Terms and Conditions of Web Site Use
Effective 1/29/2008

CONSENT TO MONITORING AND DISCLOSURE
TouchTone is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that TouchTone may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. TouchTone reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these Terms and Conditions.
Should any user of information on this server provide TouchTone with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and TouchTone assumes no obligation to protect such information from disclosure. The submission of such information to TouchTone shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by TouchTone for any purpose whatever and TouchTone shall be free to reproduce, use, disclose and distribute the information to others without restriction.

DISCLAIMER OF LIABILITY
THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. TOUCHTONE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TOUCHTONE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL TOUCHTONE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.

NO WARRANTIES
Any TouchTone material on this server may include technical inaccuracies or typographical errors. TouchTone has the right to make changes and updates to any information contained within this server without prior notice.

THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY TOUCHTONE COMMUNICATIONS, INC., ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER TOUCHTONE NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DISCLAIMER OF ENDORSEMENT
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by TouchTone. Product and service information is the sole responsibility of each individual vendor. The TouchTone name and logo and other trademarks and trade names owned by TouchTone may not be used in any commercial manner without the prior written consent of TouchTone.


Terms and Conditions for Communication Services
Effective 1/29/2008; Updated last on 6/21/11

1. GENERAL.
1.1. Applicability. Thank you for selecting TouchTone as your provider for communications services. These Terms and Conditions contain general provisions that apply to all TouchTone Products and Services sold under a TouchTone Agreement. "Agreement" refers to the written contract signed by Customer for the purchase of TouchTone Products and Services, its attachments, these Terms and Conditions, other documents incorporated by reference, and the related Order(s). Customer's use of a particular TouchTone Product or Service is also governed by the related product or service-specific terms and conditions ("Product specific Terms").
1.2. Definitions
A. "Affiliate" is a legal entity that directly or indirectly controls, is controlled by, or is under common control with the party. An entity is considered to control another entity if it owns, directly or indirectly, more than 50% of the total voting securities or other such similar voting rights.
B. "Commencement Date" is the first day of the first bill cycle in which TouchTone bills monthly recurring charges or usage charges. Unless defined otherwise in the Agreement, the Term begins on the Commencement Date.
C. "Effective Date" is the date both parties have signed the Agreement.
D. "Order" means a written, electronic or verbal order, submitted or confirmed by Customer and accepted by TouchTone that identifies specific TouchTone Products and Services and the quantity ordered. Verbal Orders are deemed confirmed upon Customer's written acknowledgement or use of Products or Services. "Order Term" is the term designated for an individual Order.
E. "Product(s)" includes equipment, hardware, software, cabling or other materials sold or leased to Customer by or through TouchTone as a separate item from, or bundled with, a Service.
F. "Service(s)" means communications services, including basic or telecommunications services, information or other enhanced services, provided to Customer by or through TouchTone under the Agreement, excluding Products.
G. "TouchTone" as used in these Terms and Conditions means the TouchTone company identified in the Agreement or Order as providing the specific Products or Services.
H. "TouchTone Schedule(s)" refers to Schedules that contain the terms and conditions governing TouchTone's provision of certain Services. 

2. TERM. "Term" as used in these Terms and Conditions refers to the term defined in the Agreement. These Terms and Conditions apply from the Effective Date until all Orders issued during the Term have expired or terminated.

