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US and Canadian Customers
Customers in the US and Canada will immediately be extended a $15.00 line of credit while account approval is processed. Once TeleSign has approved your account, US and Canadian customers will be billed on the first day of each month.
International Customers
Customers outside the US will be able to access their account information and TeleSign's documentation immediately. However, international customers will not be able to begin using TeleSign's services until account approval is completed. Once approval has been processed, these customers will be billed on the first day of each month.
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US and Canadian Customers: You must have access NOW to one of the phone numbers entered above, and it must be a landline or cellphone number (no VOIP or PrePaid mobile numbers will be accepted).
Terms of Service
TELESIGN TERMS OF SERVICE AGREEMENT The following are the terms and conditions pursuant to which you (the "Customer") may access and use TeleSign's patent-pending Telephone Verification System and PhoneID Solution and, unless the Customer and Telesign enter into a different written agreement or understanding, other products and services which may be offered from time to time by TeleSign Corporation and/or its Affiliates, Partners, Resellers for use by the Customer (collectively, the "Service"). This is a legally binding document that details the Customer's rights and obligations relative to the Customer's access and use of the Service. The terms and conditions of the Customer's access and use of the Service ("Terms of Service" or "TOS") must be expressly accepted by the Customer prior to and as a condition to a Customer's access and use of the Service. It is the Customer's responsibility to understand and abide by the TOS and by all other policies and procedures promulgated and communicated by TeleSign that may supplement, modify or amend the TOS from time to time.. The right to use any product or service offered by TeleSign is personal to you and is not transferable and cannot be, without limitation, sold or resold, licensed or sublicensed, leased or subleased, assigned or conveyed, in whole or in part, to any other person or entity without the express written consent of TeleSign, which TeleSign may withhold or grant, in its sole and absolute discretion. Use of Service a. Customer agrees that Customer will not use the Service, or any part of the Service, for any purpose or in any way prohibited by any and all applicable local, state, national and international laws and regulations and/or by these TOS. Customer will indemnify and hold harmless TeleSign from and against any and all losses, liabilities, penalties, awards, judgments, costs, and expenses (including reasonable attorney's fees) that TeleSign may suffer or incur as a result of Customer's violation of any such laws, regulations or these TOS. Customer agrees not to use Service for any unlawful or destructive purpose or in such a way that may result or has resulted in damage or risk to TeleSign's business, reputation, employees, third parties or to the public in general. Additionally, Customer agrees not to use TeleSign and its Service in any manner that may disable, impair, damage or interfere with any of TeleSign's products, services, hardware, software applications, or the Service. Customer agrees that Customer shall not attempt to access and shall not access or use in any unauthorized or illegal manner any of TeleSign's software, hardware, applications, services, other accounts, servers, computer systems or networks or any information or materials except as expressly authorized by these TOS. Customer shall not reproduce, copy, sell, exploit or transfer the Service, any portion of the Service, or the rights granted to Customer by TeleSign to use or access the Service. The Service and the right to grant others the right to access and use the Service and the hardware and software that is utilized and accessed to use the Service are owned and/or controlled exclusively by TeleSign. Customer shall not reverse engineer or attempt to derive the composition or underlying information, structure or basis of any of TeleSign's products and software applications, and shall not attempt to copy nor copy any of TeleSign's source code(s). Customer shall not at any time access for any purpose or use for any purpose the account of any other customer of TeleSign, without the express written consent of that other customer. b. Customer agrees to cooperate fully with TeleSign and must provide all data or information necessary to implement the Service. TeleSign disclaims any and all ownership rights and/or proprietary interest in or to all telephone numbers provided to TeleSign and those telephone numbers shall be used by TeleSign solely for the purposes of implementing, and in connection with the Service and for no other reason. TeleSign