Mushrooms in Memphis

Hillary Clinton Vs. John McCain

VOA News January 23, 2013 U.S. Secretary of State Hillary Clinton testified Wednesday before a Senate Committee about last year's attack on the U.S. mission in the Benghazi, Libya, in a hearing that included sharp criticism from lawmakers on her handling of the incident.

Among her harshest critics on the Senate Foreign Relations Committee was one-time Republican presidential candidate, Senator John McCain. "There are many questions [about Benghazi] that are unanswered and the answers frankly that you have this morning are not satisfactory," he said. Republican Senator Bob Corker said security shortfalls point to a larger problem. "It seems to be Benghazi symbolizes just the woeful unpreparedness that our nation as it relates to issues in North Africa," he said. Clinton agreed, saying "Make no mistake about it. We need a better strategy." Republican Senator Ron Johnson questioned the administration's handling of the attack that killed U.S. ambassador Chris Stevens and three other Americans. "We were misled that there were supposedly protests and that somehow an assault sprang out of it. And that was easily ascertained that that was not the fact. And the American people could have known that within days," he said. The outgoing secretary of state said assigning blame is not helpful. "The fact is we had four dead Americans. Was it because of a protest or was it because of guys out for a walk one night who decided they would go kill some Americans? What difference, at this point, does it make. It is our job to figure out what happened and do everything in our power to prevent it from ever happening again, senator," she said. Watch a video clip of Clinton's testimony

Stacey Dash - Where are you?

MEMPHIS TN (IFS) -- Ms. Dash, we heard your voice loud and clear, and thank goodness for the freedom of choice and the freedom of free speech,  that all of us are allowed to share in this great country. However, since the election season, we have not heard one word from you, or any appearances in film, television or print in some time. You are a treasure and much loved. I hope to see you on the big screen or a TV scene very soon. I miss you. - KHS


Stacey began her 1300 word declaration before the election results were final and finished after the winner was announced.

You can go here to download the entire text, where Stacey explains her choice to endorse Mitt Romney in great detail, but here’s the gist of it,

At the end of the day we are in this together. This is Our American Family. I do not want to be a part of the hateful voices insulting each other. I want to be a part of the voices that helps shape the future. Don’t you? Perhaps I publicly endorsed Romney from a slightly naive place, thinking that I could speak my voice without being criticized in such racially charged and hateful tones.

People get it wrong. My vote for Romney isn’t a vote against Obama. That’s not how full participants in the democratic process operate. We vote for candidates and we vote for issues.

I’ve been fortunate enough in my career to have earned a considerable income. I am a fiscal conservative. I like the simplicity of the plan to lower taxes. I feel I’ve paid out a substantial amount over the 20 plus years I’ve been working. I’m also a woman. And as a single Mother who happens to be half-Bajan and half-Mexican, I have concerns, which cover many topics and issues.

I know that what Stacey Dash thinks about who will be the next president of the United States isn’t that important in the scheme of things- but I feel a desperation for the country. The fact is, that when the two parties are not working together, it makes things worse! Bring me a leader from either party that can get this unstuck. Non-partisanship is what will get Americans back to work and the homeless back on their feet. Whoever is the next president must break gridlock and do the will of the people. Stop pandering to partisan politics while our great nation flounders.

Ten hours later

President Obama has been re -elected. I congratulate him. No he was not my choice, but he was the choice of the majority of our country. I do respect and appreciate that the country came together to make a choice. So for that I applaud Americans. Although I am disappointed that Governor Romney and Congressman Ryan did not win. I am hopeful that President Obama will lead us to becoming the great UNITED STATES OF AMERICA that thrives.

A Little-Known Legal Maneuver Let 3 Men Convicted Of Murder Get Out Of Jail While Still Admitting Guilt

by Abby Rogers

Prisoners Across America Have Been Sending Us Letters By The Hundreds
Three teens were convicted in the early 90s of the sexual assault and murder of three 8-year-old boys in West Memphis, Ark.

However, the teenagers always maintained their innocence and after nearly 20 years behind bars — and the help of some Hollywood heavyweights like Lord of the Rings director Peter Jackson — Damien Echols, Jessie Misskelly, and Jason Baldwin walked out of prison free men in August 2011.

But their eventual path to freedom was full of tricky legal maneuvers, the biggest of which was an agreement with prosecutors that required them to plead guilty while still maintaining their innocence.

An Alford Plea essentially lets defendants maintain their innocence — they say they didn't do it but admit the state has enough evidence to prove their guilt — while still technically pleading guilty.

After the Arkansas Supreme Court unanimously decided to grant the West Memphis 3 a new trial, the trio invoked an Alford Plea because it could help them avoid a risky new trial.

"So, there was a risk when it went back to trial that the [jury] would still vote for guilt," West Memphis 3 attorney Patrick Benca told Business Insider in an email. "There was the belief that maybe one or two of the jurors would stick to their guilty beliefs and hang the jury, which would have resulted in further delay to getting Damien, and the others out of prison. You can still research comments on the Internet and find these rogue opinions. Our deal got Damien and the others out now without having to address that risk."

Despite the fact the plea got them out of the jail, it didn't exonerate them. In the eyes of the law, the trio pleaded guilty to murdering Christopher Byers, Stevie Branch, and Michael Moore and will always carry the record to prove it.

But the case is far from over.

Now that the three are free men once again, their team has set about finding out who actually murdered the three 8-year-old boys.

West of Memphis, the latest documentary about the case, suggests Branch's stepfather Terry Hobbs should be investigated for the crime.

Attorneys for Echols said in January Hobbs' nephew told friends "my uncle Terry murdered those three little boys," Fox 16 reported at the time.

Hobbs has fought the allegations, calling them "more of a publicity stunt" than anything else.

But earlier this fall, prosecutor Scott Ellington agreed to look into the trio's allegations against Hobbs, according to the Free West Memphis 3 blog.

And it appears he has every right to do so. According to Benca, the West Memphis 3's Alford Pleas don't prohibit prosecutors from pursuing, and possibly convicting, additional suspects.

"It's no different than a prosecutor pursuing other leads when someone is found guilty," Benca said. If new evidence develops, he said, there's "an obligation to make things right."




West Memphis Three
Ellington added to West Memphis 3 FOI case
Posted by Max Brantley

ADDED TO LAWSUIT: Scott Ellington.
Mara Leveritt reports on a legal development in the ongoing West Memphis Three case.


Two parents of children murdered in West Memphis in 1993 still have not been granted access to evidence relating to those murders, despite a lawsuit against local officials and state claims that the case is closed. Now, Pam Hicks and John Mark Byers have amended their lawsuit to include as a defendant Scott Ellington, the district’s prosecuting attorney, who is also a candidate for Congress.

Hicks filed her lawsuit on June 22, after West Memphis police officials denied her request to view evidence in her son’s case. She made that request more than nine months after Ellington entered into an unusual deal by which with the men convicted of the murders—Damien Echols, Jason Baldwin and Jessie Misskelley—pleaded guilty and were freed from prison.

Earlier this week, Ellington said he had not yet seen the lawsuit. He added: “Once I get papers served on me, we’ll forward them on to whomever and respond accordingly.”

In a press conference after their release, on Aug. 19, 2011, Ellington said: “The legal tangle that has become known as the West Memphis Three case is finished.” Supporters of Echols, Baldwin and Misskelley have pressed, nevertheless, for their exoneration.