3. CHARGES.
3.1. Orders
A. Rates. During the Order Term, Customer will pay TouchTone the rates and charges for a particular Product or Service as set forth in the Agreement.
B. Cancellation. TouchTone will notify Customer of rejected Orders. Customer may cancel an Order at any time before TouchTone ships the Order or begins performance, but Customer must pay any actual costs incurred by TouchTone due to Customer's cancellation.
C. Customer Purchase Orders. The terms and conditions in any Customer-issued purchase order accepted by TouchTone will have no force or effect other than to denote quantity and the Product or Service requested.
3.2. Invoicing
A. Commencement of Invoicing. Unless otherwise specified in the Agreement, TouchTone may begin invoicing Customer in full for non-recurring and recurring charges on the later of:
(1) the date the Products or Services are installed and made available;
(2) the delivery date specified in the Order.
B. Delays. If TouchTone cannot deliver the Product or Service by the delivery date specified in the Order due to a Customer-caused delay, TouchTone may bill Customer as of the delivery date specified in the Order, or if no date is specified, any time after 30 days from the Effective Date.
3.3. Fixed Rates and Percentage Discounts. Except as expressly stated otherwise in the Agreement, rates that are stated as a flat or fixed recurring or non-recurring charge will not change during the Term if TouchTone increases or decreases the list rate in a Schedule or price list. If pricing is shown in the Agreement as a percentage discount off of a Schedule rate or list price, the percentage discount is fixed for the Term, but TouchTone may modify the underlying Schedule rate, Tariff rate or list price to which the percentage discount is applied on no less than one day's notice.
3.4. Rate Adjustments. TouchTone may adjust, at any time, its rates and charges or impose additional fees, charges or surcharges on Customer to recover amounts that it is required by governmental or quasi-governmental authorities to collect on their behalf, or to pay to others in support of statutory or regulatory programs, plus a commercially reasonable amount to recover the administrative costs associated with such charges or programs. Examples of such charges include, but are not limited to, state and federal Carrier Universal Service Charges, PICC Fees (typically $3.99 per additional business line), Carrier Cost Recovery Fees (typically $2.97 per customer account), Toll Free Service Charges (typically $3.99 per toll free number), Account Code Maintenance Fees (fees vary; for exact breakdown please call TouchTone Customer Service at 800-266-4006), Compensation to Payphone Providers, International Mobile Termination Charges, E911 or Wireless Local Number Portability surcharges, as applicable. TouchTone may impose additional charges or surcharges, or establish new rate elements, to recover amounts TouchTone is charged for terminating or originating a call to wireless carriers. TouchTone will charge $0.99 per month to all residential customers who choose to receive paper invoices through the mail, and $2.99 per month to all business customers who choose to receive paper invoices through the mail.  To avoid this paper invoice fee, customers can sign up for paperless invoices for free through TouchTone’s E-bill site at www.touchtone.net/myaccount.  Once a customer has enrolled in paperless invoices, the above charges will be automatically waived from their account. 
3.5. Taxes. TouchTone's rates and charges for Products and Services do not include taxes.  Except for TouchTone's income taxes and employment taxes, Customer will pay all taxes, including, but not limited to, sales, use, gross receipts, excise, property, bypass or other local, state, national taxes or charges imposed on or based upon the provision, sale or use of Products and Services.
3.6. Minimum Usage.  All T-1 customers who are using voice services may be required to meet a total monthly billing requirement (as indicated in the Agreement) in total call usage charges per month for the length of the contract.  This does not include any local loop charges, taxes, or any other miscellaneous charges.  If the customer does not meet this requirement on any month under the contract, the customer will be billed the monthly local loop charge, any other miscellaneous monthly recurring charges, plus the difference to bring call usage charges to the minimum amount (as indicated in the Agreement).  T-1 Customers who are using data services are required to pay the monthly local loop charge plus monthly bandwidth fees for the length of the contract.
3.7 Fraudulent Calls. Customer is solely responsible for payment of long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder.  Customer shall indemnify and hold TouchTone harmless from all costs, expenses, claims or actions arising from fraudulent calls of any nature carried by means of the Services.  Customer shall not be excused from paying TouchTone for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services.  In the event TouchTone discovers that fraudulent calls being made, TouchTone will notify Customer of the fraudulent calls and use best efforts to prevent such calls from taking place.  Notwithstanding, it is understood that TouchTone is under no obligation to investigate the authenticity of calls charged to Customer's account and shall not be liable for any fraudulent calls processed by TouchTone and billed to Customer's account.
3.8 Short Duration Calls. Short Duration surcharges are defined as follows: A short duration call is defined as a call equal to or less than six (6) seconds in length. If more than 10% of your completed calls in any given billing cycle are defined as short duration calls, then TouchTone will charge an additional $0.01 surcharge per short duration call over the 10% of total monthly terminating service minutes. Individual products may have alternate call duration thresholds. If the service agreement or order form contains specific call duration thresholds then those thresholds found on that service agreement or order form will supersede those found in these Terms and Conditions.
Non-RBOC surcharges are defined as follows: Customer agrees to maintain at least 70% of all domestic terminating traffic to a Regional Bell Operating Company ("RBOC"). TouchTone shall have the right to apply a $0.04 per minute surcharge to the number of domestic minutes by which Non-RBOC "terminations" exceed 30% of total monthly terminating service minutes. A list of RBOC OCNs will be provided to the customer upon request. Individual products may have alternate RBOC/Non-RBOC thresholds. If the service agreement or order form contains specific RBOC/Non-RBOC thresholds then those thresholds found on that service agreement or order form will supersede those found in these Terms and Conditions.

4. PAYMENT TERMS
4.1. Payment Date. Payment is due upon receipt of TouchTone's invoice. Customer must pay all undisputed amounts no later than the due date indicated on the invoice. Except as prohibited by an applicable Tariff, state
law or regulation, if Customer fails to make such payment by the due date indicated on the invoice, TouchTone may suspend or terminate the Products or Services. Customer may not offset disputed amounts from one invoice against payments due on another account.
4.2. Interest Charges. All items not subject of a bona fide dispute that remain unpaid 30 days after the due date are subject to interest at a rate equal to the lesser of 1 1/2% per month, or the maximum rate allowed by law or the applicable Tariff.
4.3. Disputed Invoice Charges. If Customer disputes a charge in good faith, it may withhold payment of that charge so long as Customer (A) makes timely payment of all undisputed charges; and (B) within 30 days of the invoice date, provides TouchTone with a written explanation of the reasons for Customer's dispute of the
charge. Customer must cooperate with TouchTone to promptly resolve any disputed charge. If TouchTone determines, in good faith, that the disputed charge is valid, TouchTone will notify Customer and, within five business days of receiving notice, Customer must pay the charge. If the dispute relates to billing errors, TouchTone may credit or debit, as applicable, the net difference between any discovered overcharge or undercharge. This provision does not modify any other payment dispute provisions.

5. CREDIT APPROVAL. TouchTone's provision of Products and Services is subject to credit approval of Customer, and TouchTone may require a deposit or other form of security during the credit approval process. Additionally, if during the term of the Agreement or Order Customer's financial circumstance or payment history becomes reasonably unacceptable to TouchTone, TouchTone may require adequate assurance of future payment, including a deposit or additional deposit, advance payment or other form of security.

6. WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR THE APPLICABLE SERVICE LEVEL AGREEMENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND TOUCHTONE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED AND IN PARTICULAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES RELATED TO EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE.

