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at skype , we want all of our customers to get the best calling plans , known as ` subscriptions ' , at the lowest possible price .
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this fair usage policy -lrb- `` fup '' -rrb- is designed to prevent fraud and abuse of our subscriptions by a small number of users .
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subject to this fup , skype 's unlimited subscriptions allow unlimited calls to landlines in the applicable subscription countries -lrb- excluding special , premium , service and non-geographic numbers -rrb- .
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unlimited calls to mobiles may also be included where stated at the time of purchase .
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all calls will be disconnected and require a re-dial after a 2-hour duration .
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skype 's subscriptions are for individual use only -lrb- personal or business communications -rrb- in accordance with our terms of use and this fup -lrb- `` legitimate use '' -rrb- .
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the following is a non-exhaustive list of practices that would not be considered legitimate use :
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-lrb- i -rrb- using subscriptions for telemarketing or call centre operations ;
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-lrb- ii -rrb- re-selling subscription minutes ;
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-lrb- iii -rrb- sharing subscriptions between users whether via a pbx , call centre , computer or any other means ;
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-lrb- iv -rrb- calling numbers -lrb- whether singly , sequentially or automatically -rrb- to generate income for yourself or others as a result of merely placing the call , other than for your individual business communications -lrb- and subject to paragraph 4.1 of the terms of use -rrb- ; and
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-lrb- v -rrb- unusual calling patterns inconsistent with normal , individual subscription use , for example , regular calls of short duration or calls to multiple numbers in a short period of time .
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other practices may be relevant in determining legitimate use and skype reserves the right to take any unlawful , prohibited , abnormal or unusual activity into account in making its determination .
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skype may at its option , terminate its relationship with you , or may suspend your subscription immediately if it determines you are using your subscription contrary to this fup or skype 's terms of use .
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where reasonable , skype will provide you with notice of improper usage before suspension or termination of your subscription and , if appropriate , skype may offer you an alternative subscription .
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-lrb- b -rrb- skype reserves the right to withdraw or change the subscriptions at any time .
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if skype changes the products included in your subscription , skype will notify you by email stating the changes and their effective date .
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if you do not wish to accept these changes , you are entitled to terminate your subscription , with effect from the date on which the changes are due to take effect .
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-lrb- c -rrb- the `` unlimited world extra '' subscription has a minimum fixed term of 2 years from the date of purchase .
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you are not permitted to terminate it before the expiry of the 2-year minimum term except in case of breach by skype of the terms .
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this subscription is billed monthly as a recurring payment .
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skype wifi is provided by one of skype 's wifi partners .
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your use of skype wifi is subject to that partner 's terms of service .
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before you start a skype wifi session at a specific wifi hotspot , you will be notified of the identity of the wifi provider and their terms of service .
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you will have to read their terms of service , which you agree to be subject to by proceeding with the skype wifi session .
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you can pay for skype wifi using your skype credit balance , and your use of skype credit is subject to these terms of service .
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each sms message has a limit of 160 characters .
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if you type a longer message it will be broken down into several sms messages and you will be charged for each message sent .
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if you send sms messages to more than one person you will be charged for each sms sent to each recipient .
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if skype can not -lrb- for whatever reason -rrb- send your sms , skype will continue to try and send the message for up to 24 hours after which time the sms charge will be refunded to your skype credit balance automatically if delivery is unsuccessful .
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-lrb- a -rrb- a fair usage policy applies at www.skype.com/go/terms.gvc.fairusage and is incorporated herein by reference .
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skype reserves the right to change the fair usage policy at any time .
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changes shall become effective when published on the skype website .
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your continued use of a skype premium subscription after publication on the skype website shall constitute your acceptance to be bound by the terms and conditions of the revised fair usage policy .
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-lrb- b -rrb- number of participants .
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the number of permitted participants on a group video call varies from 3 to a maximum of 10 , subject to system requirements .
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you can find more details at www.skype.com/go/skypepremium .
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-lrb- c -rrb- audio conversion .
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if a skype premium subscription or day pass expires during a group video call , or it has exceeded the fair usage limit , or the owner of the skype premium subscription leaves the call -lrb- and there is no other participant on the call who owns a skype premium subscription -rrb- , then the call will convert from video to audio .
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-lrb- d -rrb- software versions .
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if a participant of a group video call is not on a version of internet communications software that supports group video calls , then the call will be an audio call only for that participant .
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for details of the system requirements for group video calling , please see www.skype.com/go/skypepremium.requirements .
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-lrb- e -rrb- live chat .
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live chat customer support is available as part of the skype premium subscription .
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this support is available 24 hours a day , every day , and only in english .
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19.7 qik premium fair usage policy
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qik premium is subject to a fair usage policy of 15gb of video storage per user per month and each video can be no more than 90 minutes in duration .
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once these limits have been reached you can not upload any new videos in that month or continue recording beyond the 90-minute mark .
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skype reserves the right to change the fair usage policy at any time .
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changes shall become effective when published on the skype website .
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your continued use of qik premium after publication on the skype website shall constitute your acceptance to be bound by the terms and conditions of the revised fair usage policy .
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19.8 skype video messaging -lrb- `` video messaging '' -rrb-
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if you are not a skype premium subscriber , the number of video messages you can send are limited and will be subject to an expiry date .
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fair use policy : this fup is designed to prevent fraud and abuse of video messaging .
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video messaging is for personal , individual and non-commercial use only , and to be in accordance with these terms at all times -lrb- `` legitimate use '' -rrb- .
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skype reserves the right to take any unlawful , prohibited , abnormal or unusual activity into account in making its determination as to whether your activity does not constitute legitimate use .