specifically covenants that TeleSign shall not voluntarily sell, convey, transfer, transmit, provide, assign or allow access to telephone numbers provided by Customer to any third party, provided however, that Customer acknowledges and agrees that TeleSign may hire subcontractors to assist TeleSign with providing the Service and in performing certain functions or operations that are a part of or done in connection with or collateral to providing the Service and that these subcontractors will be provided with certain information concerning Customer's customer(s), including but not limited to, names, addresses and telephone numbers, in order to perform such functions and operations. Any subcontractor hired by TeleSign shall enter into an agreement which shall prohibit such contractor from utilizing any such customer information with which such contractor comes into contact for any purpose other than in connection with the Service. Customer will notify TeleSign in writing of any change in the Customer's mailing address, telephone, email or other contact information. c. Customer is responsible for maintaining the confidentiality of Customer's login ID and password. Customer shall indemnify and hold harmless TeleSign from and against any and all losses, liabilities, penalties, awards, judgments, costs, and expenses (including reasonable attorney's fees) that TeleSign may suffer or incur as a result of each and every occurrence of unauthorized access to Customer's account, except unauthorized access and/or unauthorized use by TeleSign itself. Customer hereby covenants not to sue TeleSign for any losses, costs, expenses, damages of any kind or for any equitable relief as a result of any third party's unauthorized access to or unauthorized use of Customer's account, unless the proximate cause of such unauthorized access or use by such third party is TeleSign's intentional conduct. d. TeleSign's software and applications are designed to place outbound, automated telephone calls to Customer's customers. It is Customer's sole responsibility to comply with all laws, ordinances. statutes and regulations that are now or may hereafter be in effect relating to the Customer's use of the Service, including, but not limited to, the responsibility to provide Customer's customers with any disclosure or explanation required by law concerning the Customer's utilization of the Service, and the use and various features of the Customer's Web site, its order forms, user agreements, and Customer's privacy policy; and, to obtain and secure any and all consents and authorizations from Customer's customers that may be required by any law in order to authorize the placement of such outbound, automated telephone calls to Customer's customer. Customer shall defend TeleSign against any third party claim, action, suit or proceeding arising as a result of Customer's use of the Service, including the failure to comply with all laws, ordinances, statutes and regulations that are now or may hereafter be in effect relating to the Customer's use of the Service, and shall pay and indemnify TeleSign for all losses, damages, expenses, and costs incurred by TeleSign (including reasonable attorney's fees) as a result of any award, order or judgment entered against TeleSign in any such claim, action, suit or proceeding. Payment Terms and Conditions. a. A one-time set-up fee, if applicable, and the Transaction Fees payable to TeleSign by Customer for the installation and Customer's use of the Service shall be charged at the rates shown on the Transaction Fee Table. The one-time set up fee, if applicable, shall be due and payable upon Customer's receipt of TeleSign's notice to Customer that the initial installation has been completed and shall be deemed and considered late if payment in full is not received within ten (10) days of Customer's said receipt. Such notice shall be sent to Customer by e-mail, facsimile, or other written format. Customer shall be invoiced for the Transaction Fees, monthly in arrears, which Transaction Fees shall be due and payable upon Customer's receipt of TeleSign's invoice and shall be deemed and considered late if payment in full is not received within ten (10) days of Customer's said receipt. All payments required under this Agreement are exclusive of any tax levied by any duly constituted taxing authority including, without limitation, any sales, gross receipts, value-added taxes, tax surcharges, direct or indirect government assessment fees or any other tax imposition on the Service, which Customer agrees to pay to TeleSign if and when such tax is presented for payment on an invoice issued by TeleSign to Customer or directly to the appropriate taxing authority when such tax in connection with the provisions of the Service is assessed against the Customer. Customer shall be deemed to be in default hereunder if payment of a TeleSign invoice is not received by TeleSign within ten (10) days after the date such invoice