Welcome to the website of Lucky Communications Inc. When you use our site or any service offered by Lucky Communications Inc., such as LuckyComm or Click4prepaid, you will be subject to these Terms and Conditions. Please read them carefully. Your use of our website, indicates that you have understood and accepted these conditions. Lucky Communications Inc. may make changes to this site, policies and these Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Your continued use of the site and services will signify that you accept the changes made.

Products and Services Offered By Lucky Communications Inc. on the Site

Lucky Communications Inc. offers certain services on its site. When you purchase a service from Lucky Communications Inc. through its site, in addition to theses Terms and Conditions, you also agree to accept and abide by the specific conditions applicable to your purchase and use of that service.

Rules for Using Lucky Communications Inc.'s Site and Services

In using our site and the services offered by it, we ask that you abide by these rules. Failure to abide by these rules may lead to termination of your account without notice. By using our services you agree not to:

• provide Lucky Communications Inc. with inaccurate or false information,
• use this site or any services provided by Lucky Communications Inc. for illegal purposes,
• disrupt or interfere with the operations of Lucky Communications Inc.,
• seek to gain unauthorized access to the site or services offered by Lucky Communications Inc.,
• use the referral program e-mail service for spamming purposes, or
• resell our services without our permission. You understand that reselling our services without proper authorization may be punishable under federal and state laws.

Confidentiality of Account Information and PIN

If you use this site, you are responsible for maintaining the confidentiality of your account and PIN, and you accept responsibility for all activities that occur under your account or PIN. Lucky Communications Inc. is not responsible for lost or stolen phone cards or PINs or unauthorized use thereof.

Credit and Refund Policy

Our goal is to offer you a reliable and affordable means of communication. Although we are making every effort to provide clear connections and well-managed networks, occasional disruptions or interference due to network problems may occur which are beyond our control. We will issue a credit or a refund in the following circumstances only: (1) If for any reason minutes are claimed "lost" (i.e. you are charged for a connection that does not occur) you must contact the Lucky Communications 24 Hour Customer Service Department within one half hour of the attempted call. Upon verification of the "lost" status as being the fault of a system malfunction, Customer Service will credit your phone card account in the dollar amount corresponding to the minutes claimed "lost".

(2) If for any reason your card is "unusable" with respect to a particular destination number, you must contact the Lucky Communications 24 Hour Customer Service Department within one half hour of the attempted call. Upon verification of the "unusable" status, Customer Service will deactivate your account and refund the full balance on your phone card immediately by crediting it to your credit card account. A card is deemed "unusable" with respect to a particular destination number, if Lucky Comm's network is unable to complete a call to the same number at a time when two out of three major carriers (AT&T, Sprint, MCI) are able to complete it, within one hour of the time of the call.

(3) If you have never used your phone card and do not intend to use it, you may request a refund. Upon verification that the account has not been used, the Lucky Communications 24 Hour Customer Service Department will deactivate your account and refund the full balance on your phone card immediately by crediting it to your credit card account.

Expiration, Cancellation and Cash Value

Lucky Comm phone cards expire one year from first use. Cards that have no credit for more than a three months period will be cancelled. Cards hold no cash value.

Lucky Comm Referral Program

Under the Lucky Comm Referral Program, a user may earn commissions from no more than two tiers of referrals. This is how it works: you may refer our services to an unlimited number of individuals. This is a first tier referral. You will earn commissions equal to 10 % of the value of each first tier referral's transactions with Lucky Communications Inc. The first tier referrals may in turn make further referrals. These are second tier referrals. You will earn commissions equal to 5% of the value of each second tier referral's transactions with Lucky Communications Inc. There is no limit on the number of second tier referrals. However, you will not earn commissions for any further referrals beyond the second tier referrals. Commissions will only be earned based on actual use of the phone card accounts. Any refunds and credits to the referrals' accounts will be deducted from the commissions earned in the percentages specified above.

You may elect to have your commissions credited to your phone card account and use them for long distance calls. You may also elect to have the commissions paid out to you in cash, once they exceed $100. All commissions paid out to you in cash are taxable and will be reported to the IRS. You will receive a 1099 form. You are responsible for any tax liability arising out of the exercise of the cash-out option.