After Hicks sued the police department for violating the Arkansas Freedom of Information Act by refusing to grant her access to the evidence, West Memphis Police Chief Donald Oakes told the Arkansas Times: "It's our position that our primary responsibility is to protect the integrity of the evidence if at some point in the future a defense team or prosecutor wanted it tested."

Oakes said at the time that he thought there was “probably some room" to accommodate Hicks in some parts of her request. But he added: "The person who should decide access should either be the judge with jurisdiction or the prosecutor, not the police department."

In an interview this week, Ellington said he would “be tickled” to let the attorney representing Hicks and Byers see “anything and everything” in his possession relating to the West Memphis case, but that he and attorney Ken Swindle, of Rogers, had not been able to agree on a time. Swindle said that Ellington has not responded to repeated requests to do that.

Ellington said that the records in his office are “fairly miniscule, compared to what’s at the West Memphis Police Department.” He said he has “basically, old trial notebooks” prepared by former prosecuting attorneys Brent Davis and John Fogleman—“anything that they would have put together in the case.”

Ellington, who is currently running for Congress from Arkansas’s First Congressional District, said it was up to the West Memphis Police Department to decide what evidence it would allow to be viewed. He also deferred to the city attorney for West Memphis to decide which items were covered by the state FOI law and which were not.

“I think that FOI is for documentary evidence,” Ellington said. “It’s for documents. I don’t think it applies to other evidence.”

Still, Ellington admitted that he had, originally, supported the request from Hicks to see her son’s bicycle and other physical evidence that the police department had denied. “I had conversations with citizens who said, ‘What’s the big deal? What’s wrong with letting her see the bicycles?”

When Ellington called Oakes, he said, the chief told him he had no problem with letting Hicks see the “big property.” But, Ellington said, he understood the chief’s position that he did not want to “open up all the stuff from Bode labs,” a reference to the laboratory that analyzed certain fibers and DNA evidence.

The lawsuit naming Ellington claims that a Freedom of Information request was send to him on July 12, that Ellington acknowledged receipt of the letter “both over the telephone and by electronic communication,” and that he “has not provided the information requested.”

Through their attorney, Hicks and Byers asked the Circuit Court judge in Crittenden County to order Ellington and the police department to allow the parents, among other things, “to view and examine all evidence gathered in the investigation of the murders;” to provide “an evidence log or list identifying the physical evidence;” and to provide “all logs or other records indicating who has been permitted access to any of the physical evidence.”

The dispute over access to the evidence pits state and local officials against supporters of Echols, Baldwin and Misskelley who believe that the men are innocent and that the person or persons who killed the three eight-year-old boys in West Memphis almost 20 years ago remains on the loose.

Within the past five years, DNA identified as belonging to Terry Hobbs, the stepfather of Stevie Branch, was found inside one of the knots used to bind one of the other victims. A reward of $200,000 is still being offered for information that may prove crucial in the case.

If such information developed and someone new was charged with the murders, police and prosecutors would want to proceed to trial with evidence that had been properly preserved. That is why the public is not allowed to view evidence in cases that are still “open.”

But when prosecutors are satisfied that a case has been “closed,” either by convictions, acquittals, or for lack of evidence, files are opened and some evidence may even be returned to families.

In the West Memphis case, state and local officials seem to want to have it both ways. While claiming the case is closed, they are preserving the evidence in case, as Oakes put it, “at some point in the future a defense team or prosecutor wanted it tested."

A further twist on the discussion arose last week, during an interview with Kermit Channel, executive director of the Arkansas State Crime Laboratory. Channel said he hoped to be able to address criticisms of his lab that were leveled by Baldwin’s attorneys in letters that were sent to Gov. Mike Beebe, Attorney General Dustin McDaniel, and Ellington.

However, before he could respond, Channel said, he would need to check with Ellington. “I need to make sure I have authorization to talk about the case,” he said. “It’s still the prosecutor’s case. Whether there’s a conviction or an exoneration, in the eyes of the crime lab, this evidence is still protected by law, regardless of the judicial outcome.”

10 Comments

 Amy Swinderman

Ellington: "I said I would review any credible evidence presented by the defense counsel. We are continuing to do that."

Can you be more specific? What have you done? What is your timeline for addressing the information given to your office?


Ellington: "Part of the holdup is locating folks to talk to."


I can find them on Facebook. I live in Ohio. Additionally, I have also read that two of these people who offered information were arrested and actually in state custody for a certain period of time. Were they talked to then?


Ellington: "We told them they could look at anything prior to the Alford plea."


Does that include clothing, bicycles, wallets, etc.? And have you made those available to the parents?


Ellington: "It would be a dereliction of my duties not to review credible evidence." Followed by, "one thing that's very important that I want to say is, if anyone has information, DON'T BRING IT TO ME. There are ways to get it to the defense counsel. They will vet it, and if THEY find it's credible, they can send it to me."


Why does the defense counsel have the responsibility to investigate evidence in a case you, yourself, consider to be open? Is this not the responsibility of your office? And finally, they have already presented you with credible evidence that you have obviously not touched for about a year. Why should the citizens of Arkansas feel confident that you will pursue the evidence (after someone does all the work for you)?


 Courtenay Penick
This guy needs to not be involved AT ALL. He screwed it up enough the first time. I'd love to see this case re-opened in a foreign jurisdiction. The judge himself, kept the appeals out long enough, because they kept handing it to the same biased judge. They have something to cover up, no doubt. This case will never be solved as long as the same players are involved.

 Lein Anderson
Mr. Ellington, your body language says you are lying. If I was a juror I would vote to disbar you immediately. You have failed to do your job and you are dragging your feet. This is a travesty and has always been. One thing is for sure you are a dyed in wool politican who is well versed on the double speak and saying nothing worth listening too. You need to be fired!

 Ralph Noyes
He needs to lose his law license.


There's a judge, former prosecutor, now under state criminal investigation in Texas, just north of Austin, for prosecuting a murder case in the 80s that he HAD to know was bogus. He concealed evidence that showed the accused was innocent.

Ambitious prosecutors WILL do things like this, sad to say.

Mr. Ellington has a LOT of explaining to do.

 Yvonne Hughson
You have got to be kidding me??? He can turn up at a press conference but refused to answer emails or telephone calls from Attornies, hides from being served his subpoena and is seen at the court house yet has his deputy testify for him. AND was claimed on his behalf it is an ongoing active investigation yet couldn't produce anything to prove it is. How is it that Amy Berg is able to track down people of interest but this guy can't? Shaun Wheeler is right. 2 of the parties those affidavits involve are easily accessable to interview, and, he's done nothing since the affidavits were provided to him in Dec 2011. The interviewers might as well have asked Ellington how long is a piece of string? The last person seen with the murdered children was Terry Hobbs as his neighbours say in their affidavits. His brother was overheard assuring Terry he was safe as they already had convictions, and Terrys nephew confessed that his Uncle had murdered those 3 children and it was the 'family secret'. Terry Hobbs alibi witness also throws him under the bus. Ellingtons piece of string seems exceptionally long......


 Ralph Noyes
This was a Christianist witchhunt and the lynching of three stupid hippies from Day One.


Everyone involved, including the West Memphis police, the prosecutor, the judge, and the jury -- especially that influential juror who engaged in serious juror misconduct -- have left a stain on the State of Arkansas that time will not erase.


 killingvector
"QUESTION: If Scott Ellington is telling the truth, why is he trying his case in the media instead of showing up in court? "


Bizarre you should say that because that has been the defense's tactic since the original trials.


 Amy Swinderman
What other recourse did they have?


