Terms of Service

Welcome to Endstream. These terms of service constitute your agreement with Endstream Communications,  LLC (“Endstream” or “we”).

Acceptance of Terms

By accessing the web site www.Endstream.com, www.Streamdialer.com  and such other sites that are operated by Endstream from time to time (the “Site”)  or using Endstream’s services (the “Endstream Services”), you agree to be bound by these terms of service including Endstream’s privacy policy provided at the Site (the “Privacy Policy”), and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the Endstream Services. Endstream may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Endstream Services you accept such revisions.

Jurisdictional Restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Endstream Services, you may not enter into this Agreement.

Third Party

Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Endstream, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).

THE ENDSTREAM SERVICES

Usernames and PIN

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Endstream Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a PIN code (“PIN”) required for access to and use of the Endstream Services. You are responsible for all actions that take place as a result of access to or use of the Endstream Services via your PIN and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.

Unauthorized Use/Stolen Device

If your Device is stolen or if you become aware of unauthorized use of the Endstream Services you must notify us immediately to suspend the Endstream Services. You are responsible for all charges to your account with Endstream (“Account”) until the Endstream Services are suspended. We have the right to change your PIN and account name at any time in our sole discretion and without notice.

Use of the Endstream Services

We grant you a non-exclusive, non-transferable right to view and use the Endstream Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.

No Unlawful or Prohibited Use

You expressly acknowledge and agree to use any Endstream Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any Endstream Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Endstream’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any Endstream Service in any manner that could damage, disable, overburden, or impair any Endstream server, or the network(s) connected to any Endstream server, or interfere with any other party's use and enjoyment of the Endstream Services.

Submission of information to Endstream

In the course of using the Endstream Service, users may provide information about themselves which may be visible to certain other users (see the Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Endstream you are granting Endstream a royalty-free, global, transferable, sub-licensable, unending, irrevocable license to use this information in the course of offering the Endstream Services. Furthermore, you understand that Endstream retains the right to reformat, excerpt, or translate any materials submitted by you.

Disclosure of information

Endstream reserves the right at all times to disclose any information as Endstream deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Endstream's sole discretion.

No warranties

Endstream does not make any express warranty regarding the Endstream Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Endstream shall endeavor to provide the Endstream Services with minimum disruptions. Endstream cannot guarantee that the Endstream Services will always function without disruptions, delay or other imperfections and Endstream may choose not to provide service to countries or calling areas at its sole discretion. Since the Endstream Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Endstream Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc.  to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Endstream will not be liable for any disruption, delays, eavesdropping or other omissions in the Endstream Services.

Suspension and interruption

Endstream is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Endstream Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Endstream Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time Endstream may prevent use of the Endstream Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.

Communication

The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Endstream will not be liable for any type of communication spread by means of the Endstream Services.

No emergency calls

The Endstream Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Endstream is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Endstream Services.

No SMS, MMS or FAX messages

The phone numbers provided by Endstream do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.

Phone numbers provided by Endstream

You expressly acknowledge and agree that any phone number(s) provided to you by Endstream are shared by multiple end-users. This means, without limitation, that you may not port-out any such Endstream phone number to any third party.

Intellectual property rights

All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Endstream Services ("Content") is either owned by Endstream or has been licensed to Endstream by the rights owner(s) for use as part of the Endstream Services. All rights are expressly reserved. Furthermore, Endstream has the right to remove any materials posted to the Site in its sole discretion.

PAYMENT, RATES AND ACCOUNTS

Payment

In order to purchase credits for the Endstream Services and to charge your Account you shall pay Endstream the rates as stated on the Site. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged with a certain pre-selected amount.

VAT

Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees.

Rates

The rates for the Endstream Services are published on the Site. Endstream reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Endstream Services, following the adjustments of the rates, you accept such adjustments.

Roaming charges

You will also pay any additional charges you incur if you connect to the Endstream Services through a phone number provided by Endstream while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Endstream Services from another country.

Refund

You may request for a refund by submitting a written request in English to Endstream’s customer services cs@streamdialer.com. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Endstream reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. All payments older than 90 days are non-refundable.

Account and receipt

Endstream may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Endstream Services. The Account History is the only statement of your Account that Endstream will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Endstream will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Endstream.

Accounting errors

If you believe that Endstream has charged your Account in error, you must submit a written request in English for refund by contacting Endstream’s customer services cs@streamdialer.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.

Expiration of credits

A credit balance for the Endstream Services on the Account expires 12 months after the last activity of the Endstream Services. Credit balances that are not used within the said 12 months day period will be lost.

TERMINATION AND CANCELLATION

Endstream Service termination/default

If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Endstream Services and/or terminate the Terms of Service.

Cancellation of your Endstream Services

You may cancel the Endstream Services at any time. Unless otherwise stated herein, all Endstream Services will be cancelled from the Site or within 5 days of receipt of written notice from you to cs@streamdialer.com.

Limitation of Liability

Endstream is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Endstream Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Endstream Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Endstream Services. This paragraph shall survive termination of the Terms of Service.

MISCELLANEOUS

Assignment

We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.

Indemnity

You agree to indemnify and hold Endstream and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the Endstream Services including without limitation posting and submitting of any material, (b) connection to the Site or the Endstream Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.

Entire Agreement

These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.

PRIVACY POLICY

IMPORTANT — PLEASE READ CAREFULLY

Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used.

If you would like to view, correct, complete or remove your personal information, please contact Endstream by sending a written notice in English via cs@streamdialer.com.

Registration

You need to join Endstream to use the Endstream’s Services. By joining you acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of any group requesting the service.

Information collection and use in general

Endstream uses your personal information to improve the Endstream Services and to offer more effective customer service. Also, your details help us perform research and analysis to help improve our service. Your details may be stored and processed in the United States or any other country in which Endstream or its affiliates, subsidiaries or agents maintain facilities. By using the Endstream Services, you consent to any such transfer of information outside your country. Endstream abides by applicable safe harbor frameworks regarding the collection, use, and retention of personal information.

Sharing of your Personal Information

We will not disclose your personal information outside Endstream and its controlled subsidiaries and affiliates without your consent, except as described in the Terms of Service.

Some Endstream Services may be offered in conjunction with another company. In such cases, both Endstream and the other company may receive information collected in conjunction with these co-branded services.

We may hire other companies to provide services on our behalf, such as marketing activities, handling mail-outs, providing customer support, hosting web sites, billing, or performing statistical analysis. Those companies will be permitted to obtain only the personal information they need to deliver the service.

We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Endstream; (b) protect and defend the rights or property of Endstream (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of the Endstream Services or members of the public.

Accessing your personal information

You may be able to view or edit your personal information online. To help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (mobile number and PIN).

Communication preferences

You can stop the delivery of future promotional e-mails from Endstream and services by following the specific instructions in the e-mail you receive.

You may also have the option of proactively making choices about the communications you receive from Endstream, the Endstream Services or by visiting and signing into the Site.

These communication choices do not apply to mandatory service communications that are considered part of certain Endstream Services, which you may receive periodically unless you cancel the service.

Security of your personal information

Endstream uses advanced security technologies and procedures to protect your personal information from unauthorized access. Your details are stored on computer systems with limited access in controlled facilities, and credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.

Your PIN helps protect your accounts and personal information, and therefore it is your responsibility to keep your PIN confidential. Do not share it with anyone, and make sure you log out before leaving the Site.

Log files and IP addresses

Endstream uses your IP address to diagnose our server problems and to administer our Site.

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