is received by the Customer and, in addition to its other remedies, TeleSign may charge Customer interest at that rate equal to the lesser of one and one half percent (1½ %) per month or the maximum amount permitted by law on all sums that remain unpaid at the expiration of such ten (10) day period. b. TeleSign reserves the right to change the Transaction Fees and/or the rates and formulae by which the Transaction Fees are calculated by notifying Customer at least ten (10) days in advance of any such change(s). c. Unless otherwise set forth in this Agreement, payment by Client hereunder shall be made only in United States Dollars. CUSTOMER ACKNOWLEDGES THAT FAILURE TO MAKE TIMELY PAYMENT OF SUMS DUE AND OWING HEREUNDER WILL CONSTITUTE A DEFAULT AND BREACH OF THIS AGREEMENT AND IN SUCH EVENT, TELESIGN SHALL HAVE THE RIGHT, AMONG OTHER THINGS, TO DISCONTINUE PROVIDING THE SERVICE TO CUSTOMER AND/OR TERMINATE THIS AGREEMENT AND/OR ANY OR ALL OF CLIENT'S RIGHTS HEREUNDER. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE SERVICE IS SUBSCRIBED TO CUSTOMER "AS IS" AND WITH ALL FAULTS. NEITHER TELESIGN, NOR ANY OWNER, MEMBER, MANAGER, EMPLOYEE, AGENT AND/OR SERVICE PROVIDER THEREOF, MAKES ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, OR THE HARDWARE OR SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY THAT PROVISION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. TELESIGN FURTHER DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH HEREIN. TELESIGN DOES NOT WARRANT THE SERVICE OR THAT ANY OR ALL ERRORS IN THE SERVICE WILL BE CORRECTED. NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF TELESIGN PROVIDING OR NOT PROVIDING THE SERVICE. IN FURTHERANCE HEREOF AND WITHOUT LIMITATION, USE OF THE SERVICE AND THE HARDWARE AND SOFTWARE UTILIZED OR ACCESSED IN CONNECTION WITH THE SERVICE IS AT CUSTOMER'S SOLE RISK AND TELESIGN SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT THERETO. LIMITATION OF LIABILITY. IN NO EVENT SHALL TELESIGN OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, THE COST OF COVER OR LOSS OF USE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, EXPRESS OR IMPLIED, ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS, ARISING OUT OF THE PROVISION OF THE SERVICE HEREUNDER. IN FURTHERANCE OF THE FOREGOING AND WITHOUT LIMITATION, TELESIGN WILL HAVE NO LIABILITY FOR DATA STORED OR USED WITH THE SERVICE, INCLUDING COSTS OF REPAIRING, REPLACING, OR RECOVERING SUCH DATA. WITHOUT LIMITATION OF ANYTHING SET FORTH IN THIS AGREEMENT, CUSTOMER FURTHER AGREES THAT TELESIGN SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSION(S), ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF DATA, AND/OR FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM ANY SUCH ACTS, OMISSIONS OR EVENTS, INCLUDING, WITHOUT LIMITATION, LOST INCOME, LOST PROFITS, PRESENT AND FUTURE, THE COST OF COVER OR LOSS OF USE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, EXPRESS OR IMPLIED, ACTIVE OR PASSIVE NEGLIGENCE, INTENTIONAL OR UNINTENTIONAL TORT, STRICT LIABILITY, VIOLATION OF STATUTE, ORDINANCE OR REGULATION, FAILURE OF CONSIDERATION, OR OTHER BASIS. CUSTOMER ALSO AGREES THAT TELESIGN IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. UNDER NO CIRCUMSTANCES SHALL TELESIGN AND/OR ANY SUBCONTRACTOR HIRED BY TELESIGN TO ASSIST TELESIGN WITH PROVIDING THE SERVICE BE HELD RESPONSIBLE OR LIABLE FOR SITUATIONS WHERE ANY DATA TRANSMITTED, STORED OR COMMUNICATED IN CONNECTION WITH THE SERVICE IS ACCESSED BY THIRD PARTIES THROUGH ILLEGAL OR ILLICIT MEANS, INCLUDING SITUATIONS WHERE SUCH DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY GAPS, WEAKNESSES OR FLAWS (WHETHER KNOWN OR UNKNOWN TO TELESIGN AT THE TIME) WHICH MAY EXIST IN THE SERVICE AND/OR THE HARDWARE AND SOFTWARE UTILIZED AND/OR ACCESSED IN CONNECTION WITH THE SERVICE. IF CUSTOMER IS DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. Revision of Terms of Service, Member Policies TeleSign reserves the right to change the TOS or policies regarding the use of the Service at any time and to either notify Customer through fax, email, verbally or by posting an updated version of the TOS on the TeleSign Web site. Customer is responsible for regularly reviewing the TOS and use of the Service after any and all changes shall constitute Customer's consent to such changes. TeleSign reserves the right, in its sole and absolute discretion, at any time and without notice, to remove, substitute, replace, amend, vary, update, and/or alter any of the hardware or software utilized or accessed in connection with the Service. Marketing Customer agrees that without consideration or compensation to Customer of any kind, at any time after Customer becomes a customer of TeleSign, TeleSign may publicly disclose, orally and in writing, the identity of Customer, the existence of such customer relationship and may comment on genesis and nature of that customer relationship for any and all purposes, including but not limited