 Shaun Wheeler
QUESTION: If Scott Ellington is telling the truth, why is he trying his case in the media instead of showing up in court?


Is he afraid of going on record in the only setting that counts? Where his law license can be placed in jeopardy? Statements on television are nice, but statements in court are oh so much better.


 Shaun Wheeler
Ellington is being untruthful and less than candid.


Two of the parties responsible for the statements have been arrested no less than twice since the affidavits were put into Scott Ellington's hands.


Neither of those two parties have been interviewed by Scott Ellington or any person working at his direction.


If nearly a year is inadequate time for Scott to drive to Mountain Home and interview somebody who is sitting in jail, how much more time does he plan on taking?


Mr. Ellington assumes that by merely pointing to the defense he can abdicate his responsibility to the voting public. He is correct to point out that his license to practice law hangs in the balance. Perhaps it's time to see how much the scales have tipped in favor of disbarment.

Surprise, surprise, it seems that between filming 12 hours of hobbits walking around, Peter Jackson found time to indeed do something interesting. Jackson and his producing/life partner, Fran Walsh, are financing a series of giveaway screenings of West of Memphis, their documentary about a West Memphis Three, in and around a district where a prosecutor who worked out a defence understanding is using for congress. That’s as tighten as it gets to gangsta for a dude from New Zealand.

The New Zealand-based filmmaker and his producing partner wife, Fran Walsh, are bankrolling a debate to spin adult a feverishness on Scott Ellington, who is using as a Democrat to paint a state’s initial congressional district in a House of Representatives. Ellington also is a prosecuting profession in assign of a scandalous West Memphis Three triple child-murder box of 1993. In 2011, he authorised an surprising understanding in that a contingent of group sent to jail underneath questionable pretenses was expelled after 17 years as enlarged as they concluded to ostensible Alford pleas, wherein defendants claim their ignorance yet acknowledge justification exists that theoretically could find them guilty.

Well, observant he was “the prosecuting attorney” of a box isn’t wholly accurate. Ellington wasn’t a prosecutor there until 2007, when he became a Deputy DA until he was inaugurated DA in 2010. So he didn’t indeed try a strange case, he only presided over a Alford Plea deal, which, nonetheless kind of screwed up, did get a guys out of jail.

[Jackson and Walsh] along with Hollywood backers including Johnny Depp and Pearl Jam’s Eddie Vedder, wish to entirely discharge Damien Echols, Jessie Misskelley Jr. and Jason Baldwin. And they wish to vigour Ellington — who admits in a film that he sought such a defence in partial so that a group could not record a multimillion-dollar polite fit opposite a state for unfair bonds — to rethink his position.
Ellington, adult opposite a well-funded Republican in a solidly regressive district, is a enlarged shot to win anyway, according to Arkansas State Poll executive Janine Parry. [THR]

Under a circumstances, it seems a small uncanny that they picked this guy. Meanwhile, a decider who presided over a strange case, David Burnett, who pronounced publicly after a defence understanding that he still thinks a 3 are murderers (aren’t judges ostensible to be impartial?), is using unopposed as an obligatory state senator. we theory we can’t change an choosing with no opponent.

Here’s an mention from Ellington’s central matter on because he offering a Alford Plea:


Echols and Baldwin mount convicted of 3 depends of Murder in a First Degree. Misskelley stands convicted of one count of First Degree Murder, and dual depends of Murder in a Second Degree, thereby affirming a verdicts a dual juries handed down seventeen years ago.

A 2010 Arkansas Supreme Court statute brought to light a really genuine unfolding that any of a defendants could expected accept a new trial. we trust that allegations of bungle on interest of a juror in a Echols-Baldwin hearing would expected outcome in a new hearing being systematic possibly by a circuit probity or sovereign court. we serve trust it would be most unfit to put on a correct box opposite a defendants in this sold box after eighteen years of extended litigation. Even if a State were to overcome in a new trial, sentences could be opposite and a appeals routine would start all over again.

Since a strange convictions, dual of a victims’ families have assimilated army with a defense, publically [sic] proclaiming a ignorance of a defendants. The mom of a declare who testified about Echols’s admission has publicly questioned her daughter’s truthfulness, and a State Crime Lab worker who collected fiber justification during a Echols and Baldwin homes after their arrests has died.

In light of these resources we motionless to perform defence offers that were being due by a defense. we NEVER deliberate ANY arrangement that would annul a verdicts of those dual juries. Guilt or Innocence was NEVER ON THE TABLE.

Today’s move allows a defendants a leisure of debate to SAY they are innocent, yet a FACT is, they only beg GUILTY. we strongly trust that a interests of probity have been served today.

On interest of a State we have recorded a verdicts of those juries and averted some-more enlarged and dear trials and appeals in this case.

The authorised mixed that has turn famous as a West Memphis Three box is finished. [ArkansasTimes]

TRANSLATION: “Even yet we only pronounced these guys are guilty, I’m disturbed that a genuine hearing competence outcome in their being valid innocent, so we railroaded them into a crappy understanding to save face.”

Forget what we pronounced earlier, this man is really an greasy sh*tweasel. Even if a screenings don’t impact a election, during slightest some-more people will know what a sh*tweasel he is, that seems like a estimable cause. Also, this is conjunction here nor there, yet “West of Memphis” is a laziest pretension ever.

Peter Jackson perplexing to confuse West Memphis 3 prosecutor is posted at Movie Chart with URL address : http://moviechart.info/peter-jackson-trying-to-embarrass-west-memphis-3-prosecutor.html

Merrell Fankhauser's "Wipe Out" or "WipeOut" - The Legal System rules - It’s still the App Store and the Appstore, for now

MEMPHIS TN (IFS) -- It was back in the middle 1960's when the smash hit record "Wipe Out" by the Surfaris went into the court system.  Before the record was released to then Dot Records which later became ABC/Dot Records, Merrell Fankhauser received all of the credits from the original producer as the writer of "Wipe Out" as the Impacts released it first, one whole year before the Surfaris version.

As the Court granted the writers to the group "The Surfaris" as the sole writers, because of the spelling of the song.  "Wipe Out" verses "WipeOut".  As the song was exactly the same in opening, verse, chorus, lyric, etc., the court ordered two difference versions of the song all because of the spelling.  Even though, the songs in questioned were recorded by the same group - The Impacts.

It is stated by then president of Del-Fi Records, Bob Keene that he recorded over seventeen different takes of the same song.  When the disgruntled record producer picked another version of the production and formed a new group and called them "The Surfaris" and the rest is history.  It took over thirty (30) years for Merrell Fankhauser and the Impacts who released the original "WipeOut" one year earlier to get all of the rights to his song.  Just a little note about the legal system and names. -KHS


A federal judge dismisses Apple’s false advertising claim against Amazon over the store name.

By Bill Siwicki
Managing Editor, Mobile Commerce, Internet Retailer Magazine

Apple Inc. sells apps for the iPhone, iPad and iPod Touch through an online destination known as the App Store. Amazon.com Inc. sells apps for smartphones and tablets running Google Inc.’s Android operating system, such as Amazon’s Kindle Fire tablet, through an online destination dubbed the Appstore.

Apple was first to name its application store and is suing Amazon, claiming false advertising and trademark infringement.

But the judge presiding over the case has dealt Apple a blow, granting Amazon.com’s motion for summary judgment to dismiss the case’s false advertising claim. U.S. District Judge Phyllis Hamilton wrote in a Wednesday order that Apple did not show how Amazon’s Appstore name confused consumers.