7. EQUIPMENT AND SOFTWARE
7.1. Equipment or Software not provided by TouchTone. Customer is responsible for any items not provided by TouchTone (including, but not limited to, equipment or software) that impair Product or Service quality. Upon notice from TouchTone of such an impairment, Customer will promptly cure the problem. Customer will continue to pay TouchTone for Products and Services during such impairment or related suspension. If the impairment interferes with the use of TouchTone's network by TouchTone or third parties, TouchTone, in its reasonable discretion, may suspend or disconnect the affected Products and Services without advance notice to Customer, although TouchTone will provide advance notice where practical. At Customer's request, TouchTone will troubleshoot the impairment at TouchTone's then current time and materials rates. TouchTone is not liable if a commercially reasonable change in Products or Services causes equipment or software not provided by TouchTone to become obsolete, require alteration, or perform at lower levels.
7.2. Software License
A. Licensing Requirements. Where software is provided with the Product or Service, Customer is granted a non-exclusive and non-transferable license or sublicense to use the software, including any related documentation, solely to enable Customer to use the Products and Services in accordance with the applicable licensing requirements. TouchTone may suspend, block or terminate Customer's use of any software if Customer fails to comply with any applicable licensing requirement. 
B. Prohibitions. Except as provided under the applicable licensing terms and conditions, Customer, as licensee, is not granted any rights to:
1.  use the software on behalf of third parties or for time share or service bureau activities;
2.  any source code, and will not reverse engineer, decompile, modify, enhance, or copy TouchTone-provided software, or prepare any derivative works from such software; or
3.  modify the Products or Services, or combine the Products and Services with any other products or services not provided by TouchTone.
C. Copies. If TouchTone authorizes in writing the making of any software copies, the copies must reproduce the copyright or any other proprietary legends appearing on the original copy.
D. Breach of Licensing Requirements. Customer will indemnify, defend and hold TouchTone harmless from and against any third party claims arising out of Customer's breach of the licensing requirements in this Section 7.2.
7.3. Title to Software or Equipment. TouchTone or its suppliers retain title and property rights to TouchTone-provided software and equipment, whether or not they are embedded in or attached to real or personal property. Unless specifically stated in the Agreement, Customer neither owns nor will acquire any right of ownership to any TouchTone-provided hardware or software, including, but not limited to, copies, and any related patents, copyrights, trademarks, or IP addresses assigned to Customer. Upon termination or expiration of the Agreement or any Order, Customer will surrender and immediately return the TouchTone provided equipment and software, including all copies, to TouchTone or provide TouchTone access to reclaim such equipment and software.

8. USE OF NAME, SERVICE MARKS, TRADEMARKS. Neither party will use the name, service marks, trademarks, or carrier identification code of the other party or any of its Affiliates for any purpose, including, but not limited to, resale of Products or Services or press releases, without the other party's prior written consent.

9. CUSTOMER RESPONSIBILITIES
9.1. Installation. Customer will provide reasonable cooperation to enable TouchTone or its agents to install the Products and Services. Customer is responsible for damage to TouchTone-owned Products and Services located on Customer premises, excluding reasonable wear and tear or damage caused by TouchTone. Additional Customer responsibilities relating to a particular Product or Service may be defined in the applicable Product-specific Terms.
9.2. Use of Products and Services
A. Abuse and Fraud. Customer will not: (1) use Products or Services for fraudulent or destructive purposes, including, but not limited to, unauthorized or attempted access, alteration, abuse or destruction of information; or (2) use Products or Services in such a manner that causes interference with another’s use of the TouchTone network. Customer will promptly cooperate with TouchTone to prevent unauthorized access by third parties of the Products and Services via Customer's facilities.
B. Resale
(1) General. Unless otherwise provided in the Agreement and subject to any provisions governing resale in the Agreement, state or federal law and regulations, Customer represents and warrants, on behalf of itself and its Affiliates, subsidiaries, and agents, that it is not a reseller and that it does not intend to resell the Products and Services or engage in other activity that would require TouchTone to verify Customer's authorization as a reseller as required by 47 CFR 64.1195 or other law or regulation.
(2) Wireline Services. These provisions are not intended to prohibit resale of wireline services, but to require compliance with the rules and regulations of the FCC, state public utility commissions and other governmental bodies with jurisdiction over the provision of communications services for resale.
(3) Resale Terms and Conditions. The permitted resale of TouchTone wireline and Internet Services is subject to the TouchTone's Resale Terms and Conditions or Internet Service Providers ("ISP") Product Terms and Conditions.
C. Foreign Telecommunications Administrations. For certain international Products and Services, Customer must comply with any limitations or prohibitions imposed by Foreign Telecommunications Administrations ("FTAs") upon the FTA-provided portion of end-to-end international services.
D. Failure to Comply. If Customer fails to comply with any provision of this Section, Customer releases TouchTone from all liabilities or obligations in connection with the affected Product or Service, and Customer will indemnify TouchTone for all costs or damages that TouchTone incurs as a result of Customer's noncompliance.

10. CONFIDENTIAL INFORMATION

11 LIMITATIONS OF LIABILITY
11.1. Direct Damages. Each party's maximum liability for damages caused by its failure(s) to perform its obligations under the Agreement is limited to: (A) proven direct damages for claims arising out of personal injury or death, or damage to real or personal property, caused by the party's negligent or willful misconduct; or (B) proven direct damages for all other claims arising out of the Agreement, not to exceed in any 12 month period an amount equal to Customer's total net payments for the affected Products and Services in the month preceding the month in which the injury occurred. Customer's payment obligations, liability for early termination charges, and the parties' indemnification obligations under this Agreement are excluded from this provision. Liability limitations for individually-liable wireless services are covered in the applicable Product Terms and Conditions.
11.2. Consequential Damages. NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, BUT ARE not LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN A WARE OF THE POSSIBILITY OF THESE DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS ARISING FROM THE PARTIES' INDEMNIFICATION OBLIGATIONS UNDER THE AGREEMENT.
11.3. Unauthorized Access. Except for physical damage to Customer's transmission facilities or Customer premise equipment directly caused by TouchTone's negligence or willful misconduct, TouchTone is not responsible for unauthorized access to Customer's transmission facilities or Customer premise equipment by individuals or entities, or for unauthorized access to, or alteration, theft, or destruction of Customer's data files, programs or other information through accident, wrongful means or any other cause.
11.4. Liability for Content. TouchTone is not responsible for the content of any information transmitted by, or received through, TouchTone's provision of the Products and Services.

