User Agreement for PhoneSexJunkie™ Service

This Agreement applies to your use of PhoneSexJunkie™ service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "PhoneSexJunkie" will refer collectively to PhoneSexJunkie.com and its respective parent company or affiliates.

By purchasing time, you represent that you understand and accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms. This Agreement was last modified on September 15, 2009.

I. User Responsibilities

1. Eligibility. In order to use the Service, you agree that you are of legal age in the community you reside in and that you are within your legal rights to receive the adult services PhoneSexJunkie offers. You also agree that you are at least 18 years of age.

2. Account: You agree that by purchasing time you are in fact registering an account. You will register for and maintain no more than one account. To do so requires you to inform PhoneSexJunkie of any changes to your contact email address and to always use the same User ID#. PhoneSexJunkie reserves the right to terminate duplicate accounts.

3. Registration Information. You agree to provide true, accurate and complete registration information when making your appointment and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, PhoneSexJunkie has the right to terminate your use of the Service and PhoneSexJunkie has the right to recover from you any costs or losses incurred for PhoneSexJunkie or any third party as a direct or indirect result of the inaccurate or incomplete information.

4. International Use. You must agree to incure all long distance charges if you are not currently residing in the United States.

5. Appointment. You will have 30 days to either make your appointment or redeem your account balance from the time of purchase, after which it will be unredeemable. However, by making the appointment the user has forfeited any rights to recover the account balance as it will become unredeemable at the time the appointment is made. User may only make appointments according to the amount of time user has purchased. User may cancel an appointment and reschedule no more than once for any given payment. All special requests for larger time blocks by Repeat Offenders that are not represented on this website are placed in the schedule by the administrator and are final without an email request specifying the Users Customer ID#, Username, Day, Date, and Time of the current appointment and the Day, Date, and Time of the rescheduled appointment request.

6. Cancellations And Rescheduling. ALL accounts are automatically inactive at the time the appointment is made for. For instance, if your appointment is made for Thursday, March 9th at 9:30 pm EST … then at that time on the minute your account becomes inactive (closed) and PhoneSexJunkie assumes you have kept that appointment. If you wish to reschedule you must cancel your current appointment prior to the time of said appointment. To not do so will result in 1. Your being called at the phone number that you gave PhoneSexJunkie at the time you scheduled your appointment, and 2. Your being unable to reschedule without requesting PhoneSexJunkie to activate your account by contacting sneakydevil@phonesexjunkie.com SUBJECT: HELP
NOTE: If you cannot keep your appointment you must cancel it either by accessing the schedule or by phoning in your cancellation to the voice mail # that is provided VIA email when you make your appointment.

7. Reimbursement: Once a User has made an appointment, there are no reimbursements. If User has made payment, has not made an appointment, wishes not to receive service there are no refunds.

8. Spending Limits. Each User will be limited to $90.00 of spending until verification of customer in good standing has been completed. Any attempts to buy more than 3 blocks of time within the first month will result in A) your payment being returned to you via the same payment method you used to pay PhoneSexJunkie and B) possible termination of service to User. Upon completion of verification of customer in good standing (no attempts at charge backs, no fraud, no being an asshole) user will be eligible for the REPEAT OFFENDER discounts. PLEASE NOTE: New Users, to become a Repeat Offender you must purchase 3 blocks of time (separately), this includes discounted first call, and be a customer in good standing.

9. Money Orders and Cashiers Checks. Upon your request, PhoneSexJunkie will make available an address for you to send payment to. You agree to not give out, sell information to or list this address with any organization and not to spam this address with unwanted postal mail.

10. Fees. PhoneSexJunkie's current Fee's for using services are posted on the website. Unless otherwise stated, all fees quoted are in U.S. dollars. For REPEAT OFFENDERS discounts you must contact sneakydevil@phonesexjunkie.com. Users are responsible for paying all fees associated with the use of making payments by money orders or cashiers checks.

11. Correct Phone Number. You agree that you have access to a telephone, to a current telephone number, and telephone service. You have sole responsibility for providing PhoneSexJunkie with a correct and operational phone number. PhoneSexJunkie will not be liable for any undelivered phone call communications or any costs you incur for maintaining telephone access. You must promptly notify PhoneSexJunkie of any change in your contact phone number, while you have an active account. PhoneSexJunkie will use the phone number you provided at the time you make your appointment unless otherwise notified.

12. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing PhoneSexJunkie with a correct and operational e-mail address. PhoneSexJunkie will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify PhoneSexJunkie of any change in your e-mail, while you have an active account or at the time you reactivate your account by making another purchase.

13. Electronic Communications. Agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be delivered to your contact e-mail address while your account is active.

14. No Spam. You agree not to use unsolicited email, Usenet, message board postings, or similar methods of mass messaging (spam) to harass or debase PhoneSexJunkie or its Users. The use of spam to harass or debase has strict negative consequences. We will immediately and permanently terminate the account of any User who has used unsolicited email to harass or debase PhoneSexJunkie. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.

15. Privacy. Our Privacy Policy is outlined below under the heading Buyer Protection Guarantee and Privacy Policy. You agree that you have had an opportunity to review, download or print our Privacy Policy. You consent to have your username and or User ID# posted in the schedule. PhoneSexJunkie is not responsible and will not be held liable if your email is obtained or read by other parties. User is responsible for keeping and maintaining the privacy of their email account.