to promotion, marketing and advertising of the Service.. These rights granted by Customer to TeleSign shall survive any termination of said customer relationship. Data Collection TeleSign reserves the right to collect, store, and maintain, but not request from the End User unless as is strictly necessary in the provision of the Services, various types of information about a Customer's End Users (the "Data"), including geographic Internet Protocol (IP) tracking, name, address, city, state, time and all provided telephone numbers (the "Data"). However, TeleSign shall not disclose the End User transaction and Data to third parties or use the Data for any purposes except that TeleSign shall have the rights (i) to use the Data as strictly necessary to perform the Services contemplated in this Agreement (ii) to maintain the Data as long as necessary or as required by law and used internally for record keeping, internal reporting, and support purposes; and (iii) to provide the Data as required by law or court order, or to defend TeleSign's rights in a legal dispute. Termination TeleSign may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. TeleSign reserves the right without explanation, to deny service to any Customer that is suspected of unlawful activity, and to report this activity to the proper authorities. TeleSign will have no obligation to notify any third parties nor will TeleSign be responsible for any damages that may result or arise out of termination of the Service. Notwithstanding anything contained herein to the contrary or otherwise, upon the termination of the Service, TeleSign shall not be liable to Customer because of such termination for compensation, reimbursement or damages on account of the loss of prospective profits, goodwill or on account of expenditures, investments or commitments made by or on behalf of Customer, or for any other reason whatsoever flowing from such termination; provided, however, that the termination of this Agreement shall not release Customer from its obligations and liability to TeleSign with respect to any Transaction Fees that became due and owing prior to such termination. The limitation of liability set forth above shall apply to any claim, action or proceeding prosecuted by Customer as a result of TeleSign's termination of the Service. Governing Law These Terms of Service are governed by the laws of the State of California. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings used in these Terms of Service are provided for convenience only and shall not be used to construe meaning or intent. Mandatory Arbitration The parties shall submit any dispute concerning the Service to final and binding arbitration in Los Angeles pursuant to the commercial rules of the American Arbitration Association. Arbitration shall be conducted by a single, neutral arbitrator or, at the election of any party, three neutral arbitrators, appointed in accordance with the commercial rules of the American Arbitration Association. Discovery shall be allowed in accordance with California Code of Civil Procedure § 1283.05. The award of the arbitrator shall be enforceable according to the applicable provisions of the California Code of Civil Procedure. The arbitrator may award damages or grant equitable relief within the parameters allowed under these Terms of Service. Notwithstanding the foregoing, a party may apply to a court of competent jurisdiction for relief in the form of a temporary restraining order and/or preliminary injunction pending final determination of a claim through arbitration in accordance with this Paragraph. No other person, persons, class, association or entity may be joined and/or participate as parties in such arbitration. Notwithstanding anything stated or not stated in these Terms of Service, the arbiter(s) shall have no authority to award punitive damages against TeleSign. Copyright, Patents and Trademark Notices © 2005 TeleSign Corporation. All rights reserved. Republication, or redistribution of any materials, publications, manuals, or other contents of the Service, including these Terms of Service, is strictly prohibited without the prior written consent of TeleSign. TeleSignT, Telesign Verification SystemT and the TeleSign logo(s) are trademarks of TeleSign Corporation and/or its affiliated companies. TeleSign's Verification System is currently patent-pending. Any and all rights relating to the Service, including but not limited to all intellectual property rights, not expressly granted to Customer by these Terms of Service are reserved.
BY SUBMITTING THIS FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF SERVICE ABOVE AND THAT YOU, AND ANY PERSON USING ANY SERVICE OR FACILITIES PROVIDED BY TELESIGN TO YOU HEREUNDER, AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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© Copyright 2005 TeleSign Corporation.
All Rights Reserved.
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