12. INDEMNIFICATION
12.1. Personal Injury, Death or Damage to Personal Property. Each party will indemnify and defend the other party, its directors, officers, employees, agents and their successors from and against all third party claims for damages, losses, or liabilities, including reasonable attorney's fees, arising directly from performance of the Agreement and relating to personal injury, death, or damage to tangible personal property that is alleged to have resulted, in whole or in part, from the negligent or willful acts or omissions of the indemnifying party or its subcontractors, directors, officers, employees or authorized agents.
12.2. Transmission Over TouchTone Network. Customer will indemnify and defend TouchTone from and against all loss, liability, damage and expense, including attorney's fees, resulting from any third party claims alleged to arise in any way from information, data, OR messages transmitted over the TouchTone network by Customer, OR Customer's own customers or agents, including, but not limited to: (A) claims for libel, slander, invasion of privacy, infringement of copyright, and invasion OR alteration of private records or data; (B) claims for infringement of patents arising from the use of equipment, hardware OR software not provided by TouchTone; and (c) claims based on transmission and uploading of information that contains viruses, worms, OR other destructive media OR other unlawful content.
12.3. Intellectual Property. Subject to Sections 12.4 and 12.5 below, TouchTone will defend and pay all court awarded damages for claims enforceable in the United States alleging that Services as provided infringe any third party United States patent or copyright or contain misappropriated third party's trade secrets. For any third party claim that TouchTone receives, OR to minimize the potential for a claim, TouchTone may at its option and expense either:
A. procure the right for Customer to continue using the Services
B. replace or modify the Services with comparable Services;
C. or terminate the Service.
12.4. Intellectual Property Indemnification Limitations. TouchTone's obligations under Section 12.3 above will not apply to the extent that the infringement or violation is caused by: (A) a modification to TouchTone-provided software equipment or Services by Customer (or any person or entity acting on Customer's behalf); (B) services provided to or through TouchTone by a third party; (C) the combination of TouchTone-provided Services by Customer (or any person or entity acting on Customer's behalf) with other third party products; (D) functional or other specifications that were provided by or requested by Customer; or (E) Customer's continued use of infringing Services after TouchTone provides reasonable notice to Customer of the infringement.
12.5. Rights of Indemnified Party. To be indemnified, the party seeking indemnification under this Section must promptly notify the other party in writing of the claim (unless the other party already has notice of the claim) and give the indemnifying party full and complete authority, information and assistance for the claim's defense and settlement. The indemnifying party will retain the right, at its option, to settle or defend the claim, at its own expense and with its own counsel. The indemnified party will have the right, at its option, to participate in the settlement or defense of the claim, with its own counsel and at its own expense, but the indemnifying party will retain sole control of the claim's settlement or defense. To be indemnified under this Section, the party seeking indemnification must not, by any act, including but not limited to any admission or acknowledgement, materially prejudice the indemnifying party's ability to satisfactorily defend OR settle the claim.

13. TERMINATION
13.1. TouchTone Right to Terminate
A. TouchTone may immediately suspend OR terminate Products OR Services OR the Agreement if:
(1)  Customer fails to cure its default of the payment terms in Section 4 above; or
(2)  Customer fails to cure any other material breach of the Agreement within 30 days after receiving TouchTone's written notice; or
(3) Customer fails to comply with applicable law or regulation and Customer's noncompliance prevents TouchTone's performance under the Agreement.
B. If TouchTone terminates the Agreement under Section 13.1, Customer will be liable for any Products and Services provided up to the date of termination, whether or not invoiced by the termination date, as well as any applicable early termination or shortfall liabilities.
13.2. Customer Right to Terminate. If TouchTone materially fails to provide Products or Services, Customer may terminate the affected Products or Services without early termination liability if Customer provides TouchTone with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice. If TouchTone fails to cure, then Customer may terminate the affected Products or Services effective 30 days after TouchTone's receipt of Customer's written notice to terminate. TouchTone's material failure does not include a failure caused by circumstances not within TouchTone's sole control, including, but not limited to, a
failure caused by a local exchange carrier other than TouchTone, Customer-provided software or equipment, or Customer.
13.3. Order Term Termination Liability
A. Calculation of Early Termination Liability. Certain Products and Services may be priced based on a minimum Order Term, which may be identified as an "Order Term," "Access Term Plan," or similar language. If Customer terminates an Order in whole or in part, before expiration of the Order Term (unless due to TouchTone's material failure), then Customer will pay the following early termination charges, which represent TouchTone's reasonable liquidated damages and not a penalty:
(1)  A lump sum equal to (a) the applicable monthly charges and monthly minimum usage requirements, multiplied by the number of months remaining in the first year of the initial term, plus (b) 50% of the monthly    charges, multiplied by the number of months remaining in the initial term after the    first year. If any Order is terminated before the expiration of any minimum Order    Term, Customer will pay TouchTone a pro rata amount, based on the number of    months remaining in the minimum Order Term, of any waived installation charges; and
(2)  Any liabilities imposed on TouchTone by third parties, such as local exchange carriers or PTTs, as a result of Customer’s early termination.
B. Waiver of Order Term Liabilities. Upon prior approval of TouchTone, Customer will not be liable for the early termination charges in Sections 13.3.A above, if Customer orders another Service of the same or greater monthly price with an Order Term no less than the remaining months in the initial Order Term (or one year, whichever is greater) at the same time Customer provides TouchTone with the termination notice. Such approval will be in TouchTone's reasonable discretion and based upon financial and other business considerations.
C. Repayment of Credits or Waived Charges. If TouchTone terminates an Order or the Agreement due to Customer's material breach or Customer terminates an Order or the Agreement before the end of the Term (unless due to TouchTone's material breach), Customer will repay TouchTone a pro-rata portion of any credits issued or charges waived, based upon the number of months remaining in the Term at the time of termination. This provision does not apply to service level credits issued for Service outages.
13.4. Disconnect Notice
A. Notice Requirement. FOR Domestic Services, TouchTone will have up to 30 days to complete disconnection. FOR non-Domestic Services, TouchTone may require a longer period. Customer will be responsible for all charges through the later of the 30th day after TouchTone received the disconnect notice, or the date Customer stops using the Services.
B. Forms Required. For written notice of disconnect to be effective, Customer must provide information necessary for TouchTone to complete the disconnect, such as a completed Disconnect Firm Order Commitment ("FOC") for Customer-provided access. Failure to provide such required information may result in TouchTone's revocation of Connecting Facility Assignments ("CFA") from TouchTone to the Local Exchange Carrier ("LEC") and Customer will be liable for any resulting charges imposed on TouchTone by the LEC.