16. Passwords. You may not divulge your account password to anyone else, nor may you use anyone else's password. PhoneSexJunkie is not responsible for losses incurred by Users as the result of their misuse of passwords. If you have paid for services and or have an active appointment you MUST email PhoneSexJunkie from the email account you gave us as a contact email address and request for your password, username and or User ID # at sneakydevil@phonesexjunkie.com SUBJECT: PASSWORD HELP

17. Hacking. If you use, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Scheduler, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

18. Assign ability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of PhoneSexJunkie.

19. Indemnification. You agree to indemnify and hold PhoneSexJunkie, its affiliates, officers and directors harmless from any claim, action, demand, loss, or damages (including court and attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.

20. Choice of Law. The laws of the state of Michigan govern this Agreement as such laws are applied to agreements entered into and to be performed entirely within Michigan-by-Michigan residents.

II. Rights and Disclaimers of PhoneSexJunkie

1. Processing. PhoneSexJunkie shall make reasonable efforts to ensure that requests for services, information and credits involving your account and payments are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when username/password/User ID#s are received. Although processing is done as soon as humanly possible, we make no representations or warranties regarding the amount of time needed to complete processing due to any such delays in paypal or the mail service, computer malfunctions and internet problems, nor shall we be liable for any damages caused by these possibilities.

2. Miscellaneous Disclaimers.

(a) PhoneSexJunkie shall not be held responsible for paypal.com having service problems or your being unable to connect to their website or for any undelivered mail via either the postal service or through the Internet by paypal.

(b) PhoneSexJunkie shall not be responsible for payments made to unintended Recipients due to the input of incorrect information when sending payment to us either by paypal or the postal service. PhoneSexJunkie shall not be responsible for the verification of the identity of Users.

(c) PhoneSexJunkie shall not be responsible for any information lost due to malfunction or loss of a handheld device such as laptops, Palm Pilots etc.

(d) PhoneSexJunkie shall not be obligated to reimburse a User for any Payments for which PhoneSexJunkie has not been fully paid by the Sender's credit card issuer through paypal or has not received if sent by postal service.

(e) PhoneSexJunkie will not have any liability in connection with any unauthorized interception or use of data relating to you or PhoneSexJunkie service; any inability to use or access the service or the PhoneSexJunkie.com website for any reason; any actions or transactions by an individual that uses your user name and password; or any cause over which PhoneSexJunkie does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.

(f) In no event shall PhoneSexJunkie be liable (1) for damages caused other than by intentional misconduct or (2) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost monies, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use business service or the PhoneSexJunkie.com website or any of the associated services, even if PhoneSexJunkie has been advised of the possibility of such damages. In no event shall PhoneSexJunkie be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, being invaded by aliens, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

3. Termination. PhoneSexJunkie, in its sole discretion, reserves the right to terminate this Agreement, access to its web site, or access to Service without notice for any reason and at any time.

4. Trademarks. PhoneSexJunkie.com, E-Leet Communications and all related logos, products and services described in this website are either trademarks or registered trademarks of E-Leet Communications, or their licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of E-Leet Communications. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PhoneSexJunkie.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of E-Leet Communications.

Buyer Protection Guarantee and Privacy Policy.

III. User Assurance Against Unauthorized Access To Their Personal Information

1. In General. PhoneSexJunkie protects Users from unauthorized and unsolicited email and phone calls. We do not sell, give away or trade any information about our Users with any other company and or group. ALL information PhoneSexJunkie obtains for any reason under any circumstance is held under strict confidentiality.

2. Phone Number. PhoneSexJunkie closes all accounts at the time of the scheduled appointment and deletes your phone number from the calendars database. You will never be called for any reason with the exception of your buying services and requesting a call by making an appointment.

3. E-MAIL. You are asked to keep and use a web based email account to receive email from PhoneSexJunkie. This is the only information that is kept in the database along with your User ID #, for purposes of keeping track of people entitled to Repeat Offender discounts. Although PhoneSexJunkie keeps your current email address on file we do not contact you unless you email us asking for a response related to services,have paid for service, have won a contest you entered or when you are entitled to a free call.

4. Credit Card Purchases through PayPal. If you pay PhoneSexJunkie using paypal's services, this guarantees PhoneSexJunkie can never over charge you, tack on hidden fees or make unauthorized charges to your credit card. Only you control what you pay and whom you pay through paypal.

5. Credit Card Purchases by Phone VIA the virtual terminal. If you pay PhoneSexJunkie over the phone line you are guaranteed that NO hidden charges, per minute charges or duplicate charges will be processed through your credit card. NONE of your information will be sold or given to any company with the exception of PhoneSexJunkie's merchant and/ or affilates that process credit cards for services. NOTE: you will never be contacted by any of these companies, unless you try and charge back.

Seller Protection.

1. In general. PhoneSexJunkie believes that by being reliable, respectful, trustworthy, and providing excellent service PhoneSexJunkie will have reliable, respectful, trustworthy Users. However, in case you are not such a person read on…

2. Charge Backs. Charge Backs will not be tolerated for any reason. If you should use charge back you will no longer be able to receive any services in the future and all charge back attempts will be agressively fought by PhoneSexJunkie and its merchant.

3. Termination. Disputes or requests for refund made in excess, attempts for charge backs, and abuse of the calendar, or other abuses of the Service are, without limitation, grounds for restricting your account and/or terminating your right to use the Service

In Final, by accepting the terms as outlined in this Agreement and using PhoneSexJunkie.com services you agree that you are of legal age in the community, city, township, state, and/or province that you reside in. That you do not provide untrue or incorrect information regarding your email address and/ or phone number. If PhoneSexJunkie has reason to believe that you may be under 18, have given a false number or phone number outside of the US or Canada, and including without limitation any violation of any terms and conditions relating to service, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with PhoneSexJunkie to investigate any suspected unlawful, fraudulent or improper activity.

This Agreement is subject to change at any time without notice, and you agree to review the current terms of use prior to initiating a transaction.