registration (Originating number)
The customer can provide up to 10 numbers to us during the Black011 registration process. Only calls placed from these registered originating numbers through the Local access number(s) will qualify for the provided rates. We have the sole right to reject a phone number for registration at any time without notice. We also have the sole right to block calls from any number and at any time without notice. Customer can change his registered phone number(s) after the registration process. The customer can use all the registered ANI (American Number Identification) numbers to make calls to any destination provided by us as long as he/she has the credit to make calls. However there is also a facility of using a non-registered ANI. In that case customer needs to use the PIN number. Obtaining and using the PIN number is not as secure as registering an ANI, reason why we do not recommend such action. If you still wish to obtain your PIN number despite company recommendations, you may do so by contacting customer care. We will not be held responsible for losses arising out of unauthorized usage of the Services after PIN has been disclosed.
All charges incurred will be deducted automatically from your account. Any amounts loaded into your account are not transferable or refundable. You should take reasonable efforts to safeguard your Phone and replenishment airtime cards. No refunds or other compensations will be given for returned, expired, lost, damaged, or stolen cards. Accounts inactive for 90 days will be closed, unused credit will expire. Credit for dropped/incomplete calls will or will not be applied after a detailed and thorough investigation of your claim has been done.
Product and service information
We do not warrant that information, graphic depictions, product and service descriptions or other content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event we determine that a product or service contains an inaccurate price or description, we reserve the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. We may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify us immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by us.
Third-Party products and services
Parties other than BLACK011 may offer and provide products and services on or through the Sites. Except for BLACK011 branded information, products or services that are identified as being supplied by BLACK011, BLACK011 does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. BLACK011 is not responsible for examining or evaluating, and BLACK011 does not warrant the offerings of, any of these businesses or individuals or the content of their websites. BLACK011 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The Sites may contain links to other websites not operated by BLACK011. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by BLACK011 of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
Trademarks and service marks
Trademarks (including but not limited to BLACK011) that are used or displayed on the Site are owned by us or by third parties other than us that offer and provide products and services on or through the Sites. Our trademarks may not be copied or used, in whole, partial or modified form, without our prior written permission or, if applicable, our licensor. In addition, our custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without our prior written permission. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any meta tags or any other "hidden text" utilizing any of our names, trademarks, or product names without our express written consent.
Purchase and/or recharges may be made through the Site. These purchases and/or recharges may be made by individuals of legal age as long as they can make the purchase, payment or recharge of a service with a credit/debit card. Individuals cannot act through a representative to register as users, purchase and/or recharge a Service through the Site. We will file an electronic document which supports every purchase, transaction or recharge done on through the Site. In the event of the customer wanting to obtain or access these documents, they can do so on our Site or by contacting Customer Service. In order to protect us and our customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. We reserve the right to further limit quantities or to cancel or reject orders in its sole discretion.
Misuse of your account
Without limiting any other remedies we may terminate or suspend your account and status as a registered-user if you misuse your account or any Services. We reserve the right to suspend your account if fraud activity is detected. Fraud is determined by each customer’s daily usage of our service. If your calls are more than $10 per day, your account will be suspended. If your calls from a registered number are more than $25 per day, your account will be suspended. You will need to contact our customer care department to re-activate your account and pay the balance in full at that time.
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
removes any proprietary notices or labels on the Content;
advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
interferes with others using the Sites;
is off-topic according to the description of the group, forum or webpage;
contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
Disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.
uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
creates a false identity for the purpose of misleading others;
prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
uses any BLACK011 domain name as a pseudonymous return email address;
contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
provides material support or resources (or conceals or disguises 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;
attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;
reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
ystematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
makes derivative uses of the Sites or the Content;
uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
Modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
You agree that we may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these 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 Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if we elect instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site.
You agree that all terminations and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Sites (the suspension of the user to use the Site will not result in any indemnity whatsoever in favor of the affected users). Further, we reserve the right, to immediately terminate or suspend your account, any associated email address, and access to the Sites at any time for any reason and without notice to you in its sole discretion. We reserve the right to temporarily or permanently suspend the use of the Site to those Users who do not meet the obligations assumed under the general conditions or who are in any of the following circumstances (A) If we have knowledge, or concerns of any unauthorized use by the user at the Site, (B) If the user is registered by a computerized procedure to send information without being identified and (C) If the user is knowingly involved in any fraudulent activity.