14. FORCE MAJEURE. Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement due to acts beyond the control of the responsible party. Force majeure events include, but are not limited to: natural disasters (e.g. lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; inability to obtain parts or equipment from third party suppliers; cable cuts by third parties, a local exchange carrier's activities, and other acts of third parties; explosions and fires; embargoes, strikes, and labor disputes; and governmental decrees and any other cause beyond the reasonable control of a party.

15. CONFLICTS PROVISION. Federal and state Tariffs, as applicable, govern the sale of local telecommunication Services and supersede these Standard Terms and Conditions where required by law. If TouchTone withdraws any Tariff that applies to Services in this Agreement, the Tariff terms and conditions then in effect will continue to apply to this Agreement. If a conflict exists between or among provisions within the Agreement, specific terms will control over general provisions and separately negotiated or added terms, conditions or pricing will control over standardized or non-negotiated terms, conditions and pricing.

16. MISCELLANEOUS.
16.1. Independent Contractor. TouchTone provides the Products and Services in this Agreement as an independent contractor. Nothing in this Agreement will create an employer-employee relationship, association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or affiliates.
16.2. No Waiver of Rights. The failure to exercise any right under this Agreement does not operate to waive the party's right to exercise that right, or any other, in the future.
16.3. No Third Party Beneficiaries. The Agreement's benefits do not extend to any third party.
16.4. Governing Laws. The Agreement will be governed by the laws of New Jersey, without regard to its choice of law principles.
16.5. Dispute Resolution
A. Arbitration. Any dispute arising out of or relating to the Agreement or Order may, at the option of the parties, be finally settled by arbitration. If, however, Subsection B (Waiver of Trial by Jury) below is held to be unenforceable by a court, then arbitration is mandatory. Any arbitration must be held in accordance with the rules of the CPR Institute for Dispute Resolution and governed by the United States Arbitration Act, 9 U.S.C. Sec. 1, et seq. All arbitration proceedings for disputes relating to Domestic Products or Services will be held in the Morris County, NJ. If the dispute relates to TouchTone's provision of Non-Domestic Products or Services, all arbitration proceedings will be conducted in the English language pursuant to the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC"). The place of arbitration for disputes related to Non-Domestic Products or Services is Morris County, NJ, USA. Any such arbitration proceeding will not include class action arbitration.
B. Waiver of Trial by Jury. The parties mutually, expressly, irrevocably and unconditionally waive trial by jury and any right to proceed in a class action or other representative capacity for any proceedings arising out of or relating to an Agreement or Order. This Subsection survives the termination of an Agreement or Order.
16.6. Assignment. Customer may not assign any rights or obligations under an Agreement or Order without TouchTone's prior written consent, except that Customer may assign the Agreement, after 30 days prior written notice, to a parent company, controlled Affiliate, Affiliate under common control or an entity that has purchased all or substantially all of Customer's assets.
16.7. Amendments. The Agreement may only be amended in a writing signed by both parties' authorized representatives.
16.8. Notice. Notices required under the Agreement must be submitted in writing to the party's address listed in the Agreement or Order and, in the case of a dispute, notices must also be sent to:
TouchTone Communications
Attn: Director of Operations
P.O. BOX 135, Whippany, NJ 07981
16.9. Severability. If any provision of the Agreement is found to be unenforceable, the Agreement's unaffected provisions will remain in effect and the parties will negotiate a mutually acceptable replacement provision consistent with the parties' original intent.
16.10. Survivability. The terms and conditions of the Agreement regarding confidentiality, indemnification, warranties, payment, dispute resolution and all others that by their sense and context are intended to survive the expiration of the Agreement will survive.
16.11. Entire Agreement. The Agreement, including these Standard Terms and Conditions, all other referenced documents, annexes, Schedules and Tariffs, or exhibits, the related Orders and the parties' mutual nondisclosure agreement, constitutes the entire agreement and understanding between the parties and supersedes all prior or contemporaneous negotiations or agreements, whether oral or written, relating to its subject matter.

Terms and Conditions of TouchTone Wireless Services
(Common Cents and Nationwide Unlimited Plans)
Effective as of March 1, 2009 or until replaced.

