Membership Agreement

Acknowledgment & Acceptance

By enrolling and/or using the PhoneHog.com Program ("PhoneHog.comŽ"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in PhoneHog.comŽ shall conform to its terms and conditions.

PhoneHog.comŽ is owned and operated by Gulfstream Internet, Inc. ("Gulfstream").

PhoneHog.comŽ members ("Members") may earn pre-paid calling minutes (“Minutes”) for enrolling in PhoneHog.comŽ; taking advantage of Minutes-earning opportunities on the PhoneHog.comŽ and other third party web sites; referring new Members to PhoneHog.comŽ; responding to offers from participating advertisers and partners via email; and complying with the terms of other offers or programs from PhoneHog.com.com or other companies. By enrolling in and/or using PhoneHog.comŽ, you are expressly agreeing to opt-in and you are agreeing that you wish to receive emails from PhoneHog.comŽ and its advertisers and partners.

Gulfstream reserves the right to send Members messages from time to time for which they will not be rewarded. Such messages may include PhoneHog.comŽ system updates; flash bulletins; order confirmations; administrative announcements; special requests and so on—and may be sent via email or regular mail.

Gulfstream is under no obligation to provide Members with any particular number of Minutes-earning opportunities or send messages to them.

Gulfstream reserves the right to limit PhoneHog.comŽ enrollment at any time.

PhoneHog.comŽ Privacy Promise

Gulfstream promises to maintain the privacy of members' personal information. The full extent of our commitment can be found by visiting Privacy Policy.

Terms of Participation

Only individuals 16 years or older and residing in the United States, Canada, Puerto Rico or the U.S. Virgin Islands may enroll in PhoneHog.comŽ and become Members.

Corporations or other business entities are not eligible to become Members.

PhoneHog.comŽ membership and its right to use is limited to one individual per PhoneHog.comŽ account.

PhoneHog.com.com allows only one email address per Member and each individual may have only one PhoneHog.comŽ account.

Member agrees to provide only true and accurate information to PhoneHog.comŽ (including to its advertisers and partners) at all times.

Member agrees to comply with the terms of all PhoneHog.comŽ and PhoneHog.comŽ advertiser and partner offers, promotions, and programs at all times.

Member agrees not to abuse PhoneHog.comŽ privileges by conduct which is detrimental to the interests of Gulfstream, including without limitation attempting to accrue Minutes or use Minutes in a manner inconsistent with the rules of PhoneHog.comŽ or intent of this Agreement, having multiple accounts, attempting to earn Minutes through other than legitimate channels, attempting to take advantage of a particular Minutes-earning opportunity more than once, participating in purchasing or redemption fraud, sending unsolicited email ("SPAM") through PhoneHog.comŽ or tampering with PhoneHog.comŽ award links, etc.

Gulfstream reserves the right to terminate or disable, at Gulfstream’s sole discretion, any PhoneHog.comŽ membership if Gulfstream believes such Member has violated or acted inconsistently with the rules of PhoneHog.comŽ or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem, use and/or earn Minutes. Member understands and agrees termination of membership will result in the cancellation of all of Member's Minutes.

Gulfstream shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Minutes) shall be final and binding.

Minutes may be used only for telephone calls as offered through PhoneHog.comŽ. Minutes have no cash value. Minutes will be subtracted from Member's account once telephone calls are made. Minutes are decremented from Member’s account in 60-second increments (one Minute is decremented for each one minute, or portion thereof, of calling time used). One Minute is decremented for each one minute of calling time for interstate calls originating in the continental United States. Additional Minutes shall be decremented for calls originating from a payphone. This rate is currently twenty (20) Minutes, but is subject to change if and when the Federal Communications Commission changes its regulations. Additional Minutes shall also be decremented from Member’s account for calls terminating internationally (outside of the United States, Puerto Rico or the U.S. Virgin Islands), calls to directory assistance, U.S. intrastate calls (calls within the same state) and for calls originating from Canada, Alaska or Hawaii. For more information, review the Calling Rates Chart. Once used, Minutes will not be reinstated to Member's account.

In conjunction with using Minutes for telephone calls, Member agrees to confirm that all information in Member's personal profile is up-to-date and accurate.

Member agrees to promptly notify PhoneHog.com.com of any change in Member's address (mail or email) or personal profile by sending an email to Member Support.

Member's discontinued participation in PhoneHog.comŽ or failure to notify Gulfstream of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unused Minutes.

Gulfstream reserves the right to cancel or disable any membership if that Member has been inactive for a period of 12 consecutive months. "Inactive" shall be defined as lack of one of the following: Click through on any Minutes-earning opportunity; email response; survey completion; profile update; or completion of any Minute-earning transaction.

Gulfstream reserves the right to limit the opportunities to earn Minutes available to Member while Member remains inactive.
Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in PhoneHog.comŽ if and to the extent that such participation is permitted by such laws, rules, and regulations. Gulfstream refuses to enroll Member, and may restrict, modify, or terminate Member's participation in PhoneHog.comŽ, without liability to Gulfstream or any other party, if Member violates any law, rule, or regulation, or if Member's participation in PhoneHog.comŽ could violate any law, rule, or regulation.

