Mex LD

Terms of Service

YOU MUST READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. Once you use the Mex LD website, you are agreeing to be bound by the terms and conditions stated herein.

OUR MONEY BACK GUARANTEE:

Mex LD offers a hassle free 30-day money back guarantee from the date of activation of your Service. The money back guarantee applies only to the first-ordered line, not to additional or secondary lines. Under the terms of the Money-Back Guarantee, Mex LD will refund the monthly charge for the first month of Service provided that:

you have not exceeded 50 minutes of in-plan usage;

you cancel your Service within the applicable period; and,

you have not previously exercised the Mex LD 30-day money back guarantee and obtained a refund from Mex LD as a result of any other Mex LD account.

We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice. The Money Back Guarantee will not be honored if the Customer fails to meet all above requirements. Money Back Guarantee does not apply to Calling Cards. All Calling cards provided on the web site are Non Refundable, Non Transferable and Non Exchangeable.

This agreement ("Agreement") is between Mex LD ("we," "us" or "Mex LD") and the user ("you," "user" or "Customer") of Mex LD's communications services and any related services ("Service"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES. YOU WILL BE BILLED FOR, AND RESPONSIBLE FOR PAYMENT FOR, ANY SERVICES YOU USE.

1. SERVICE

1.1 Term
Service is offered on a monthly basis for a term which begins on the date that Mex LD activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Mex LD written e-mail notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a term, you will be responsible for the full term's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee if applicable under the terms of this Agreement, all of which immediately become due, payable, and chargeable to your credit card. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges.

1.2.1 Residential/ Non-Business Use
If you have subscribed to Mex LD's services, the Service is provided to you as a single usage user residential plan, for your own personal, residential, non-business use. This means that you agree not to use, and may not use, the Service for any commercial activities, governmental activities, profit-making activities, and/or non-profit activities, including but not limited to home office, business, sales, tele-commuting, tele-marketing, auto-dialing, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting and any other activity that would be inconsistent with normal residential usage patterns. This also means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without prior express written permission from Mex LD and/or You may not use the Service for auto-dialing, call center activities, continuous or extensive call forwarding, call relaying, telemarketing, fax broadcasting or fax blasting. You agree that if Mex LD determines in its sole discretion that you have used the Service, and/or anyone else has used the Service for any activities and purposes prohibited by this section, or in any other manner prohibited by this Agreement, then, in addition to and without prejudicing or waiving any other remedies that it is entitled to, Mex LD, may retroactively charge you $.05 per minute for all US and Canadian calls and $.25 per minute for all other international calls made since the activation of your account. Violations of this Section 1.2.1 regarding International calls will likewise be retroactively billed at the then current published rates. You agree that any payment made to Mex LD pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages. In the event that Mex LD has to take legal action to enforce the provisions of this section, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in-house or outside counsel is employed.

1.3 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that: (1) interferes with our ability to provide Service to you or other customers; or, (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would: (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law, or, (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Mex LD reserves the right to terminate the Service immediately and without advance notice if Mex LD, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full charges applicable to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If Mex LD, in its sole discretion believes that you have violated the above restrictions, Mex LD may forward the objectionable material, as well as your communications with Mex LD and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.

1.4 Use of Service by Customers Outside the United States
Mex LD allows use of the Service inside or outside of the United States. However, if you use it outside the United States you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country.

1.7 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service and all Services, information, documents and materials, including promotional or website language and all content on Mex LD's website(s) are protected by trademark, copyright and/or other intellectual property laws and international treaty provisions and constitute private and/or confidential and/or the valued competitive business information of Mex LD. All websites, corporate names, service marks, trademarks, trade names, logos, domain names and content (collectively "Marks") of Mex LD are and shall remain the exclusive property of Mex LD and nothing in this Agreement shall grant you the right or license to use such marks. You may not modify, reverse-engineer, disassemble, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in electronic, mechanical or other means, or in any other manner publish, transmit, use, sell, exploit, and/or create new works from the content of Mex LD's website, its marks or its Services.

1.9 Theft of Service or Device
You agree to notify Mex LD immediately, in writing or by calling the Mex LD customer support line, if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service including all stolen Service or fraudulent use of the Service.

1.11 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Mex LD. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.

1.12 Service Changes
Mex LD may discontinue, change or suspend any aspect of its site and/or its service features at any time without notice or liability.

1.13 No 900 Calls
The Service does not permit calls to 900 or 976 numbers.

1.14 No Operator Service
The Service does not support calls to operator services.

1.15 No Collect Calls
The Service does not support collect calls.

1.16 Directory Assistance
You agree that calls to Directory Assistance (1-XXX-555-1212) excluding toll-free Directory Assistance (1-8---555-1212) will incur a US$0.79 per call charge

1.17 Payphone Calls
Calls made from payphones using any of our products/services will be subject to a surcharge of $0.80.