Privacy

Please review our Privacy Policy, which also governs your use of the Lucky Communications Inc. site, to understand our practices.

Links to Other Sites

The website contains links to third-party websites. These links are provided solely as a convenience to you and not necessarily as an endorsement by Lucky Communications Inc. of the contents of such third-party websites. Lucky Communications Inc. is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Copyright Notice

Lucky Communications Inc. grants you a limited license to access and make use of this site Unless otherwise noted, all information, text, data, images, screens, web pages or other materials (collectively hereinafter referred to as the "Materials") appearing on this site are the exclusive property of Lucky Communications Inc. or others as indicated. You may copy information from this site for your personal or educational use only, provided that each copy includes any copyright or trademark notice or attribution as it appears on the pages copied. Without the express written permission of Lucky Communications Inc., the Materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these Terms and Conditions. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this site shall be construed as conferring any license of any intellectual property rights, except as expressly provided in these Terms and Conditions.

Use of this site does not confer any ownership rights to any Materials. Any unauthorized use terminates the permission or license granted by Lucky Communications Inc.

Trademark Notice

Lucky Communications Inc., the LUCKY COMM. logo, and Click4prepaid are trademarks or servicemarks of Lucky Communications Inc. in the United States and certain other jurisdictions. Lucky Communications Inc.'s trademarks and servicemarks may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Lucky Communications Inc. or in connection with any service or product that is not sponsored, endorsed or produced by Lucky Communications Inc. Any other trademarks and service marks that may appear in these pages are the property of their respective owners and are used solely to refer to those companies' goods and services.

Without obtaining express written permission from Lucky Communications Inc. you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Lucky Communications Inc., you may not use meta tags or other "hidden text" utilizing Lucky Communications Inc.'s name or trademarks and you may not use any proprietary graphic or trademark pertaining to Lucky Communications Inc. as part of a link.

Address any inquiries concerning usage of Lucky Communications Inc. trademarks, copyrights, or designs to:

Lucky Communications Inc.
1111Mission Street
San Francisco, Ca. 94103
Tel. 415 934 1089
Fax. 415 864 2606
ruellm@luckycomm.net

Disclaimer of Warranties

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LUCKY COMMUNICATIONS INC. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. LUCKY COMMUNICATIONS INC. MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL OR THE RESULTS TO BE OBTAINED FROM USING THE SITE AND THE MATERIAL. THE USE OF THE SITE AND THE MATERIAL IS AT YOUR OWN RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Exclusive Remedy and Limitation on Liability

The exclusive remedy for an alleged breach by Lucky Communications Inc. shall be, at Company's option, a credit or a refund under these Terms and Conditions. LUCKY COMMUNICATIONS INC.'S LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE SERVICE PROVIDED.

Disclaimer of Consequential Damages

UNDER NO CIRCUMSTANCES SHALL LUCKY COMMUNICATIONS INC. BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF ANY SERVICE OR INABILITY TO USE ANY SERVICE OFFERED BY THE LUCKY COMMUNICATIONS INC. SITE, EVEN IF LUCKY COMMUNICATIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION NOF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

In the event of a lawsuit arising out of your use of the site, of a service provided by Lucky Communications Inc, of any hyperlinked site, or of your breach of these Terms and Conditions, you agree to defend, indemnify, and hold harmless, Lucky Communications Inc., its officers, directors, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, Lucky Communications Inc. shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

International Use

This website is based in San Francisco, California. Lucky Communications Inc. makes no representations that information contained on this site or services provided by it are appropriate or available for use at locations outside the United States. Access to the information or services may not be legal by certain persons or in certain countries. Our offer of services is void in jurisdictions in which the services are prohibited by law. If you access the website or use our services in a jurisdiction which prohibits the services offered, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Applicable Laws

These Terms and Conditions will be governed by and construed in accordance with the laws of California. You agree that any legal action that arises out of or relates to these Terms and Conditions will be filed only in courts located in the state of California.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term. These Terms and Conditions constitute the entire agreement between you and Lucky Communications Inc with respect to the use of the site.

Contact Information