- To guarantee the veracity and accuracy of the recorded data, as well as to provide timely changes to billing information, account information and any relevant information, so that they remain updated at all times.
- Not to use their user account in order to modify or in any way attempt against the security or functionality of the Site.
- The user hereby undertakes to properly use the name of USERNAME and password or secret password.
- Not to use any practice that could be considered as "spamming" or "unsolicited commercial communications" electronically, defined as sending email or other means of electronic communication to third persons who have not expressly requested information, as well as messages in newsgroups (newsgroups), discussion groups (forums), bulletin boards or chat rooms.
- Not to use the Site to undertake any action covered in a strained interpretation or unique to these Terms and conditions or not in line with the general principles of trust or good faith.
All communications between the parties relating to this document or deriving thereof shall be duly understood when carried out via email, fax, email or analogue electronic means which the parties expressly accepted as valid. Any modification of address, telephone number or mobile number and email indicated by the user will have no effect if the customer does not make these on the option "My Account" on the Site.
These general conditions, all specifications (features, prices, schedules, etc.) about products and services for sale on the Site, as well as the content of the Site, may be modified by us at any time without prior notice to Users.
Transactions conducted on the Site that are under a secure SSL session will be encrypted to protect the user information. The site is under constant surveillance in order to safeguard our users from being victims of any fraudulent activity. Violating the security of our Site is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
You agree to release, indemnify, defend and hold us harmless, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Web Site or the Services. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, the customer shall have no further obligation to provide indemnification for such matter. We will not be liable to pay to the customer for any third party claims towards the customer’s bill.
By providing the required information and using the Services, you do hereby agree to and accept the terms and conditions contained in this web site. You certify to the truth and accuracy of the information you submit to us and authorize us to obtain any credit/debit information and/or other information that it may deem necessary to approve and provide the Services requested under this order or to add additional Services you request be added to your account.
You agree to keep all account and billing information accurate and current.
You understand that Black011 service is a telephone long distance service provided by Locus Telecommunications, Inc. The Service is accessed by dialing an access number we provide and you agree to pay us for all calls from the registered originating number(s) on your account regardless of whether or not you authorized the calls. A Personal Identification Number (PIN) will be provided by Locus and you agree to pay for all calls made using your PIN. You agree to be responsible for any non-Locus toll charges, if any, incurred when dialing the access number(s).
Registration processing may take up to 48 hours pending verification and credit approval. All rates are inclusive of applicable taxes and Universal Service Fund charges. You understand and agree that payments must be made by credit or debit card (Visa or MasterCard). You also understand the payment plan and grant us authorization to determine how and when your credit or debit card will be billed (see pre-authorization above). Although a paper invoice is not available, you understand and agree that call information for your account will be available online. You agree to refer to the Website for information on billing inquiries. If credit card payments are declined for any reason, you agree and understand that Locus can suspend Services for nonpayment without prior written or verbal notification. You understand that LOCUS will notify you through its Website or via e-mail for any issues related to your account. You agree to refer to the Black011 Website for information related to current rates, terms and conditions or changes to my account status. We reserve the right to assess late fee of 1.5% per month (or whatever highest amount is permitted by law) on any past due balance. You agree to be responsible for all court costs, expenses and attorney fees related to collection of your outstanding past due balance. The long distance rates are for domestic (U.S.) and international long distance services only. Although the quoted rates are not intended to be temporary or promotional, we reserve the right to modify its rates, without notice, as market conditions warrant. Calls originating from a payphone will be charged an additional 69¢ per call. Calls to directory assistance (1 + area code + 555-1212) will be charged an additional $1.50 per call. You further certify that you read, understand and accept this disclaimer's terms and conditions, both expressed and implied, without exception.
The User undertakes to make proper use of the rendered services pursuant the current legislation, public policy, the principles of good faith and to refrain from carrying out behaviors that violate the rights of third parties. The User agrees that he/she cannot obtain an economic benefit from the use of the Service, nor may the User use the condition as client, to conduct a business activity, professional or economic whose object is to resell the service provided by Black011 or exploit the Service for other purposes in any way. The breach of, or the objective assessment by Black011, of default risk of the aforementioned obligations will presume automatic suspension of service.