Disclaimer of Warranties

Member expressly agrees that use of PhoneHog.comŽ is at the Member's sole risk.

PhoneHog.comŽ and all services offered therein are provided on a strictly "as is" and "as available" basis. GULFSTREAM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH PHONEHOG.COMŽ OR THROUGH PHONEHOG.COMŽ ADVERTISERS OR PARTNERS; THAT PHONEHOG.COMŽ WILL MEET MEMBERS' REQUIREMENTS; OR THAT PHONEHOG.COMŽ WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES GULFSTREAM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PHONEHOG.COMŽ OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH PHONEHOG.COMŽ.

Gulfstream expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gulfstream shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by PhoneHog.comŽ advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from Gulfstream or through PhoneHog.comŽ shall create any warranty not expressly made herein.

Limitation of Liability

GULFSTREAM SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN PHONEHOG.COMŽ. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Gulfstream is not responsible for damages or losses that result from participating or inability to participate in PhoneHog.comŽ, or reliance on or use of information, services, or merchandise provided on or through PhoneHog.comŽ.

Member acknowledges and agrees that Gulfstream neither endorses the contents of advertisements or third parties' web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.

Gulfstream is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Minutes.

In no event shall Gulfstream's liability, either jointly or severally, exceed $100.

Participation in Promotions of Advertisers and Partners

Member's correspondence with or participation in promotions of PhoneHog.comŽ advertisers and partners are solely between corresponding Member and the advertiser or partner. Gulfstream assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.

Member understands that, in some cases, there may be delay in the crediting of Minutes for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to Gulfstream for such crediting of Minutes. Gulfstream will not be responsible or liable for the delay or failure to credit Minutes in such event.

Third Party Services

To enhance the value of the PhoneHog.comŽ service to its Members, Gulfstream may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation.

Such third parties shall be STRICTLY bound by the terms set forth in the PhoneHog.comŽ Privacy Policy.

Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.

Termination

AT ANY TIME EITHER MEMBER OR GULFSTREAM MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED MINUTES SHALL BE CANCELLED.

Termination of Member's membership by Member is effective upon Member submitting a termination request using the unsubscribe page. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Minutes after termination.

Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with PhoneHog.comŽ, Member's only recourse is to immediately discontinue participation in PhoneHog.comŽ and properly terminate his or her membership. (See paragraph above.)

Gulfstream reserves the right to terminate the membership of any Member who appears to be using PhoneHog.comŽ in a manner inconsistent with this Agreement, the intent of this Agreement, or any PhoneHog.comŽ rules.

Non-Transferability

Member's right to use PhoneHog.comŽ is non-transferable. Minutes are non-transferable and are void if transferred. Member's membership will terminate immediately in the event of Member's death. Minutes and/or rewards may not be bartered or sold. PhoneHog.comŽ accounts and Minutes are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

Proprietary Rights to Content

Member acknowledges that PhoneHog.comŽ content (including but not limited to text, sound, photographs, graphics, or other material contained in any PhoneHog.comŽ communication, advertisements, or messages, whether by Gulfstream or Gulfstream's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by Gulfstream, its advertisers and partners, as the case may be.

Member agrees not to forward any PhoneHog.comŽ offers or promotions to others without first obtaining the express written permission of PhoneHog.com.com; PhoneHog.comŽ offers are specific to Member's membership unless otherwise stated.

Modifications

Gulfstream reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located on the PhoneHog.comŽ Web site in the Membership Agreement section.

Member's non-termination or continued use of PhoneHog.comŽ constitutes an affirmative acknowledgment by Member of any modification to the Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the terms of the Agreement, Member may terminate Member's membership.

Gulfstream reserves the right to modify or discontinue the PhoneHog.comŽ service with or without notice to Member.

Gulfstream shall not be liable to Member or any third party should Gulfstream exercise its right to modify or discontinue the PhoneHog.comŽ service.

Notices

All notices given by Gulfstream to you will be given by email, regular mail or by general posting on the PhoneHog.comŽ Web site.

Indemnification

Member agrees to indemnify and hold Gulfstream, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of PhoneHog.comŽ or violation of this Agreement.

Laws

Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Boca Raton, Florida, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

This contract shall be governed by the law of the State of Florida, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.

Member and Gulfstream agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

This Agreement constitutes the complete and exclusive understanding between Gulfstream and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Gulfstream's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gulfstream in writing.

PRIVACY POLICY

Safeguarding your privacy is our number one mission. The Privacy Policy is your assurance that we will do just that.

Here is our commitment to you:

We will only release your personal information to another party when you've given us your express permission.

We follow rigorous security protocols within our company to safeguard any personal information you share with us.

The PhoneHog.comŽ web servers use cookies to accurately credit your account with the free Minutes you earn. Cookies are also used to automatically fill in your email address when you log in and to enable you to easily navigate through the PhoneHog.comŽ site without re-entering your login information.

If you choose to enter a sweepstakes presented by PhoneHog.comŽ, you may receive additional opportunities from us and our advertisers by regular mail.

The PhoneHog.comŽ Program and web site are owned and operated by:

Gulfstream Internet, Inc.
945 Clint Moore Road
Boca Raton, FL 33487

We welcome questions and comments about our Privacy Promise. If you want to contact us, please Click Here.