“Apple contends that because its App Store offers so many more apps than Amazon’s Appstore, consumers will be misled into thinking that Amazon’s Appstore will offer just as many,” Judge Hamilton wrote. “There is no evidence that a consumer who accesses the Amazon Appstore would expect that it would be identical to the Apple App Store.”

Hamilton also noted the clear exclusivity of each store, in that the App Store only sells apps for Apple devices and the Appstore only sells apps for Android devices. “Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” Hamilton wrote.

Apple and Amazon.comdid not respond to a request for comment. The false advertising claim was just one part of the suit. The case’s trademark infringement claims will be deliberated at trial, which is scheduled to begin in August. "Although I don't think Apple has a good trademark claim, the court's decision isn't a harbinger of its resolution of that claim," says Rebecca Tushnet, a professor at the Georgetown University School of Law.

"It's simply a ruling that, whatever Apple's claims are, they have to be pursued through trademark law." Apple filed the lawsuit, which is being heard in the U.S. District Court for the Northern District of California, in March 2012. It seeks an injunction against Amazon using the words “app” and “store” to describe its application outlet along with profits Amazon has made that are attributable to the name “Appstore.”

MagicJack Service hits a "Low" in Customer Service

MEMPHIS TN(IFS)-- Just trying to dial out to a local land line number that is within the local 48 states, MagicJack wants you to purchase a prepaid for "local " telephone services.

Magic Jack - Is not free long distance calling - false advertising, support is below average - magic jack plus

Magic Jack advertises free long distance calling but that is not always the case. This is false advertising by Magic Jack. When I tried calling my Mom in Evansville, Mn I got a message something about conference call (which I was not doing) and that I need to purchase prepaid minutes. I could not call her long distance. I talked to my brother who also uses Magic Jack if he had any problems with calling my Mom and he said he did not. I contacted Magic Jack twice through chat. They say it is because the destination (my mom phone company) is charging a fee and that is why prepaid minutes need to be purchased. As I stated before my brother can call my Mom fine, so what Magic Jack is saying that it is the destination does not make sense. There customer service is below average, next to terrible, terrible is no customer service so I can't give them that. They basically say sorry that is the way it is. In fact my last chat with them they did not even give a chance to discuss any more and closed the chat. I'm going to keep Magic Jack though for the simple reason I can use my cell phone to call my Mom. The low cost I'm still saving money over using my current phone provider. My Mom can call us just fine. If you are going to use long distance of Magic Jack and is your sole source of making long distance calls I would beware. There was also a $20.00 charge to keep my current number. Magic Jack did not say that was free but I didn't see that cost listed either. It's possible it is out there and I missed it.

Magic Jack and MJ Plus - magicjack

I have just tried to make a call to a inside USA number, now, a new HIDDEN FEE to call another phone that IS NOT MAGIC JACK . I bought this so I wouldn't have to use a phone card or be commited to a monthly phone service. Now, magic jack had upped the annie with HIDDEN CHARGES. So, the $19.95 a year is now unknown. TO top it off, I just purchased a Magic Jack Plus and now it don't work. I am returning it for a exchange. I questioned it and can not get a refund.

Magic Jack is a Scam- Stay away from this company. They have had over 3500 complaints filed with the Better Business Bureau !! - magic jack plus

Magic Jack is a scam, you buy the product and they can not give you the support to get your line hooked up. When you complain about the service they tell you your account is under review.When you ask what does that mean after you bought the product, they can not give you an answer. I spent more that 6 weeks fooling with these people and when I tried to return for a refund, they said it was past 30 days and no refund. This company should not be in business and has no business ethics.They just take your money with no results.

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Ken Smith: I'm calling regular land lines or businesses and residences.  these are local USA numbers.  when did this policy change for USA numbers?

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Ken Smith: again, these are local numbers.  no conference and/or platforms numbers, whatever they are.  local business and family numbers. LOCAL!!! hello!!

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Terms of Service and Software License Agreement for magicJack, LP and YMAX Communications Corporation and magicJack VocalTec Ltd.

The magicJack and/or magicJack Plus device is brought to you by magicJack, LP, a limited partnership organized under the laws of Delaware.  The magicJack APP software, magicTalk and server access license (magicJack APP) is brought to you by magicJack VocalTec Ltd. (VocalTec).  Before you begin using the magicJack and/or magicJack Plus device, magicJack APP and the associated software (the "Software"), you must read and agree to these Terms of Service and the following terms and conditions and policies, including any future amendments (which we refer to collectively as the "Agreement").  For your convenience, we have written this Agreement in plain English.  However, you agree that the terms should be interpreted broadly to protect the intention of the Agreement.

BY CHECKING THE BOX NEXT TO "I HAVE READ AND AGREE TO THE TERMS OF SERVICE" DURING REGISTRATION, OR BY ACTUALLY USING THE SERVICES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT AND ABIDE BY THIS AGREEMENT, YOU MAY NOT USE THE MAGICJACK AND/OR MAGICJACK PLUS DEVICE, MAGICJACK APP AND/OR DOWNLOAD OR USE THE SOFTWARE.  FURTHER, YOU MAY NOT USE THE MAGICJACK AND/OR MAGICJACK PLUS DEVICE, MAGICJACK APP AND/OR DOWNLOAD OR USE THE SOFTWARE AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MAGICJACK, LP, (MAGICJACK), YMAX COMMUNICATIONS CORPORATION (YMAX) MAGICJACK VOCALTEC LTD (VOCALTEC), OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SOFTWARE OR SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE MAGICJACK AND/OR MAGICJACK PLUS DEVICE, MAGICJACK APP AND/OR DOWNLOAD OR USE THE SOFTWARE.

Although we may choose to notify you when changes are made to these Terms of Service, you should periodically review the most up-to-date version, which you can always find athttp://www.magicJack.com/tos or by clicking on the Menu button on your softphone. magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by those modifications or revisions.  Unless explicitly stated someplace else, any new features that may augment or enhance the magicJack and/or magicJack Plus device, magicJack APP and Software will also be subject to this Agreement.

This is an agreement between magicJack, LP, (magicJack), YMax Communications Corporation (YMax) magicJack VocalTec Ltd. (VocalTec) and you.  Nothing in this Agreement will be deemed to confer any rights or benefits to anyone else.

1. Description of how the magicJack and/or magicJack Plus device, magicJack APP and Software Works

The magicJack and/or magicJack Plus device, magicJack APP and Software enables a multimedia, feature rich service that will allow users access to a variety of exciting content and services. The magicJack and/or magicJack Plus device, magicJack APP and Software are flexible, simple, yet full of features and content for the Internet savvy consumer.  There are several services that are available today using these products, and many features will follow.  The number of features will continue to grow as the magicJack and/or magicJack Plus device and magicJack APP become the premium device and/or software for Internet users.  Among other things, as described fully below, the magicJack and/or magicJack Plus device and magicJack APP allows you to receive free in-bound communications from other magicJack and/or magicJack Plus device users and magicJack APP users anywhere in the world while connected to the magicJack service.  If you so choose, you may elect to use the magicJack and/or magicJack Plus device and magicJACK APP to make free out-bound communications to other magicJack and/or magicJack Plus device users and magicJack APP and other non-magicJack and/or magicJack Plus device users.