We will not be liable for any damages or losses that may result from interference, omissions, interruptions, computer viruses or disconnections in the Site for any reason, including reasons beyond our fault, as well as damages caused by third parties through illegitimate intromissions beyond our control and does not guarantee in any way that the Site will operate on a permanent basis and trouble-free. The User assumes full responsibility for the interpretation and use of information contained in the Site.
We shall govern the registration, processing and data protection by the laws of the United States when services are acquired.
Limitation of liability
IN NO EVENT SHALL BLACK011, LOCUS ITS RESPECTIVE EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF BLACK011 OR LOCUS OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BLACK011 AND LOCUS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
We reserve the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
We may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on our reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of our services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be performed in New Jersey. You agree that any legal action or proceeding between LOCUS and/or BLACK011 and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.
Applicable law and jurisdiction
This document and its execution (with exception in regard to conditions for which the same otherwise provided) shall be governed by the laws of the State of New Jersey and especially by the FCC.
When calling using a cell phone DO NOT PRESS "SEND" after entering the called international number.
This may result in additional charges from Your wireless provider. Elite Telecom or its Clients are not
responsible for any costs incurred by the User, including cell phone provider charges, in the event the
User incorrectly uses the Service or uses the Service for any unlawful purpose.
ILD CONSUMER AGREEMENT
This ILD Consumer Agreement ("Agreement") sets forth the terms and conditions that apply to Your purchase of Services from authorized Clients or dealers of Elite Telecom. By using the Services, You
agree to the terms and conditions in this Agreement and any changes that may be made to the
questions about the Agreement, do not purchase or use our products without contacting Customer
Service immediately at 914-530-2289.
"Account" means a 10 digit phone number provided by the consumer to purchase and use the ILD Service.
"Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (dba Elite Telecom)
“Client” means SDI Wireless, LLC and its affiliates, distributors or retailers authorized to market and/or
distribute the Service.
“Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides
the Consumer with international calling capability.
“Consumer”, "You" and "Your" means the end-user of the Service also the owner of the Account.
"Website" is the website found at website WWW.BLACK011.COM or such other location as designated by Client and
contains the specific prices and charges, Service descriptions and other terms and conditions not set
forth here that apply to the specific Service.
You can also request information about the specific prices and charges, Service descriptions and other
terms and conditions not set forth here that apply to the Service by calling toll free at 914-530-2289.
This Agreement incorporates by reference the Service’s prices, charges, restrictions and the terms and
conditions for using the Service and/or owning an Account, as well as any disclosures, provisions,
limitations or other information provided with, or printed on any promotional materials associated with
Charges and Payment
Account Payments & Balance
You must have a sufficient balance on Your Account at the time You wish to use the Service. Acceptable forms of payment may include credit card, debit card, PayPal® and any other form of payment Elite
Telecom or its Client may authorize in the future. We do not waive our right to collect the full amount
due if Your form of payment is cancelled, disabled, discontinued or otherwise dishonored after Your use
of the Service. All requests to open an Account or to fund such Account are subject to acceptance by Us
Opening an Account and Transferring Funds
An Account can be opened at authorized retail locations distributing Client’s Service and on this Website. You may top-up /refill Your Account balance at $10 increments at any time either through any
participating retailer with cash, credit card or through a credit card web transaction. The phone number
You provide upon opening Your Account will be automatically recognized by Elite Telecom’s system. You
are responsible for preventing the unauthorized use of Your Account and the Service, and You are
responsible for any reduction in value of Your Account arising out of either authorized or unauthorized
Price, Feature and Rate Changes
We may change the prices or features associated with the Service from time to time, and such changes will be effective from the time they are posted or available through the Website. The terms and
conditions of the Service, including the rates for calls made and/or available destinations in conjunction
with the use of the Service are subject to change at any time without prior notice. There are no
additional fees or surcharges associated with the Services. You may contact Customer Service at 914-530-2289 if You have any questions about the Service, including the international long distance rates or available destinations associated with the Service.