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skype may in its option , terminate its relationship with you , or suspend your account immediately if it determines you are using video messaging contrary to this fup or these terms .
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20.1 this section applies if you select a third-party payment system that enables you to pay for skype credit and certain paid for products via your mobile phone bill where applicable -lrb- `` pay by mobile '' -rrb- .
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20.2 by selecting or using pay by mobile :
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-lrb- a -rrb- you authorise your mobile phone carrier to charge appropriate fees directly to your mobile phone bill ; and
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-lrb- b -rrb- you represent that you are the person or entity responsible for the mobile phone account associated with the mobile number you provide when using pay by mobile , or are authorised by that person or entity to incur such charges .
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20.3 binding arbitration and class action waiver for united states accounts .
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if you select pay by mobile and your mobile phone account is registered with a mobile phone carrier in the usa or you reside in the usa , the following additional terms apply :
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-lrb- a -rrb- paragraph 20.3 applies to any dispute arising between you and either skype or any third party including mobile phone carriers and skype 's corporate affiliates -lrb- collectively , `` disputed party '' or `` disputed parties '' -rrb- relating to your use of pay by mobile , except it does not include a dispute relating to the enforcement or validity of your , skype 's , or either of our licensors ' intellectual property rights .
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dispute , for purposes of paragraph 20.3 , means any dispute , action , or other controversy whether in contract , warranty , tort , statute , regulation , ordinance , or any other legal or equitable basis .
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dispute will be given the broadest possible meaning allowable under law .
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-lrb- b -rrb- in the event of a dispute , you must provide skype or other disputed party with a notice of dispute , which is a written statement of the name , address and contact information of the party giving it , the facts giving rise to the dispute , and the relief requested .
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you must send any notice of dispute to skype or its corporate affiliate at attn : legal department , microsoft corporation one microsoft way redmond , wa 98052-7329 .
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and to any other disputed party at its principal place of business in the usa , marked attn : legal department .
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the disputed party will send any notice of dispute to your address if it has it , or otherwise to your e-mail address on file .
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you and the disputed party will attempt to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent , after which you or the disputed party may commence arbitration .
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-lrb- c -rrb- you may also litigate any dispute in a small claims court in your county of residence , if the dispute meets all requirements to be heard in the small claims court .
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you may litigate in a small claims court whether or not you negotiated informally first .
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-lrb- d -rrb- binding arbitration .
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if you and a disputed party do not resolve any dispute by informal negotiation or in small claims court , any other effort to resolve the dispute will be conducted exclusively by binding arbitration governed by the united states federal arbitration act -lrb- `` faa '' -rrb- .
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you are giving up the right to litigate -lrb- or participate in as a party or class member -rrb- all disputes in court before a judge or jury .
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instead , all disputes will be resolved before a neutral arbitrator , whose decision will be final except for a limited right of appeal under the faa .
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any court with jurisdiction over the parties may enforce the arbitrator 's award .
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-lrb- e -rrb- class action waiver .
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any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis .
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neither you nor a disputed party will seek to have any dispute heard as a class action , private attorney general action , or in any other proceeding in which either party acts or proposes to act in a representative capacity .
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no arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings .
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-lrb- f -rrb- any arbitration will be conducted by the american arbitration association -lrb- the `` aaa '' -rrb- under its commercial arbitration rules .
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if you are an individual and use the software or products for personal or household use , or if the value of the dispute is $ 75,000 usd or less whether or not you are an individual or how you use them , its supplementary procedures for consumer-related disputes will also apply .
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for more information , see adr.org or call +1 -800 -778 -7879 .
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in a dispute involving $ 75,000 usd or less , skype will promptly reimburse your filing fees and pay the aaa 's and arbitrator 's fees .
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you and skype agree to the terms governing procedures , fees and incentives at go.microsoft.com/fwlink/?linkid=275219 .
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to commence arbitration , submit the form available at go.microsoft.com/fwlink/?linkid=275627 to the aaa .
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you agree to commence arbitration only in your county of residence , in santa clara county , california , or another disputed party 's principal place of business in the usa .
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skype and other disputed parties agree to commence arbitration only in your county of residence .
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-lrb- g -rrb- to the extent permitted by law , any claim or dispute relating to your use of pay by mobile must be filed within one year in small claims court -lrb- paragraph 20.3 -lrb- c -rrb- -rrb- or in arbitration -lrb- paragraph 20.3 -lrb- d -rrb- -rrb- .
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the one-year period begins when the claim or dispute first could be filed .
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if such a claim or dispute is not filed within one year , it is permanently barred .
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-lrb- h -rrb- rejecting future arbitration changes .
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you may reject any change skype makes to paragraph 20.3 -lrb- other than address changes -rrb- by sending us notice within 30 days of the change by u.s. mail to the address in paragraph 20.3 -lrb- b -rrb- .
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if you do , the most recent version of paragraph 20.3 before the change you rejected will apply .
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-lrb- i -rrb- if the class action waiver in paragraph 20.3 -lrb- e -rrb- is found to be illegal , invalid or unenforceable as to all or some parts of a dispute , then paragraph 20.3 will not apply to those parts .
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instead , those parts will be severed and proceed in a court of law , with the remaining parts proceeding in arbitration .
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if any other provision of paragraph 20.3 is found to be illegal , invalid or unenforceable , that provision will be severed with the remainder of paragraph 20.3 remaining in full force and effect .
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you expressly acknowledge that you have read these terms and understand the rights , obligations , terms and conditions set forth herein .
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