2. INDEMNIFICATION
THE TERM "Mex LD" AS USED IN THIS SECTION SHALL MEAN US AND ALL OUR AFFILIATES (INCLUDING PARENT COMPANY, SUBSIDIARIES, SISTER COMPANIES, DBA'S AND ALL CORPORATE AFFILIATES), EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE.

YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Mex LD AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Mex LD FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS' FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.

3. LIMITATION OF LIABILITY
THE TERM "Mex LD" AS USED IN THIS SECTION SHALL MEAN Mex LD AND ITS AFFILIATES (INCLUDING PARENT COMPANY, SUBSIDIARIES, SISTER COMPANIES, DBA'S AND ALL CORPORATE AFFILIATES) , EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT.

IN NO EVENT SHALL Mex LD BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, AND/OR THIS AGREEMENT. NOR SHALL Mex LD BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE OR UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO Mex LD OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND Mex LD'S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. Mex LD SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO Mex LD'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Mex LD'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. Mex LD'S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT Mex LD WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE Mex LD FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES AND COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST Mex LD TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.

4. WARRANTIES
THE TERM "Mex LD" AS USED IN THIS SECTION SHALL MEAN Mex LD AND ITS AFFILIATES (INCLUDING PARENT COMPANY, SUBSIDIARIES, SISTER COMPANIES, DBA'S AND ALL CORPORATE AFFILIATES), EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE.

Mex LD MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. Mex LD DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. Mex LD DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS SERVICES HEREUNDER "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. YOU ASSUME RESPONSIBILTY FOR ANY AND ALL USES OF THE SERVICE. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST Mex LD TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.

5. CHANGES TO THIS AGREEMENT
Mex LD may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the Mex LD website at www.Mexld.com

6. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

6.1 Billing
You must give us a valid credit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Mex LD the change in your credit card information. We will bill all charges monthly to your credit card, including but not limited to: monthly Service fees, deposits, applicable taxes, international usage charges, other service fees, etc.. Mex LD reserves the right to bill at more frequent intervals if the amount due at any time exceeds US$25.00.

6.1.1 "One Time Use" or Disposable Credit Cards
Mex LD strictly prohibits the use of "one time use" or disposable credit cards. If you use such a card to activate the Mex LD Service and such use results in Mex LD not being able to collect charges for the Service, you will be subject to a $500.00 fee as liquidated damages and not as a penalty, plus any reasonable in-house or outside counsel attorney's fees incurred by Mex LD to collect such unpaid charges and liquidated damages.

6.2 Billing Disputes
You must notify Mex LD in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from any account you may have with us if you dispute any Mex LD charges on that statement or that have been debited from your Mex LD Master Account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following email address:

Billing@Mexld.com

6.3 Payment
Mex LD only accepts payments by credit card. Your initial use of the Service authorizes Mex LD to charge all amounts due Mex LD as stated in the Agreement on the credit card account number on file with Mex LD, or on any other credit card provided by Customer if the original card expires or is replaced. This authorization will remain valid until 30 days after Mex LD receives your written notice terminating Mex LD's authority to charge your credit card. Mex LD may terminate your Service at any time, in its sole discretion, if any charge to your credit card on file with Mex LD is declined or reversed, if your credit card expires and you have not provided Mex LD with a new valid and approved credit card, or in case of any other non-payment of account charges. Termination of Service for a declined or expired credit card, reversed charges or non-payment leaves you fully liable to Mex LD for all charges accrued before termination and for costs incurred by Mex LD to collect all monies owed by Customer, such as (but not limited to) collection costs and in house or outside attorneys' fees as defined is Section 1.2.1. Mex LD may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of Mex LD's receipt of any invoice for the payment of additional fees and charges imposed by law.

6.4 Termination/Discontinuance of Service
Mex LD reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Mex LD discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation violation of any terms of this Agreement or because of any improper use of our Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Mex LD or of a third party provider to which Mex LD is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.

6.5 Reactivation/Continuance of Service
If your suspended account's Service is resumed because you cured the violation, you will not receive a credit or refund for the period during which the Service was suspended or limited.

6.6 Money Back Guarantee; Limitations and Conditions.
As applies to Monthly Plans only: Mex LD offers a hassle free 30-day money back guarantee from the date of activation of your Service. The money back guarantee applies only to the first-ordered line, not to additional or secondary lines. Under the terms of the Money-Back Guarantee, Mex LD will refund the monthly charge for the first month of Service provided that:

you have not exceeded 50 minutes of in-plan usage;

you cancel your Service within the applicable period; and,

you have not previously exercised the Mex LD 30-day money back guarantee and obtained a refund from Mex LD as a result of any other Mex LD account.

Mexico Long Distance at Wholesale Prices

Terms of Service