These terms and conditions are part of your agreement with TOUCHTONE COMMUNICATIONS for TOUCHTONE WIRELESS Services.  If you activated your TOUCHTONE WIRELESS SERVICES before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions.  The terms and conditions included with your mobile phone may not be the most current version.  For the most current version of the terms and conditions, please visit our website at http://www.touchtone.net/terms.htm or call Customer Care toll free at 800-266-4006.

Agreement.  Your agreement ("Agreement") with TOUCHTONE COMMUNICATIONS and any of its representatives doing business as TOUCHTONE COMMUNICATIONS providing TOUCHTONE COMMUNICATIONS Services ("Services") to you is made up of these Terms and Conditions of Service ("Terms") and the Service Plan we agree to provide you.  Your "Service Plan" is described in our marketing materials and includes the rates and features we set for that Service Plan.  We use the words "we," "us," or "our" or “TOUCHTONE WIRELESS” to refer to TOUCHTONE COMMUNICATIONS.  TOUCHTONE WIRELESS Services are provided utilizing either the Sprint PCS® Network or the Verizon Wireless® Network ("Network").  You accept the Agreement and Terms when you do any of the following: (1) sign a contract with us on paper or electronically; (2) tell us orally or electronically that you accept; (3) activate Services or attempt to use our Services (including, without limitation, attempting to place a call on the Network or off the Network when roaming, including "911" or similar calls); (4) pay for the services; (5) open any package or start any program that says you are accepting the Agreement when doing so; and (6) use your service after making any change or addition after you have been informed that continued use of the new or modified service will mean you have given us your acceptance.

Provision of Service.  Your purchase of equipment from us does not mean that we must provide Services to you.  We may decide not to provide Services to you for any lawful reason.  We may request that you provide us with any information we reasonably require to determine whether you qualify for Services.  Services in some areas are managed and provided under contract by independent affiliates of either Verizon Wireless® or Sprint PCS® with access to the Network.  Some Services may not be available or may operate differently in certain Verizon Wireless® or Sprint PCS® affiliate markets.

Credit Verification.  If you are making payments on your Service Plan by credit card, you must have and maintain a valid credit card to receive and continue to receive Services.  We will verify that your credit card is valid before agreeing to provide Services to you and we may verify that your credit card is valid at any time while we provide Services to you. Credit card verification may include a review of credit reports that we receive from commercially available credit bureaus.  If at any time we determine, in our sole discretion, that payment for Services may not be made when due, we may suspend Services to your phone and require that you provide payment on your account or a guarantee of payment before we resume Services to your phone.

Changes to Agreement.  We may change this Agreement at any time (but see Service Plan).  Any changes to the Agreement are effective when we publish them on our website www.touchtone.net. We will give you thirty (30) days prior notice, either in your monthly bill or separately, of any material change to this Agreement.  If you use our Services on or after the effective date of the changes or make any payment to us (for services not already rendered prior to the effective date of the changes) on or after the effective date of the changes, you accept the changes.  If we change a material term of the Agreement and that change has a material adverse effect on you, you may terminate the Agreement without an early termination fee by calling 1-800-266-4006 within sixty (60) days after we send notice of the change.  You understand and agree that taxes, Universal Service fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis, and that this paragraph does not apply to any increases in such taxes, Universal Service fees and other charges.

Service Plans.  TOUCHTONE COMMUNICATIONS offers month-to-month, one (1) or two (2) year Service Plans.

Service Plan.  A fixed Service Plan contractually binds you to obtain Services from TOUCHTONE COMMUNICATIONS.  We may offer non-identical Service Plans to different individuals or entities.  Services and coverage under some Service Plans may be more limited as compared to other Service Plans.  Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate.  Your Service Plan may require that you make a deposit, prepayment, or a series of deposits or prepayments, or be subject to an account spending limit, before Services are activated or maintained.  If you are on a Service Plan, your ability to change to another Service Plan may be limited and we may require you to pay a termination fee as set out in the Termination sections of the Agreement.  Any change is effective at the start of your next full billing cycle unless otherwise specified by us at the time that you place your change order.  If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full billing cycle, you will be billed a prorated amount for the period during the previous billing cycle that the new Service Plan or service feature was effective.  We may require a service charge for implementing any change directed by you to your Service Plan or optional service features you select.

Use of Services and Equipment; Availability.  You must be at least 18 years old to subscribe to our Services.  We may require you to provide proof of your age and identity.  Services and equipment may not be used for any unlawful, fraudulent or abusive purpose.  By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner.  You may not resell or lease Services or equipment to anyone. Services are available within the operating range of the Network as depicted in our coverage maps.  Coverage and quality of Services may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions.  We do not guarantee that there will be no interruptions or delays in Services.  Your TOUCHTONE COMMUNICATIONS phone will not accept the services of any wireless provider other than TOUCHTONE COMMUNICATIONS (but see Roaming).
 
Number.  We assign a phone number ("Number") to the phone or other equipment used by you on the Network.  We may change the Number by giving you prior notice.  You do not own the Number.  You may not: (1) modify the Number we program into any phone or other equipment; (2) transfer or duplicate the Number to any phone or other equipment other than that authorized by us or as expressly allowed by the rules and regulations of the Federal Communications Commission regarding number portability; or (3) transfer the Number to any other individual or entity without our permission.
 
Phone Activation Fee.  You may be required to pay a non-refundable phone activation fee when you activate a new handset, have us switch a Number to a different phone, or we activate a different phone on your existing account.  Details on any applicable phone activation fee are set out in your Service Plan or can be obtained by calling TOUCHTONE COMMUNICATIONS Customer Care toll free at 1-800-266-4006.
 
