Service Agreement

By purchasing or using a Card, you accept the Terms as MCI Communication Services Inc. ("MCI" or "we") may update them from time to time.
Based on Card features, you may use a Card for calls within the United States and between the United States and international locations You may activate the Card by calling the activation number listed on the back of the Card.
Cards state expiration language on the back of each Card. If the Card contains no expiration language, the Card expires immediately after 18 months of non-use.
Please call the number listed on the back of your Card for customer service. This number can be accessed within the U.S.
Rates for domestic and international calls vary and are subject to change. For domestic rate information, please call Customer Service. For Cards with state specific intrastate rating, calls placed within certain states are deducted at the following rates: 1 min: CT, DC, IL, IN, KS, LA, MA, MD, MI, MS, OH, RI, SC, PR, USVI; 2 min: CA, OR; 3 min: AL, DE, FL, GA, HI, ME, NJ, NM, NV, NY, TN, TX, UT, VA, VT, WA, WI, WV; 5 min: AR, CO, IA, KY, MT, NC, NE, NH, OK, PA, WY; 8 min: AK, AZ, ID, MN, MO, ND, SD. For specific international rate and surcharge information, access codes, country codes or recharge assistance, please call Customer Service before leaving the U.S. Cards have a maximum state-to-state telecommunications value of $0.35 per minute. Payphone calls have a surcharge of up to $1.00 per call. Payphone surcharges are subject to change.
We round completed calls to the next full minute and round the price of the call to the nearest whole cent. We have calculated the rates listed in this document in United States Dollars.
Cards have no cash redemption value.
You cannot use a Card to place calls to 700-, 900-, or 976- numbers. You may be unable to place calls to 888-, or 877- numbers. Calls placed to 800 numbers will be charged at the regular rate for a call from that location. You cannot place certain operator-assisted, third party billed, or collect calls with a Card.
You may contact the state regulatory agency where you purchased the Card for unresolved service complaints.
Please protect your Card. MCI is not responsible for lost or stolen Cards, PINs, or Passwords.
MCI may deny or limit use of the Card for any lawful reason. Due to the portable nature of the Card, Telecom*USA reserves the right to block without notice any Card that we believe is being used for fraudulent purposes. We may also intercept calls for fraud avoidance. We may provide subsequent voice notification of such blocking or termination and will unblock as soon as possible without undue risk.
MCI and its affiliates, distributors and agents will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.
MCI and its affiliates, distributors and agents make no express or implied representations or warranties about its or their services and disclaims any implied warranties, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. MCI and its affiliates, distributors and agents do not authorize anyone to make a warranty on the company's behalf and you may not rely on any statement of warranty as a warranty by MCI.
You will indemnify, defend, and hold MCI and its affiliates, distributors and agents against all claims of loss or damage arising from use of your Card, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Card, and (b) all other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Card.
MCI and its affiliates, distributors and agents will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in MCI offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with MCI services.
With respect to any allegation, claim, or dispute related to use of the Card, the liability of MCI and its affiliates, distributors and agents will be limited to the face value of the Card. In no event will MCI and its affiliates, distributors and agents be liable for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, including lost profits.
This section provides for resolution of most disputes through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. If you have a dispute concerning your Card, please first call Customer Service. All disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted either to the American Arbitration Association ("AAA") or to JAMS ("JAMS"), for final and binding arbitration. The arbitration will be conducted under the AAA Consumer Arbitration Rules if the Card was purchased for personal use by an individual or Commerical Arbitration Rules, if you are a business. ("AAA Rules") or the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), respectively, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. Either party may contact AAA in writing at AAA Central Case Management Center, 134555 Noel Road, Suite 1750, Dallas, TX 75240-6636, or JAMS in writing at 1101 17th St., NW, Suite 808, Washington, D.C. 20036. For more information regarding AAA or JAMS, you may visit their respective web sites at http://www.adr.org/ or http://www.jamsadr.com/. Under the AAA Rules and the JAMS Rules, you also may have the right to take qualifying disputes to small claims court. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Additional charges may apply for such procedures. The arbitration will be conducted in accordance with the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"). The arbitrator will determine any controversy over whether an issue is arbitrable. Any court of competent jurisdiction may confirm or enforce the award. The USAA will govern all post-award proceedings. Currently, the AAA Rules provide for reduced filing fees for consumers. Unless otherwise provided for in the AAA Rules, the JAMS Rules, or in the arbitration award, Telecom*USA and you will divide equally all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator. Each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held at the location that AAA or JAMS selects unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to the Card. Any dispute or claim arising out of or relating to these Terms must be brought within two years after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.
Customers may not modify or assign the Terms. In its sole discretion, MCI may modify and assign these Terms. MCI Communication Services Inc. reserves the right to transfer any and all PINs and their corresponding balances to a different service provider.
No waiver of the Terms is valid.
The Terms are binding upon you and MCI our respective assignees and transferees. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Terms.
The Terms are governed by and construed under the laws of the State of New York and applicable federal law, without regard to choice of law principles.