This Terms of Service Agreement (the "Agreement") controls your (referred to as "Customer," "you," or "your") use of CThai.com, provide International Calling Services, Thailand Phone Card, International Phone Card and related services. Any or all of these services, including the software that may be provisioned to you by CThai.com as part of your use of the services whether CThai.com proprietary software or third party software (collectively "CThai.com software"), are referred to as the "CThai.com Services" or "the Services." In this agreement you and CThai.com may be collectively referred to as "the parties."

Please read this Agreement in its entirety. By downloading CThai.com software or using the Services or software, you agree to be bound by this Agreement and other user policies and agreements CThai.com may establish from time to time. If you do not wish to be bound by this Agreement and the other CThai.com policies, please do sign this Agreement or, if accepting on-line, do not click on "I Agree" or otherwise manifest your assent.

This Agreement is effective as of the Customer account creation date (the "Effective Date") between the Customer and CThai.com. CThai.com agrees to provide web site services and Customer agrees to accept and utilize CThai.com’s service according to the terms of this Agreement and the Order Form (if applicable) which has been executed by the parties and attached hereto.

Services

You must be at least eighteen (18) years of age to subscribe to CThai.com’s Services. Customer is responsible for all use of Customer's account and maintaining the confidentiality of Customer's password(s). CThai.com will suspend access or change access to Customer's account upon notification by Customer that his or her password has been lost, stolen or otherwise compromised. Customer may not transfer or give out its password to third parties, and Customer shall remain liable for all charges incurred for use of the Services. CThai.com shall not be liable for any usage or charges prior to CThai.com making the necessary account alteration.

Calling Services

CThai.com is owned by CThai Communications who provide all CThai.com services. All calling services provided though the CThai.com is authorized by CThai Communictions.

Technical Support

CThai.com will provide technical support consulting services via helpdesk, electronic mail ("e-mail"), telephone and facsimile to assist in verifying the account features of CThai.com’s intended functionality of the CThai.com Services ("Technical Support"). The account features include various products produced by CThai Communication and third party vendors. The Technical Support or Customer Service staff can assist with the setup and configuration the products.

Technical Support does not serve as a consultant to correct and rewrite programming code and scripting-related issues. Only CThai.com-created Services and non-Customer configured Services will be supported to this extent. No e-mails from CThai.com, including Technical Support e-mail, may be resent, distributed or posted on any media accessible to the public (including, but not limited to, any Internet site or bulletin board) by Customer, without CThai.com prior written consent. Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support functions or Services, including, but not limited to, maintenance or repair of Customer's hardware or custom configurations to the server. Technical Support will be provided only to either Customer or Customer's technical or administrative contact. If Customer requires technical assistance beyond the conditions set forth above and CThai.com determines that it has the technical resources for assistance, Customer shall be charged at CThai.com’s standard hourly rate. The hourly rate will be applied to Services not designated as Technical Support, as defined above, or for any Technical Support provided to someone other than Customer or Customer's technical or administrative contact. Prior to requesting support services from CThai.com, Customer or Customer's technical contact agrees to ask CThai.com’s Technical Support personnel if the requested support services qualify as Technical Support.

Technical Support hours are 24 hours each day, except on nationally observed holidays of USA and Thailand, Christmas Eve, during departmental meetings, or when no, or limited support hours may be provided, of which Customer will be notified in advance. Technical Support hours are subject to change.

Required Equipment

Customer shall be solely responsible for the full cost of all required equipment, software and configuration as well as any additional equipment Customer wishes to utilize. CThai.com shall have no obligation or liability in connection with any equipment not purchased through CThai.com and configured by CThai.com, or for any abuse or misuse of any equipment by any party other than CThai.com. CThai.com shall pass through to Customer any warranties from the manufacturers of equipment purchased through CThai.com and installed at Customer's premises. CThai.com shall have no obligation to repair or maintain any equipment at Customer's premises, and Customer shall be responsible for seeking warranty and other Services directly from the manufacturer.

Term

This Agreement shall be effective on a calendar month-to-calendar month basis or a specific term length as set forth in an Order Form beginning on the Effective Date and continuing until terminated as provided herein. This Agreement may be revoked by CThai.com in accordance with the terms herein at any time prior to the Effective Date.

Termination by CThai.com / Acceptable Use

CThai.com, in its sole business judgment, may terminate this Agreement immediately and without prior notice or immediately suspend Customer's access to the Service upon any breach of this Agreement by Customer, including, but not limited to, (a) refusal or failure to pay for Service or (b) Customer's performing activities harmful to CThai.com or its other Customers, employees, vendors, business relationships or other users of the Internet, including but not limited to, spamming; harassment; falsifying information; defamation; violating a third party's privacy; infringing a third party's intellectual property rights; failing to adhere to CThai.com 's security policies or standards that may result in network vulnerability; or hacking or other effort to gain unauthorized access to any server, directory, or account information, all as determined by CThai.com in its sole discretion. CThai.com may also terminate this Agreement without cause at any time upon thirty (30) days prior.