Suspending/Canceling the Service
You agree not to use the Service for any unlawful, abusive, or fraudulent purpose, including, for
example, using the Service in a way that (1) interferes with Our ability to provide the Service to You or to
other customers; or (2) violates applicable law or this Agreement; or (3) avoids Your obligation to pay for
the Service; or (4) is not for consumer use. You agree not to resell the Service (whether for profit or
otherwise) or to use the Service for any unlawful or abusive purpose or in such a way as to create
damage or risk to Our business, reputation, employees, facilities, third parties or to the public generally.
If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully
through Your Account, or if Your form of payment for the Service is cancelled, disabled, discontinued or
otherwise dishonored after You fund Your Account, We reserve the right to immediately suspend,
restrict, deactivate or cancel the Service and close Your Account without advance notice. In the event of
suspension or cancellation of the Service due to any other aforementioned reasons, You hereby agree to
pay any and all outstanding charges for the Service and to reimburse Us for any reasonable cost We
incur in securing said payment, including, but not limited to, attorneys’ fees, court fees, and any other
collection-related cost. We may impose restrictions on the form of payment You may use, and/or may
refuse to provide the Service to You, if any of Your previous payments for the Service have failed to
result in Elite Telecom’s or Client’s receipt of the entire amount payable to Us in connection with such
payment. Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel
all Accounts, immediately upon a determination by any governmental authority that the provision of the
Service is contrary to any law, rule or regulation or upon Your violation of this Agreement or the
Conditions of Use.
Elite Telecom or its Clients will not be responsible for any costs incurred by the Consumer, including cell
phone provider charges, in the event the Consumer incorrectly uses the Service or uses the Service for
any unlawful purpose.
Restrictions on Use; Intellectual Property
All of Elite Telecom and Client trademarks, service marks, symbols, logos, other identifying indicia and
the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its
Client and You shall have no right in or to the Marks or any right to use the Marks including any and all
Marks associated with the Service and the Website. You are not permitted to commercially resell the
Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any
telecommunication products that use or are associated with the Service.
You agree that Elite Telecom or its authorized Clients shall not be responsible for any third party claims against Elite Telecom, Client and/or You that arise from Your use of the Service or Your Account.
Further, You agree to reimburse Elite Telecom and or Client for all costs and expenses related to the
defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful
misconduct or gross negligence. This provision will continue to remain in force after the Agreement
expires or is otherwise terminated.
Limitations of Liability
This section describes Elite Telecom’s or it’s authorized Clients responsibility for any claims for damages
You may assert arising out of the failure of the Service or any other claims You may assert in connection
with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We
are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our
affiliates, authorized distributors, Clients, partners, directors, officers, members and employees are not
liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly
from any cause, action or claim relating to the Service, the Website and/or the telecommunication
services underlying the Service, including without limitation any actual, incidental, consequential,
exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost
use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These
limitations apply even if the damages were foreseeable or We were told that they were possible, and
these limitations apply whether the claim is based upon contract, tort, statute, fraud,
misrepresentation or any other legal or equitable theory. We will not be liable for any damages if the
telecommunication services underlying the Service are interrupted, or if there is a problem with the
interconnection of the Service with the service, products or equipment of some other party. This section
will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit
the exclusions or limitation of incidental or consequential damages, Elite Telecom’s liability in such
jurisdictions shall be limited to the extent permitted by law.
You acknowledge that (a) the Service is provided by Elite Telecom “AS IS”, and (b) we make no warranty
to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the
suitability, durability, description, quality, title, non-infringement, merchantability, completeness or
fitness for use or purpose of the Service or any Elite Telecom product associated with the Service. All
such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the
Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to,
Elite Telecom employees or Clients, to make any warranties on Our behalf and You should not rely on
any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do no
permit the exclusion of certain warranties, these exclusions may not apply to You.
Credit Allowances for Interruptions
If an interruption or failure of the Service is caused solely by Us and not by You or by a third party or by other causes beyond Our reasonable control, You may be entitled to a credit allowance as specified in
Consent to Receive SMS
By using the Service, You consent to receive SMS text messages from Elite Telecom on behalf of its Clients of the Service.
No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Acts Beyond Our Control
Neither You or Elite Telecom or its Clients will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood,
the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts
or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes
beyond, as applicable, Yours or Our reasonable control.
We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in
connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.
Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the
following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone
number provided by You. You may contact Us by mail at:
119 W. Tyler Street
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law
rules. This governing law provision applies no matter where You reside, or where You use, purchase or
pay for the Products.
agreement between You and Elite Telecom and its Clients and supersedes all prior agreements,
understandings, statements or proposals, and representations, whether written or oral. This Agreement
can be amended only as provided in the Changes to the Agreement section below. No written or oral
statement, advertisement, or service or product description not expressly contained in the Agreement
or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service.
Neither You nor Elite Telecom is relying on any representations or statements by the other party or any
other person that is not included in this Agreement.
Changes to the Agreement
This Agreement may only be changed in the manner provided for in this section. Elite Telecom may
change this Agreement and the information contained elsewhere on the Website from time to time. All
such changes will be effective at the time of posting on the Website. You may also request a copy of the
revised Agreement by calling Customer Service toll free at 914-530-2289.
Revised: December 17, 2012.
ILD SERVICE SPECIFIC TERMS AND CONDITIONS:
$10 Unlimited ILD Service
1. UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. To ensure that all consumers have
access to reliable ILD services, You may not use the Service in a manner that interferes with
another Elite Telecom consumer's use of the Service or disproportionally impact's network
resources. The Unlimited ILD Services is provided solely for live dialogue between, and initiated
by, two individuals for personal use and not for commercial use or resale.
2. This ILD Service may not be used for any other purposes, including, but not limited to, loaning or
renting Your handset to third parties, conference calling, monitoring services, data
transmissions, transmission of broadcasts, transmission of recorded material, interconnection to
other networks, telemarketing, autodialed calls, other commercial uses, or other connections
that does not consist of uninterrupted live dialogue between two individuals.
3. Elite Telecom’s Unlimited ILD Service allows You to place calls to select destinations
internationally. It will not allow You to place calls to all destinations. Elite Telecom’s Unlimited
ILD Service is not a substitute for all international services. This service excludes calls to higher
cost cellular, non-geographic and premium numbers. The destinations which are available may
change without notice. If You want to call a destination or telephone number which is not part
of this Unlimited ILD Service, You may purchase and utilize a prepaid international plan. Please
see a local store or website WWW.BLACK011.COM for details.
4. Elite Telecom will presume certain usage, dialing, or calling patterns to indicate that You are
using the ILD Service for Your personal use and We reserve the right to suspend, terminate or
restrict Your Services without prior notice. If You believe that We are in error, You may contact
Customer Service at 914-530-2289 and depending on the circumstances We may reactivate
Your Unlimited ILD Service. However, if the usage, dialing or calling patterns We deem connote
non-personal use (as stated above) continues, We reserve the right to suspend, terminate or
restrict Your Services within no prior notice and not allow You to reactivate Service.
5. To minimize unreasonable use, each Account will be allowed to call up to 10 unique destination numbers per 31 day period. The number of personal use calls to these unique destination
numbers are not limited and automatically resets when the Account is renewed.
6. Originating phone number must be an active SDI Wireless, LLC consumer.
7. Consumers can determine the destinations included in this Service by providing the clerk with
the actual phone numbers they wish to call or check themselves at website WWW.BLACK011.COM.
8. Unlimited plan expires 31 days after Account has been funded or renewed.
9. For Customer Service, call 914-530-2289.
To see definitions, additional terms and conditions in the ILD CONSUMER AGREEMENT go to
Black011 reasonable use policy
The Reasonable Use Policy ("Policy") is a guide for our customers to understand the intended and permissible uses of the “Black011 Unlimited” service. Its purpose is to prevent the exploitation, fraud, and abuse of the unlimited calling plans and features. This Policy is based upon the relevant provisions in our Terms of Service and is applicable to all our services. Our Terms of Service are located at http://www.myblack011.com/page.php?page=tc.
Normal, Reasonable use
The “Black011 Unlimited” service plan and features apply only to normal residential or personal, non-commercial use. Only the original Subscriber may use Black011’s unlimited service plan from the ANI they have registered. Black011’s unlimited service plan and features may be used from personal mobile phones or residential landlines. Carrier charges may apply.
