Terms of Service
(last updated September 12, 2007)
This web site contains the rates, terms and conditions for RingYard’s state-to-state and international long distance services. It includes the services to consumers, and provides the specific rates, terms and conditions. This web site will be continuously updated to maintain a current record of RingYard’s long distance services.

1. Effective 12/1/06, these terms and conditions are subject to and part of the RingYard Services Agreement.

2. You agree to prepay for all charges incurred with the RingYard calling service and to comply with the other terms set forth here.

3. Your RingYard service is not transferable. You may authorize others to use your account, but the responsibility of payment for the charges incurred remains yours.  You have the option to terminate your account at any time, once an account is cancelled, it is blocked and permanently cancelled, by our network, however you have the option of paying an override reconnection fee of $89.00 to re-activate a blocked number. Re-activation usually takes 24-48 hours.

4. Charges for services, which will not vary depending upon where and how you call, will be rated and charged in U.S. dollars and effective tariffs. Charges by your existing cellular service may apply.

5. The rates and charges applicable to RingYard calls are available to you upon request after you have completed a call.

5b. Effective November 1, 2007 a 99 cents USD per month RingYard membership charge will be assessed.

6. For a state-to-state and long distance to Jamaica only calls using the RingYard service your rate is 19.9¢ per minute.

7. You must notify RingYard of any address changes by keeping your online account updated.

8. RingYard will attempt to provide such services as described in its marketing material, but does not warrant such services to be error free or fit for any particular purpose.

9. You may not use RingYard services for any unlawful purpose, and you are responsible for and will hold RingYard harmless against the consequences of unlawful use or any slander, libel or other actionable content in any message.

10. The liability of RingYard, or any of its employees, agents or cooperating service provider(s), arising from any misdelivery, non-delivery or any other errors or omissions in the provision of such services is limited to an amount equal to the charge for any such service(s).

11. The registration of RingYard accounts is subject to limited availability. RingYard reserves the right to refuse to issue certain card names. Other terms and conditions apply.

12. Your account may be subject to a maximum monthly usage limit.

13. If RingYard suspects fraudulent, abusive or illegal use of your services, RingYard may, among other things, suspend, restrict or terminate your account without notice.

14. RingYard reserves the right to deactivate or terminate your account without further notice OR if your account remains inactive for a period of at least 24 months. 

15. Price Changes. We may change the prices and charges for the Services from time to time. Except as otherwise may be provided below or by any applicable state laws and/or requirements, the following provisions shall apply for price changes. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than fifteen days after we post them on our Web site at www.ringyard.com. Increases to charges that recover our costs associated with government programs are effective no sooner than three days after we post the increases on our Web site. We will provide further notices of increases to the prices and charges.

16. Failure to Pay. Upon advance notice, we may suspend, restrict, or cancel the RingYard account and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges. If the state where you receive the Services has different laws and/or requirements relating to notice and disconnection of service, the state-specific requirements will apply.

17. INDEMNIFICATION. YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

18. LIMITATIONS OF LIABILITY. NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF ANY, FOR OUR WILLFUL OR INTENTIONAL MISCONDUCT. IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF AT&T's WILLFUL OR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED. WE WILL NOT BE LIABLE FOR ANY DAMAGES — AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD — IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

19. WARRANTIES. EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, RINGYARD EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

20. MISCELLANEOUS. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Acts Beyond Our Control. Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent. Notices. Except as otherwise may be provided under any applicable state laws and/or requirements, notices from you to RingYard must be provided as specified in this Agreement. Notice from you to RingYard made by calling RingYard is effective as of the date that our records show that we received your call. RingYard's notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you. Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. Governing Law. This Agreement is governed by the Federal Communications Act to the full extent applicable, and otherwise by the law of the State of Georgia, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

21. Entire Agreement. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain.

22. STATE LAW. You may have certain rights under the laws of the state in which you receive the Services. To the extent applicable state laws do not permit this Agreement to supersede such rights, those rights will govern the Services you receive.