Charges.  You must pay, by each invoice date, all charges for Services provided to the Number for each phone or other equipment that our records show you activated no matter who actually uses or has possession of the phone or other equipment at the time Services are provided.  These charges include, but are not limited to, recurring monthly service charges, applicable local and long-distance toll charges, usage charges, and connection fees, roaming charges, directory assistance, and call completion charges, optional features you select at an extra cost, and taxes and other regulatory related charges.  Charges for a completed call from your Number that is dialed manually begin when you press the TALK (or similar key) and end when the call is terminated by either party.  You are invoiced for these completed calls from your Number from the time shortly before the phone starts ringing until the call is terminated by either party.  Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute.  Certain Service Plans do not include itemized message transmission detail, even for measured service.  Most Services are billed to your account at a flat rate on a recurring monthly basis and you do not receive itemized message transmission detail on them.
 
Billing.  Billing cycles are approximately thirty (30) days in length.  Billing cycles and dates may change from time to time.  Except as otherwise provided in your Service Plan, monthly recurring charges (MRCs) are billed one billing cycle in advance.  Airtime is billed for your total usage in excess of your monthly Service Plan allotment and/or for calls outside the Network.  Excess charges for Services are usually billed to your account as soon as possible after the charges accrue.
 
Payment.  If you have authorized payment for Services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice your credit card or debit your bank account, for all amounts (including any late charges, taxes or other regulatory related charges) due to us or billed by us on behalf of a third party.  You must promptly notify us of any change in your address, the credit card used for payment, or the bank account used for bank debits.  If we take action to receive payment beyond billing you for charges for Services or equipment, you must pay our costs and expenses of collection, including attorneys’ fees and expenses, the fees of any collection agency and court costs.
 
Disputed Charges.  You must raise any dispute that you have about any charges billed to your credit card or bank debit account within fourteen (14) days of the date of the credit card or bank debit account statement or you have accepted the charges.  You may notify us of any dispute by calling TOUCHTONE COMMUNICATIONS Customer Care toll free1-800-266-4006.  Calls to our sales or general business offices are not notice of a dispute.  You do not have to pay any properly disputed amounts while we investigate them; however, you must pay amounts not in dispute by the due date.
 
Termination. Service Plan.  If you are on a Service Plan: (1) your ability to terminate Services before the end of the term is limited; (2) your ability to change to another Service Plan before the end of the term may be limited and may result in a termination and/or activation fee; (3) you may be required to pay a termination fee as liquidated damages and not as a penalty; (4) we may not terminate Services without cause before the end of the term; and (5) if we terminate Services for cause before the end of the term you may be required to pay a termination fee as liquidated damages and not as a penalty.  No termination fee is charged if you terminate your Service Plan within fourteen [14] days of activation of your TOUCHTONE COMMUNICATIONS phone.  You will only be billed the activation fee and the pro-rated portion of the monthly service fee.  During the term of this Agreement we must give each other notice to terminate Services.  At the end of your term, your Agreement automatically changes into a “Month to Month” Service Plan.  At and after the expiration of the original term, you may terminate Services at any time by giving us notice and we may, subject to this Agreement, terminate Services at any time, with or without notice.  If either party terminates the Agreement after the original term has expired, you agree to pay that month’s recurring charges and all other charges due and owing on your account.  You also agree that you will not receive a credit or refund for any unused minutes for that month’s billing cycle.  No termination fee is assessed if you terminate your Month to Month Service plan with us.
 
Termination, General.  Regardless of whether you have a One (1) Year or Two (2) Year Service Plan, we may, without notice, terminate or suspend Services to you without liability at any time: (1) if you breach any provision of this Agreement (including if you fail to pay any charges for Services); (2) if you fail to pay any charges due us for equipment or otherwise; (3) if you incur charges in excess of a billing limit (even if we have not yet billed the charges); (4) if you harass or threaten our employees or agents; (5) if you provide false information to us; (6) if you interfere with our operations; or (7) if we believe the action protects our customer’s interests or our network.  If you promptly cure the breach, we may, but are not obligated to, reactivate Services to you.  You must pay all charges for: (1) Services provided before termination of a Number; and (2) equipment, regardless of who terminates Services.
 
Deposits.  If we require a deposit for you to establish or keep Services, we will hold the deposit as partial guarantee of payment for Services.  We may change the deposit at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to pay any bill (unless it is used to pay a final bill) or delay payment.  The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history.  The rate of interest on the deposit is subject to change.  We may mix deposits with our other funds.  If Services are terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding charges and any excess will be returned to you at your last known address, within seventy-five [75] days after termination of Services.  If the U.S. Postal Service cannot deliver the money to you and returns it to us, we will hold it for you for one (1) year from the date of return and we may charge a monthly servicing fee against the deposit balance.  Any money held during this one year period will not accrue interest for your benefit.  You forfeit any portion of the money left after the one (1) year period.

Taxes and Other Regulatory Related Charges.  We bill you for taxes, regulatory related obligations and other charges levied by federal, state or local authorities, or foreign government on Services, or mandated to be paid in proportion to receipts from telecommunications services provided, or on sales of equipment (except for taxes based on our net income), if we pay these taxes or other regulatory related charges, Taxes, regulatory related charges and charges not directly paid by us are not billed to you, but payment to the taxing or levying authority of any applicable taxes, regulatory related charges and charges due from you are your responsibility.  If you claim any tax exemption, you must provide us with a valid tax-exempt document.  Any tax exemption applies only from the date we received a valid tax-exempt document.
 