Notice

Unauthorized use of the CThai.com Services in connection with the transmission of unsolicited bulk e-mail ("SPAM"), including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. ? 1030 et seq.) CThai.com’s response to a first spamming offense is to either terminate the account immediately or advice or educate the Customer through an e-mail warning and/or phone call, in CThai.com’s sole discretion. A minimum $100 (One Hundred U.S. Dollars) per hour spam handling fee will be charged to Customer's account for all valid complaints, as determined by the CThai.com Abuse Team.

Termination by Customer

Customer may terminate this Agreement if month-to-month or year-to-year upon forty-five (45) days prior notice and full payment of all subscription fees through the end of the notice period. Term accounts may only be cancelled by paying a cancellation fee equal to seventy-five percent (75%) of the remaining contract balance and by making payment of any outstanding telecommunications charges related to the establishment, maintenance and cancellation of Service to the Customer. If CThai.com breaches any material term of this Agreement and such breach continues for ten (10) business days after Customer has notified CThai.com, you may immediately terminate this Agreement. The foregoing notwithstanding, Customer agrees that payments for domain registration services are non-refundable. Domain registrations may only be terminated if Customer notifies CThai.com in writing within 72 hours of the initial domain registration application submission.

Data

Customer understands and agrees the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to CThai.com. CThai.com has no input whatsoever as to the content of Internet data accessed via the Service. Customer is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED "AS IS" AND AT CUSTOMER'S OWN RISK.

Limited Warranty/Security

CThai.com warrants only that it shall, subject to the terms and conditions of this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED "AS AVAILABLE" AND "AS IS," WITH ALL FAULTS ACCEPTED. CThai.com MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. CThai.com FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. CThai.com DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS THE CUSTOMER'S SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO CUSTOMER'S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU MUST DETERMINE THE SUITABILITY OF THE CThai.com SERVICES FOR THE AFOREMENTIONED TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU TO MEET THESE SECURITY OBLIGATIONS.

Limitation of Liability

Each party specifically agrees that, in no event, shall either party's liability as a result of this Agreement and the provision of Service hereunder, exceed Customer's Phone Card or Service Value which any claim of liability arose or the amount paid for any term Agreement. Neither party shall have liability whatsoever for any indirect, special, incidental, consequential or punitive damages of any kind, including but not limited to, lost revenue and lost profit.

Site Credits

All money credited in the CThai.com Customer's Accounts can be used as same as money to buy all services provided by CThai.com or CThai.com's Partners only. The money credited in the CThai.com Customer's Accounts cannot change, exchange or withdraw from the accounts. The money credited will be value in US dollars only. All customers must accept this term agreement after have bought any services from CThai.com.

Compliance and Indemnification

Customer agrees to use the Service in compliance with all applicable laws. Customer shall be charged for all costs incurred by CThai.com, including reasonable attorney fees, for any claim, loss, or damage arising out of Customer's use or misuse of the Services.

Customer specifically agrees to defend, indemnify, and hold harmless CThai.com, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Customer under this Agreement or its use of the Service. This specifically includes any liability to which CThai.com may be exposed arising out of Customer's having root or password access to any services, and Customer hereby releases and holds CThai.com harmless from and against any such liability or damage.

Personal Files/E-Mail Inbox

CThai.com is not responsible for back ups of Customer's personal files or other information. CThai.com reserves the right to delete Customer information and files upon termination of the Service. Any IP addresses assigned to Customer are considered loaned by CThai.com and will revert back to CThai.com after cessation of the Service. E-mail inboxes have size limits set by CThai.com. Once that size limit is reached or exceeded, Customer will receive notification, and no more e-mail will be delivered to that inbox until the size of the inbox is reduced by Customer to below the limit for that account.

Privacy

Privacy issues are governed by CThai.com’s Privacy Policy, and that document should be consulted for any questions you may have about how CThai.com uses your Customer information. You are required to develop and post a privacy policy on your web sites to the extent you gather any personal information from your customers or from visitors to your site.

Notice

Notice to CThai.com shall be in writing and delivered by hand, e-mail, facsimile, or, if sent by certified mail, return receipt requested, or a nationally recognized overnight delivery service that keep records of deliveries and attempted deliveries (such as UPS, FedEx). It is imperative that CThai.com be able to contact Customer at all times. Customer must promptly advise CThai.com of any changes to his, her or its contact information, including mailing and e-mail addresses and phone number. Failure to do so constitutes grounds for immediate termination; moreover, any notices from CThai.com to Customer sent to Customer's last known e-mail address as provided by Customer to CThai.com shall be deemed effective even if Customer has failed to provide updated information to CThai.com

Payment/Taxes

Customer shall pay CThai.com for all charges listed on CThai.com’s invoice, including all shipping and handling charges and other charges incidental to the provisioning of the Services. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, Subscriber agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Subscriber agrees to pay the highest rate allowed by law. In addition, Subscriber agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Subscriber agrees to execute financing statements and other instruments at CThai.com’s request. A $20.00 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. Any tax liability arising from Customer's use of the Service (other than taxes on CThai.com income) will be Customer's responsibility. Customer will pay all sales and use taxes relating to the Service, as well as all duties or levies on Products and Services.