To enable your use of the magicJack and/or magicJack Plus device, or magicJack APP you must first download the magicJack Software and/or magicJack APP software.  You may download the magicJack APP from the our magicPage.  Some enhanced features also require you to purchase the magicJack and/or magicJack Plus device or magicJack APP Preferred plan. In addition, you need a computer running Microsoft® Windows (XP, Vista, 7) or Intel-based Mac® with a high speed Internet connection and, if you purchase the magicJack and/or magicJack Plus device, an available USB port.  Bear in mind that the magicJack and/or magicJack Plus device, magicJack APP and/or the Software are dependent on these requirements and the failure of one may prevent the magicJack and/or magicJack Plus device, magicJack APP and/or the Software from working.  We cannot guarantee that the magicJack and/or magicJack Plus device or magicJack APP will always function without disruptions, delay or other imperfections.  There may be power outages or Internet service disruptions and you may experience other disruptions unrelated to the magicJack and/or magicJack Plus device or magicJack APP, which will interfere with the quality of your communication.  When not plugged into the computer, the magicJack Plus device does not offer the capability to lower or raise the volume and we suggest if the user wants to adjust their volume, they do so on their telephone if available.  The user may also plug magicJack PLUS into their computer and have an added way to control their volume besides their phone.  Although once you have purchased a magicJack and/or magicJack Plus device, magicJack APP or downloaded the Software, use of the magicJack and/or magicJack Plus device, magicJack APP and/or the Software is free, you are responsible for getting the things you need to make the magicJack and/or magicJack Plus device, and/or magicJack APP work, and that may involve third-party fees (such as Internet service provider or Internet airtime charges).  You are responsible for those fees.  In addition, you must provide and are responsible for any additional equipment necessary (such as a communications adaptor or a headset), to use the magicJack and/or magicJack Plus device, magicJack APP or the Software.  The magicJack and/or magicJack Plus device, magicJack APP and Software may not be compatible with non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, or computer modems.

The goods and services offered through magicJack, LP, magicJack VocalTec Ltd. and YMax Communications Corporation provide a multimedia experience, which includes a voice over Internet information service feature.  It is not a telecommunications service and is subject to different regulatory treatment from telecommunications services.

2. Ownership and Risk of Loss of magicJack and/or magicJack Plus device

You will own the magicJack and/or magicJack Plus device, but not the Software used with the device or magicJack APP, which is licensed to you under this Agreement for a one year term, and bear all risk of loss of, theft of, casualty to or damage to the magicJack and/or magicJack Plus device, from the time it is shipped until the time (if any) when it is returned to us in accordance with this Agreement, or the warranty covering the magicJack and/or magicJack Plus device, if any, expires.  If, within 30 days of placing your order for the magicJack and/or magicJack Plus device directly from our website, you are not satisfied with your magicJack and/or magicJack Plus device you may either return it to us for a full refund of the purchase price, minus shipping and handling, or exchange it for a new device.  The full refund or exchange offer is applicable only to the purchase of your first magicJack and/or magicJack Plus device.  In order to receive a refund or exchange you must request and receive a magicJack RMA number by e-mail and the magicJack and/or magicJack Plus device must be returned in its original packaging, be accompanied by proof of purchase and you must pay the expenses of shipping.  Request your RMA herehttp://my.magicJack.com/returns.html.  You will receive your refund or your new device within a reasonable time frame from the time we receive your package; which is approximately 14 days for an exchange and 45 days for a refund. If you purchased the magicJack and/or magicJack Plus device from one of our authorized agents, please contact the distributor or retailer directly to learn about their refund policy.

3. Internet Communications Feature

a) Incoming Calls:

When you first register, as part of the available features, you may elect to choose a unique phone number, which will allow you to receive free phone calls over the Internet, an annual fee may apply.  The phone number chosen will be allocated provided we determine that it is legally permissible.  If you are eligible for a phone number, it will be allocated to you as soon as reasonably possible after we have received your request.  YMAX Communications Corporation may be the provider of your phone number and/or inbound calls.  magicJack LP, YMax Communications Corporation and/or magicJack VocalTec Ltd. may use customized ringtones or ring back when completing your calls, including supplying various messages of different lengths.  Improperly routed calls and/or with incomplete call streams may not be delivered.  We do not guarantee that a requested phone number can be allocated to you or that you can make use of the incoming call feature.  The allocation of a phone number to you does not constitute any transfer of title, ownership, license or other rights with regard to the phone number; if you transfer or port out your phone number your service is terminated and you relinquish all claims for a refund of your initial licensing period as well as any renewal licensing purchased.  We may, without any liability, refuse, change or terminate any phone number at anytime.  If we change the phone number that has been allocated to you, we will notify you, stating the effective date of the change and your new phone number.  If you do not wish to accept this new phone number, you are entitled to cancel this Agreement; however, you will not be eligible for any refund unless you terminate the Agreement within 30 days of purchase of the magicJack and/or magicJack Plus device and qualify for a refund as further described in Section 2 of this Agreement.  We will not be liable for any damages resulting from the change of the phone number.

b) Outgoing Calls:

Once you have registered your magicJack and/or magicJack Plus device, or magicJack APP, you have agreed to these Terms of Service.  You may now elect to choose the feature allowing you to make free outgoing calls over the Internet.  You can make free calls to other magicJack and/or magicJack Plus and magicJack APP device users located anywhere in the world, and to subscribers on traditional telephone networks or wireless networks in the United States.  YMAX Communications Corporation may be the provider of outbound calling services to subscribers on traditional telephone or wireless networks in the United States, for toll free calls, and/or for international calls.  magicJack LP, YMax Communications Corporation and/or magicJack VocalTec Ltd. may supply various messages of different lengths before your call is completed.  Some restrictions in cost prohibitive areas may apply.  You will not have the ability to call any number that would require the addition of any charges to your phone bill, such as 900 or 976 numbers or any other "fee per call" type service.  Calls of long duration may be terminated to make sure the integrity of the network is kept intact, which would prevent abandoned calls.

4. What Is Free and What is Not:

The magicJack and/or magicJack Plus device or magicJack APP allows you to receive for free incoming calls using the phone number you have chosen.  If you choose outgoing service, the magicJack and/or magicJack Plus device or magicJack APP allows you to make free outgoing calls to other magicJack/magicJack Plus/magicJack APP device users located anywhere in the world, and to subscribers on traditional telephone networks or cellular networks in the United States.  We may require prepaid purchase and/or we may charge you for calls to conference lines, platforms and certain non-ILEC area calls, or any call wherein we incur a cost from another carrier. We may provide for a fee, premium prepaid services, which may be powered by YMAX Communications Corp. (YMAX), and may include some inbound, international, conference, platform and outbound calls that receive a recording and certain calls to non-ILEC areas, and the rates for those services will be governed by listed price lists or tariffs.  Charges may apply to use the call forwarding feature, if available.  International calling purchases expire six months after purchase.  magicJack, YMAX Communications Corp. (YMAX), and/or Vocal Tec may make available to you, for an additional fee, enhanced versions of the magicJack and/or magicJack Plus device or magicJack APP Software (Upgraded Software) that provide new features and functions.  magicJack APP has a Basic plan which is free and a Preferred plan which is not. magicJack APP Basic provides you with a software license that enables calls to other magicJack and magicJack APP users around the world while magicJack APP Preferred, which is available for some downloaded products, also provides you with a server access license which enables you to make calls as well to landline and cell phone users in the United States and Canada.