LOCUS evaluates customer usage in comparison to similarly situated customers (customers under the Black011 Unlimited service). Each of the following is considered outside of normal residential or personal, non-commercial use, and is an impermissible use of our Black011 unlimited service:
operating a business, even if operating from the residence
operating any other enterprise, including non-profit
operating a call center
resale to others
auto-dialing or fax/voice blasts
use without live dialog, including use as a monitor, intercom or for transcription purposes
Other cases that can and will violate what we consider “Reasonable Usage” IN COMBINATION with one or more of the following, including, but not limited to, excessive:
unique numbers called
short duration calls
Based on such a combination, LOCUS, at its sole discretion, may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below to enforce this Policy and the Terms of Service ("Black011 rights").
For lawful and appropriate purpose only
You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights.
We reserve the right to review your account and take further action if account usage is beyond normal standards, impermissible or detrimental to other customers' ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If you fail to correct usage activity to conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service with or without notice. If we believe that our service has been used for an unlawful purpose, we may immediately terminate your service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution. LOCUS will not be held responsible for any loss or damage incurred by use of our service. We reserve all of our legal rights.
Terms and conditions
By registering for the “Black011 Unlimited” plan, you agree to the terms and conditions set forth below including all other terms and policies associated with the Black011 platform. Any violations of the terms and conditions, or the reasonable use policy will result in the immediate termination of services. The terms and conditions set forth below supersede those of the Black011 ILD service. Please refer to the website for full Terms and conditions and Reasonable Use Policy.
Registration and service
Registration and service for Black011’s “Unlimited” service plan will be limited to ONE customer and phone number. Plans are billed in daily increments beginning 00:00:00 EST and ending 11:59:50 EST. Plan billing will begin from the moment of registration, and will count as the first day of use regardless of time. No credits for partial days will be provided. Weekly plans will expire within 7 days of registration. Monthly plans expire within 30 days of registration.
Two access numbers will be provided once the customer has registered; one will be in English the other will be in Spanish. The registered ANI may ONLY use those access numbers that have been assigned to it.
Unlimited minutes apply only to domestic calls made within the contiguous United States and to select promotional international countries. Calls to any other destinations will not terminate. Promotional countries may change without notice. Unlimited minutes apply only to calls terminating to non-cellular numbers unless otherwise noted. Please refer back to website for updated list of all promotional countries.
Cancellation / Refunds
Service cancellations and refunds will be provided within 48 hours of registration provided there is no usage to the account. All requests for cancellation are subject to investigation. No other refunds or cancellations will be permitted.
The unlimited service will be restricted to 10 destinations, you would only be allowed to dial 10 different destinations, either it be in the same country or in different countries. If you attempt to dial more than 10, the call will automatically fail.
The terms and conditions of the “Black 011 Unlimited” plan may change without notice. This includes the destinations where unlimited minutes apply. Please refer back to the “website” for latest details and information.
Service is provided by Locus Telecommunications, Inc. Please contact customer service or refer to our website for any further questions or details.
Information Collection and Use
Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide features that most likely meet your needs, and to customize our service to make your experience easier.
We gather certain usage information like the number and frequency of visitors to this site. This information may include which URL you just came from, which URL you go to next, what browser you are using, and your IP address. We only use such data in the aggregate. This collective data helps us determine how much our customer use parts of the site, and do internal research on our users' demographics, interests, and behavior to better understand and serve you. This type of aggregated, non-personally identifiable information may also be collected by third parties that help us run our services. In addition, we aggregate data and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes.
Personally Identifiable Information
We may use third party service providers to facilitate our services and therefore we may provide some of your personally identifiable information directly to them. In addition, we employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. They have access to personally identifiable information and may use it as needed to perform their functions, but may not use it for any other purpose, except that they may aggregate your personally identifiable information with similar information of other customers in a manner that does not personally identify you.
Black011.com cooperates with law enforcement inquiries, as well as other third parties, to enforce laws, such as intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to liability.
Locus does not directly track any visitors who interact with our website(s) via cookies, Locus therefore does not respond to “Do Not Track” (DNT) signals.
Policy: Ages under 18
Black011.com is concerned about the safety and privacy of people who use the Internet. We will never knowingly request personally identifiable information from anyone under the age of 18 without prior verifiable parental consent. If we become aware that a person under 18 has provided us with personally identifiable information without verifiable consent from the parent, we will use our best efforts to remove such information from our files.
Other Information Collectors
Black011.com uses standard industry practices to safeguard the confidentiality of your personally identifiable information. Black011.com treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. Please note that perfect security does not exist on the Internet.