(a) Payment Terms. Unless otherwise subscribed or agreed, payment of the selected Service is due monthly (annual) on the first day of each calendar month (year) for the Service to be rendered during the upcoming month (year). CThai.com reserves the right to adjust its fees for Service hereunder at any time in the event CThai.com experiences a rate increase from its telecommunications supplier. However, if Customer has signed a term agreement, CThai.com’s pricing will remain constant for the agreed-to term. CThai.com is not responsible for the pricing of any phone company service fees whether billed directly to Customer by the phone company or through CThai.com on behalf of the phone company. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN ADVANCE, ON OR ABOUT THE ANNIVERSARY DATE OF THE SERVICE FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $15 (Fifteen U.S. Dollars) will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for non-payment. Payment is late after the fifth (5th) calendar day of the month. CThai.com may change any fee, rate, or plan upon thirty (30) days' notice. Refunds, if any, from termination or cancellation of term or pre-paid accounts are only available as if the Customer were a month-to-month Customer, and will not be based on the discount the Customer may have received for prepaying the account.

(b) Payment Method. CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH MONTH (EACH YEAR) FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY CThai.com AFTER NOTICE TO CUSTOMER. Payment may be made by check or purchase order only by key accounts and only upon prior authorization by CThai.com. Customer additionally authorizes periodic verification of credit worthiness. CThai.com, in its sole discretion and judgment, may discontinue credit at any time without notice.

(c) Security for Indebtedness. In the event that Customer fails to pay CThai.com all amounts owed CThai.com under this Agreement when due, Customer agrees that, upon delivery of notice to Customer via facsimile, e-mail or other method approved hereby, CThai.com may (i) restrict Customer's physical access to any Customer equipment or data, and/or (ii) take possession of any Customer equipment or data and store it, at Customer's expense, until taken in full or partial satisfaction of any lien or judgment, all without being liable to prosecution or for damages.

(d) Payment Gateway. CThai.com uses the credit card payment gateway services of Cardservice International Inc., Kasikorn Bank and Paypal. CThai.com's customers understand that the purchase will appear on customers credit card statement under the name CThai.com charged by Cardservice International Inc., Kasikorn Bank or Paypal and that should customers have any problems with the order payment, the customers can contact Cardservice International Inc., Kasikorn Bank or Paypal for a prompt resolution.

Controllability

CThai.com shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, or any third party telecommunications or Internet connectivity providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of CThai.com.

Waiver; Severability

No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of this Agreement is stricken as unenforceable, the rest of the Agreement shall remain in full force and effect.

Successors and Assigns

This Agreement is not assignable or delegable in whole or in part by Customer without the prior express written consent of CThai.com. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of CThai.com, and permitted assigns of Customer. This Agreement is assignable by CThai.com provided CThai.com gives Customer written notice of such an assignment and the assigning party (ies) is/are capable of performing all of CThai.com’s obligations hereunder.

Resale

The Service provided hereunder is limited to Customer and may be resold in limited manner whatsoever Customer can apply to be our authorized reseller by contacting at CThai.com. The Customer, who isn’t applying to be our authorized reseller, will not be able to use our CThai brands and rights in any manner.

Disclaimer

CThai.com shall not be liable for any damages or injury resulting from your access to, or inability to access, this site, or your reliance on any information provided at this site. Without limiting the foregoing, everything on the site is provided to you “AS IS” without warrantee of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the sever that makes it available are free of viruses or other harmful components. CThai.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not CThai.com) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Site Liability

Under no circumstances, including, but not limited to, negligence, shall CThai.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if CThai.com or a CThai.com authorized representative has been advised of the possibility of such damages. In no event shall CThai.com have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site.

Other

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other CThai.com site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of California and the country of Thailand.

CThai.com also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

CThai.com may use anything you transmit or post for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

Modification or Amendment to Agreement

This Agreement may be amended or modified from time to time upon Notice to Customer in CThai.com’s sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage.

Entire Agreement

These terms and conditions constitute the entire Agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by CThai.com at any time without notice, so please check back frequently to review changes. Any changes or amendments to this Agreement shall be set forth at www.CThai.com. This Agreement may not be amended by Customer unless the amendment is approved by both parties in writing. Any questions about this Agreement should be directed to admin@cthai.com or use our Contact form.