5. Emergency calls

Please read carefully and understand the difference between magicJack and/or magicJack Plus device, and magicJack APP.

magicJack APP does not provide any emergency calling capability.

magicJack APP - No Emergency Calls.  magicJack APP does NOT support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind.  magicJack APP is not a traditional telephone service or a replacement for your primary telephone service.  There are important differences between traditional telephone services and the magicJack APP Software and products.  You need to make additional arrangements in order to access emergency services.  It is your responsibility to purchase, elsewhere, traditional wireless or fixed line telephone services that offer access to emergency services.  It is Your responsibility to inform all users that may use the magicJack APP software that you have downloaded, that it is not possible to support or carry emergency calls using the magicJack APP Software and products, and that they may access emergency services via the additional arrangements that You have made available.

magicJack and/or magicJack Plus device - The services are not traditional telephone services, so we are not required to provide you with access to emergency 911, E911, or similar access to emergency services.  However, when you register to use the magicJack and/or magicJack Plus device, you will be enrolled in the voluntary 911 service, if you register a United States 911 service address for United States telephone numbers and/or a Canadian 911 service address for Canadian telephone numbers.  magicJack, LP, will take commercially reasonable steps to provide you with emergency service calling only for those registered 911 addresses.  This requires your cooperation.  Initially, we will use the address you give us when you register the magicJack and/or magicJack Plus device to establish your 911 Address.  You must update this address whenever you change the location from which you place your calls.  You agree that each and every time you change the physical location of where you are using the magicJack and/or magicJack Plus device, you will update the Emergency Services record at http://my.magicJack.com and provide the new address where you are using the magicJack and/or magicJack Plus device.  If you fail to do so, the free, voluntary 911 Service will not work.

You understand and agree that the 911 emergency dialing feature is provided to you as a convenience.  In the event you choose to use the same phone number for two or more magicJack and/or magicJack Plus devices, you will not have 911 emergency dialing on any magicJack other then the first one registered with the phone number. magicJack, LP, YMAX Communications Corporation, and/or magicJack VocalTec Ltd. will not be liable for any damages resulting from any call made using the emergency dialing feature.  You understand that the voluntary 911 service will not work in certain circumstances, including, but not limited to: when you relocate your computer or magicJack and/or magicJack Plus device to a new physical location different than the one you registered with us; if you experience broadband connection failure; if you experience loss of electrical power at your location; if delays occur in the system making updates of your registered physical location.  You assume the risk that you may not obtain emergency service when you use the 911 emergency dialing feature.  You should always have an alternative means of accessing 911 or similar emergency services such as a landline telephone.  It is your responsibility to inform others who use your magicJack and/or magicJack Plus device to make phone calls that they should be prepared to access the 911 emergency numbers through a traditional landline or mobile phone.

6. Proper Use

You agree that you are responsible for your own communications and for any consequences that arise from them.  You agree that you will use the magicJack and/or magicJack Plus device and magicJack APP in compliance with all applicable local, state, national, and international laws, rules and regulations.  Among other things you will not agree to, and will not authorize or encourage any third party to: (a) prevent others from using their magicJack and/or magicJack Plus devices, and/or magicJack APP (b) use the magicJack and/or magicJack Plus device or magicJack APP for any fraudulent or inappropriate purpose, or (c) remove any copyright, trademark or other proprietary rights notices contained in or on the magicJack and/or magicJack Plus device and/or magicJack APP, including those of any of our business associates, from whom we may have licensed certain components used in the magicJack and/or magicJack Plus device and or magicJack APP. Violation of any of these obligations may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.  magicJack, LP and/or VocalTec reserves the right, but will have no obligation, to investigate your use of the magicJack and/or magicJack Plus device and/or magicJack APP in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request.  magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation reserves the right to block calls to numbers that abuse its services such as, but not limited to, traffic stimulation numbers.  If magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation sees excessive use, including but not limited to, a customer whose usage is twenty (20) times more than the average magicJack and/or magicJack Plus device or magicJack APP customer usage, or a customer who calls more than 50 different telephone numbers per day, or a customer who forwards calls from their magicJack and/or magicJack PLUS device and/or magicJack APP to a non-magicJack number for longer than a two week consecutive period, or systematic or intentional misuse, it reserves the right, in our sole discretion, to terminate your use of the magicJack and/or magicJack Plus device and/or Software and/or magicJack APP immediately, and you will not be entitled to get a refund of any licensing fee or any other fee you may have paid to us. We reserve the right to reclaim any telephone number that does not make a call for a consecutive 90 days.  In the event that we reclaim a phone number and your software license is still active, you may choose another phone number.

7. No Resale

Unless expressly authorized in writing by magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes any portion of the magicJack and/or magicJack Plus device, magicJack APP or the Software.

8. License

magicJack, LP grants you a personal, non-transferable and non-exclusive right and license to use the magicJack and/or magicJack Plus device and Software on your computer and magicJack VocalTec Ltd. grants you a personal, non-transferable and non-exclusive right and license to use magicJack APP and Software on your computer; provided that you do not (and do not allow anyone else to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of the magicJack and/or magicJack Plus device, Software and magicJack APP. The initial term of this license is for one year and may be renewed upon the one-year anniversary of your magicJack and/or magicJack Plus device, magicJack APP and/or Software order or purchase (for an additional fee) for additional terms.  You must start your one-year free service within one month of buying the product.  If you do not renew your license within sixty days of expiration, we may revoke the phone number, at our sole discretion, and your magicJack and/or magicJack Plus device may be deemed obsolete or non-renewable.  You agree not to modify the Software or magicJack APP in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the magicJack and/or magicJack Plus device or magicJack APP.  You agree not to access the magicJack and/or magicJack Plus device and/or YMAX Communications Corporation services or magicJack APP by any means other than through the Software and the magicJack and/or magicJack Plus device and/or magicJack APP.*

9. Payment

Use of the magicJack and/or magicJack Plus device and/or magicJack APP is free.  Your purchase of the magicJack and/or magicJack Plus device or download of magicJack APP and registration of the magicJack and/or magicJack Plus device and/or magicJack APP gives you a license to use the magicJack and/or magicJack Plus device and the Software and/or magicJack APP for one year.  To continue using the magicJack and/or magicJack Plus device and the Software and/or magicJack APP after the end of the initial one-year term, you must renew your Software access license for additional one-year terms at magicJack, LP or magicJack VocalTec Ltd.'s (if you have chosen a magicJack APP Premium plan or any plan that requires payment) then applicable license fee.  Failure to renew your registration after the end of the initial term or any renewal term and/or notification of a dispute for prior charges, may result in immediate termination of your license and access to any magicJack, magicJack APP or YMax feature, subject to magicJack, LP or magicJack Vocaltec Ltd's sole discretion.  If you are terminated, you may not be able to use the magicJack and/or magicJack Plus device or magicJack APP premium features and your right to use any phone number allocated to you will be canceled.  Furthermore, if you delay registration and renew your registration after the expiration of your license, but before sixty days after expiration, your new term will begin as of the expiration date and will continue only up to the anniversary of that expiration date.  If you delay registration and renew after sixty days, your new term will begin on date of registration and you may not have access to any phone number you had previously.  For your convenience, magicJack, LP has an auto-renewal program.  The form of payment you have on file may be automatically charged for the prevailing renewal fee.  We may receive and/or request automatic updates of your account information from the financial institution that issued your form of payment on file in order to keep your payment information current.

You can elect to disable this auto renew feature at any time by going tohttp://my.magicJack.com.  magicJack, LP offers a thirty-day refund for the magicJack and/or magicJack Plus device.

You agree to be responsible for any applicable taxes, fees, or charges, now in force or enacted in the future in connection with the license and your use of the magicJack and/or magicJack Plus device, magicJack APP and YMax services.

10. Privacy Policy

Your registration data and certain other information about you are subject to our TOS.  You understand that by using the magicJack and/or magicJack Plus device and/ or magicJack APP you consent to magicJack, LP and magicJack VocalTec Ltd.'s, and YMax Communications Corporation collection and use as set forth in the Terms of Service, including the transfer of this information to and from the United States and/or other countries for storage, processing and use by magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation, its affiliates and business partners to provide information about communications-related service and may enable and make better use of certain products and services.

You acknowledge, consent and agree that magicJack LP, magicJack VocalTec Ltd. and/or YMax Communications Corporation may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of magicJack, magicJack APP its users and the public.

You understand that the technical processing and transmission of the magicJack and/or magicJack Plus device and magicJack APP may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

11. Advertisements

You also understand and agree that use of the magicJack and/or magicJack Plus device, magicJack APP and Software will include advertisements.  Advertisements will be served through the magicPage™ Software or the magicJack/magicJack Plus or magicJack APP softphone - the software/softphone attempts to serve local advertisements and classifieds using a completely automated process that enables us to effectively target dynamically changing content.  Our computers may analyze the phone numbers you call and your registration information in order to improve the relevance of the ads.  We do not provide any personal information to our advertisers or third parties.  magicJack VocalTec Ltd. and its subsidiaries have  a policy of restricting advertisers that it believes are inappropriate, but it does not guarantee the accuracy or integrity of any advertisers and does not endorse any of the advertisements that may appear in connection with use of the magicJack and/or magicJack Plus device or magicJack APP.  You also understand and agree that use of the magicJack and/or magicJack Plus device, magicJack APP and Software may include certain communications, including but not limited to service announcements, administrative messages and newsletters, and you will not be able to opt out of receiving them.

12. Indemnification

You agree to hold harmless and indemnify magicJack VocalTec Ltd. and their subsidiaries, affiliates, officers, agents, employees, partners and licensors, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating in any way to, your use of the magicJack and/or magicJack Plus device and/or YMax services and/ or magicJack APP (including but not limited to the cancellation, absence, failure or outage of the magicJack and/or magicJack Plus device and/or magicJack APP, including specifically any claims arising out of the failure to complete emergency service calls). In such a case, magicJack, LP and/or magicJack VocalTec Ltd., and/or YMax Communications Corporation will provide you with written notice of such claim, suit or action.

13. Modification

magicJack, LP and/or magicJack VocalTec, Ltd. reserve the right to modify or discontinue the magicJack and/or magicJack Plus device, magicJack APP and Software, temporarily or permanently, with or without notice to you.  YMax reserves the right to modify or discontinue its services, temporarily or permanently, with or without notice to you.  We will not be liable to you or anyone else in the event that we exercise our right to modify or discontinue the magicJack and/or magicJack Plus device, magicJack APP or Software and/or YMax services.

14. Termination

You agree that magicJack, LP and/or YMax Communications and/or magicJack VocalTec Ltd., in its sole discretion, may immediately terminate this Agreement and your license to use the magicJack and/or magicJack Plus device, magicJack APP and Software and/or YMax services, without any refund.  magicJack, LP and/or YMax, and/or magicJack VocalTec Ltd. may terminate this Agreement for any reason, including, but not limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) use of the magicJack and/or magicJack Plus device, magicJack APP or Software or YMax services in violation of any laws, regulations, or rules, or in any manner that disrupts use of YMax services or the magicJack and/or magicJack Plus device, magicJack APP or Software by others, or (e) nonpayment of any fees, including license renewal fees, owed by you in connection with the magicJack Software or magicJack APP, (f) changes in any rules or regulations that affect our ability to provide the magicJack and/or magicJack Plus device, magicJack APP or the Software or YMax services. Termination of your license includes cancellation of your ability to use the magicJack and/or magicJack Plus device, magicJack APP and the Software, without refund and deletion of all related account information associated with or inside your account.  Further, you agree that any termination of this Agreement will be made in magicJack LP's and/or YMax Communication Corporation's and/or magicJack VocalTec Ltd.'s sole discretion and that neither magicJack, LP nor YMax Communications Corporations nor magicJack VocalTec, Ltd. nor any of its agents or affiliates will be liable to you or anybody else for termination of your license or this Agreement.  We may offer Vanity, Canadian and/or custom numbers for an annual fee.  These numbers are non transferable.  We have the right to revoke your usage of the phone number assigned to you at any time and for any reason.  If a number is transferred, the magicJack and/or magicJack Plus license or Premium magicJack APP license will be terminated.

You may terminate the use of the magicJack and/or magicJack Plus device or magicJack APP at any time.  Remaining balances will not be refunded.

All provisions that must survive in order to give effect to their meaning will survive any expiration or termination of this Agreement, including without limitation, all of your representations, warranties and indemnification obligations.

15. Intellectual Property Rights

You acknowledge and agree that the magicJack and/or magicJack Plus device, magicJack APP, and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service, or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  Except as expressly authorized by magicJack, LP, or magicJack VocalTec, Ltd. or advertisers, you agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the magicJack and/or magicJack Plus device, magicJack APP or the Software, in whole or in part.

16. No Warranties

YMax services and magicJack APP and the magicJack and/or magicJack Plus device and software are provided "as is", without any warranties of any kind, whether expressed or implied, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose.

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty regarding the optional free 911 emergency dialing feature provided on the magicJack and/or magicJack Plus device. All calls made using the 911 emergency dialing feature are made at the caller's risk.

There are no available emergency calling features through magicJack APP.

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty as to the completion, clarity, or overall quality of any particular call made using the service. magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty that any errors in the software will be corrected.

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. make no warranty about the quality of any products, services, information, or that other material purchased or obtained by you through the service will meet your expectations. Any content downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

No advice or information, whether oral or written, obtained by you from magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. or through or from the service shall create any warranty not expressly stated in this agreement.

17. Limitation of Liability

magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd can only be held liable for direct damages resulting from failure to perform its obligations under this Agreement.  In this respect, direct damages means the amount you actually paid for the magicJack and/or magicJack Plus device, magicJack APP and Software license during the year in which such damages occur.  To the maximum extent permitted by applicable law, magicJack, LP and/or YMax Communications Corporation and/or magicJack VocalTec Ltd. will not be liable for any indirect, special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy, or divulgence of sensitive and confidential information arising out of or in any way related to the use of or inability to use the magicJack and/or magicJack Plus device, magicJack APP or Software or Live Agent (Tech Chat), even if magicJack has been advised of the possibility of such damages.

Some jurisdictions do not allow some of the exclusions or limitations as established above, so they may not apply to you.  In that event, the liability will be limited as far as legally possible under the applicable legislation.

18. Export/Import

You agree to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import the magicJack and/or magicJack Plus device, magicJack APP or Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations.  Neither the magicJack and/or magicJack Plus device, magicJack APP or the Software, nor the underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to U.S. trade sanctions applicable to the magicJack and/or magicJack Plus device, magicJack APP or Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the United States Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and/or the United States Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. You acknowledge that the Software contains encryption technology, the export of which is restricted by the United States and certain foreign laws.  By downloading magicJack APP or the Software or using the magicJack and/or magicJack Plus device, you agree to this section and represent and warrant that you comply with these conditions.

19. Automatic Updates

The magicJack and/or magicJack Plus device, magicJack APP and/or Software may communicate with magicJack's, YMax's, and VocalTec's servers to check for available updates to the Software and/or magicPage™, and/or magicJack APP including bug fixes, patches, missing plug-ins and new versions (collectively, "Updates"), however magicJack, YMax and VocalTec have no obligation to provide you with such Updates and we do so solely at our option.  Updates do not include access to the Upgraded Software described in Section 5 above.  To ensure that you have the most recent updates for the Software you should periodically visit http://www.magicJack.com to check for updates.  magicJack, YMax and VocalTec may send and access the magicJack and/or magicJack Plus or magicJack APP cookies on your computer.  A "cookie" is a small file containing information about you that is sent to your computer when you visit a website.  When you visit the website again, the cookie allows that site to recognize such things as your browser, user preferences and other information to optimize the performance of the magicJack, magicJack Plus and/or magicJack APP.  During the Update process, the Software may send to magicJack, YMax and VocalTec or its partners a request for the latest Software version.  By installing the magicJack and/or magicJack Plus device and/or magicJack APP Software, you hereby agree to allow magicJack, YMax and VocalTec the option to automatically provide Updates from magicJack, YMax and VocalTec and/or its partners' servers.

20. Representations and Warranties

You represent and warrant that (a) all of the information provided by you to magicJack, YMax and VocalTec to use the magicJack and/or magicJack Plus device, magicJack APP and Software is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you are at least 18-years-old.

21. Entire Agreement

This Agreement is the entire agreement between you and magicJack and YMax and VocalTec and governs your use of the magicJack and/or magicJack Plus device, magicJack APP and Software and items and/or services which may be provided by YMax, it trumps any prior agreements between you and magicJack and/or  VocalTec and/or YMax.  You also may be subject to additional terms and conditions that may apply when you use or purchase certain other magicJack, magicJack Plus or magicJack APP services, affiliate services, third-party content or third-party software.

22. Waiver and Severability of Terms

Even if magicJack and/or YMax and/or VocalTec do not exercise or enforce any or all of its rights or any provision of this Agreement it does not mean that we waive the right or provision, and we may still enforce those rights and provisions later.  If any provision of this Agreement is found by any court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

23. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the magicJack and/or magicJack Plus device, magicJack APP or Software or services of this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

24. Mandatory Binding Arbitration; Forum

magicJack, YMAX, VocalTec, and you agree to arbitrate all disputes and claims between us.  You agree that, by entering into this Agreement, you and magicJack, YMAX, and VocalTec are each waiving the right to a trial by jury or to participate in a class action.  The arbitration shall be administered in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, as modified by this Agreement.  Any matter to be settled by arbitration shall be submitted to the American Arbitration Association in Palm Beach, Florida, and you consent to binding arbitration in Palm Beach, Florida.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  The individual party may recover damages and attorneys. fees, if authorized by the law governing his claim, to the same extent the individual party would be entitled to recover in court.

YOU AND MAGICJACK, YMAX, AND VOCALTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless all parties to the arbitration agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

This agreement to arbitrate is intended to be broadly interpreted and shall survive termination of this Agreement.

25. Five-Year Warranty or Two-Year Warranty

magicJack may (but shall not be required to), offer for purchase, from time to time, a Five-Year Warranty or a Two-Year Warranty for the magicJack.  This Five-Year Warranty or a Two-Year Warranty is limited and warrants that for a period of five (5) or two (2) years respectively from the purchase of the magicJack and/or magicJack Plus, the magicJack or magicJack Plus Hardware shall be free of defects in material and workmanship under normal authorized use consistent with the product instructions.  This product warranty extends only to the original purchaser.  In the event that magicJack receives notice during the warranty period that any Hardware does not conform to its warranty, Customer's sole and exclusive remedy, and magicJack's sole and exclusive liability, shall be for magicJack, at its sole option, to either repair or replace the non-conforming Hardware or refund the purchase price in accordance with this limited warranty.  Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of magicJack.  Actual delivery times may vary depending on the customer location.  As a condition precedent to the Five year Warranty or the Two-Year Warranty, the end user must: 1.  Obtain a return material authorization (RMA), which will include an RMA number (available at the magicJack website).  Returns without an RMA number may be rejected by magicJack.  2. Ship the items being returned to magicJack, freight prepaid, together with a written description of the claimed defect.  3. Pack the items being returned in the original packing carton and with the original proof of purchase.  4. Pay for shipping and handling fees for the shipping of the replacement magicJack and/or magicJack Plus.

26. Insurance Plan

magicJack may (but shall not be required to), offer for purchase, from time to time, a Replacement Insurance plan for the magicJack and/or magicJack Plus.  This Replacement Insurance plan is limited and insures your originally purchased magicJack or magicJack Plus for one full year from date of purchase and will auto-renew one day before the anniversary of its initial purchase.  This product warranty extends only to the original purchaser.  In the event that magicJack receives notice during the insurance period that any Hardware does not conform to its warranty, Customer's sole and exclusive remedy, and magicJack's sole and exclusive liability, shall be for magicJack, at its sole option, to either repair or replace the Hardware or refund the purchase price in accordance with this limited warranty.  Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of magicJack.  Actual delivery times may vary depending on the customer location.  As a condition precedent to the One Year Replacement Insurance plan, the end user must: 1.  Obtain a return material authorization (RMA), which will include an RMA number (available at the magicJack website).  Returns without an RMA number may be rejected by magicJack.  2. Ship the items being returned to magicJack, freight prepaid, together with a written description of the reason for replacement request.  3. Pack the items being returned in the original packing carton and with the original proof of purchase.  4. Pay for shipping and handling fees for the shipping of the replacement magicJack.

27. Lifetime Warranty

magicJack may (but shall not be required to), offer for purchase, from time to time, a Lifetime Warranty for the magicJack and/or magicJack Plus.  This Lifetime Warranty is limited and insures your originally purchased magicJack or magicJack Plus.  This product warranty extends only to the original purchaser and only if the device subscription is active.  In the event that magicJack receives notice that any Hardware does not conform to its warranty, Customer's sole and exclusive remedy, and magicJack's sole and exclusive liability, shall be for magicJack, at its sole option, to either repair or replace the Hardware or refund the purchase price in accordance with this limited warranty.  Hardware replaced under the terms of any such warranty may be refurbished or new equipment substituted at the option of magicJack.  Actual delivery times may vary depending on the customer location.  As a condition precedent to the One Year Replacement Insurance plan, the end user must:  1. Obtain a return material authorization (RMA), which will include an RMA number (available at the magicJack website).  Returns without an RMA number may be rejected by magicJack.  2. Ship the items being returned to magicJack, freight prepaid, together with a written description of the reason for replacement request.  3. Pack the items being returned in the original packing carton and with the original proof of purchase.  4. Pay for shipping and handling fees for the shipping of the replacement magicJack.

Dory: We may require prepaid purchase and/or we may charge you for calls to conference lines, platforms and certain non-ILEC area calls, or any call wherein we incur a cost from another carrier. We may provide for a fee, premium prepaid services, which may be powered by YMAX Communications Corp. (YMAX), and may include some inbound, international, conference, platform and outbound calls that receive a recording and certain calls to non-ILEC areas, and the rates for those services will be governed by listed price lists or tariffs.

Dory: I believe I have provided all the necessary information that you need. I will end this chat now. If you have any other concern, please don't hesitate to chat us back. Thank you.

Since we haven't heard from you, we must release this chat. Please click here should you need further assistance: www.magicJack.com/techchat