Roaming.  Calls made outside of the Network are “roaming” calls.  Your phone is specifically designed and engineered to work on the Network and on other providers’ systems only when roaming agreements are in place between either Verizon Wireless® or Sprint PCS® and the other providers.  Certain features are not available when roaming.  When roaming, you are subject to the limitation of liability provisions and other applicable rules imposed by the roaming service provider on its own subscribers or on roamers. Included minutes apply to calls placed and received on the Network.  Roaming rates apply to calls placed and received outside the Network.  Long distance charges for calls received while roaming are calculated from your home area code to the location where you received the call.  Due to delayed reporting between carriers, usage may be billed in a subsequent month and will be charged as if used in the month billed.  If during any two consecutive months your minutes of use on other carrier networks exceeds fifty- percent (50%) of the minutes included in your service plan, we may, at our option, terminate your service, deny your continued use of other carriers’ coverage or change your plan to one imposing additional usage charges for roaming.   We will provide notice that we intend to take any of these actions and, upon receipt of such notice, you may terminate this Agreement. 

Unlimited Voice Services.   Unlimited voice services are provided solely for live dialog between two individuals.  Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals.  If we find that you are using an unlimited voice service offering for other than live dialog between two individuals, we may, at our option, terminate your service or change your plan to one with no unlimited usage components.  We will provide you with notice that we intend to take any of the above actions, and you may terminate the Agreement.

Unlimited Data Services.  Prohibited Uses.  We reserve the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network.  Examples of prohibited uses include the following: (i) server devices or host computer applications, including, but not limited to, continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing; (ii) as a substitute or backup for private lines or dedicated data connections; (iii) “auto-responders,” “cancel-bots,” or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either our Service or other parties’ Internet-based resources, including “denial of service” (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s network or systems; or (vii) software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle or any “keep alive” functions.

Interruption of Service.  We may give credit for a continuous interruption of Services for more than twenty-four (24) hours on a case-by-case basis.  Interruptions caused by your negligent or willful actions, or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit.  We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic or topographic conditions and that you redial within one minute of disconnection.  You must notify us within twenty-four (24) hours of the disconnection to obtain credit.
 
Phones and Other Equipment.  Phones and other equipment may be purchased and returned as provided in the purchase documents.  We are not the manufacturer of the phones or other equipment and the only warranties on the phones or other equipment are limited warranties extended by the manufacturers.

Lost or Stolen Equipment. If your phone or other equipment is lost or stolen, you must notify us by calling TOUCHTONE COMMUNICATIONS Customer Care toll free at 1-800-266-4006.  You are responsible for all charges for Services provided to the Number for the lost or stolen equipment before you notify us of the loss or theft.  We will deactivate Services to the Number upon notification to us of any loss or theft.  You may be required to provide evidence of the loss or theft (e.g., a police report or affidavit).  If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Services (if we elect to reactivate Services), as well as require you to pay a reactivation fee.  We will deactivate Services to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number.  You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use.
 
Caller ID.  If you do not want people you call to receive the Number assigned by your phone, you must call TOUCHTONE COMMUNICATIONS Customer Care toll free at 1-800-266-4006 for information about automatic Caller ID blocking.  The Number assigned to your phone can be blocked on a per-call basis by dialing *67 + Destination Number + TALK. Caller ID delivery resumes on the next call you make.  Caller ID display on incoming calls to your Number is dependent on receiving the information from the calling party.
 
Pay-Per-Call Service.  We will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.
 
International Calling.  You may be limited in the international destinations that you can call with your TOUCHTONE COMMUNICATIONS Service.  Calls to international destinations are not included in your Service Plan and will be billed separately on a monthly basis.  You should call TOUCHTONE COMMUNICATIONS Customer Care toll free at 1-800-266-4006 for information about international destinations that cannot be called from your TOUCHTONE COMMUNICATIONS phone.

Customer Proprietary Network Information (CPNI).  Federal law protects your privacy rights as a customer of TOUCHTONE COMMUNICATIONS.  Customer Proprietary Network Information (CPNI) is information we possess solely due to the customer-carrier relationship that is necessary for us to serve your telecommunications needs.  CPNI is defined by the Federal Communications Commission as information that relates to the quantity, technical configuration, type, destination and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and information contained in the bills pertaining to telephone exchange or toll service received by a customer of a carrier.  CPNI does not include information that is in the public domain or available from other sources (i.e., census data, subscriber list information, published directory information).  Unless you specifically authorize its use, we may not use CPNI to market our services that are unrelated to the services to which you currently subscribe.  We will not share CPNI with any other company, including our affiliate companies, unless you are also a customer of our affiliate, or unless you have provided authorization.  CPNI can be used by us for certain purposes without your permission.  We may use CPNI to offer you new or enhanced services that are related to the category of services to which you currently subscribe.  We may also use CPNI to respond to your inquiry regarding services you use or related services we offer.  We may also use CPNI in repair and maintenance services, billing and collection, to protect company property, and to prevent fraud.  We take measures to discover and protect against attempts to gain unauthorized access to your CPNI.   In so doing, we authenticate a customer prior to disclosing CPNI based on customer initiated telephone contact, online account access, or an in-store visit.   We value our relationship with our customers and are committed to respecting and protecting your privacy.

Limitation of Liability.  Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors or defects) will not exceed: (1) in cases related to a specific piece of equipment, the prorated MRCs for Services to the piece of equipment during the affected period; or (2) in cases not related to a specific piece of equipment, the prorated MRCs for the Services to you during the affected period. We are not liable for any damage arising out of or in connection with:
a) Any act or omission of any telecommunications service or other service provider other than us;

b) Any directory listing;
c) Any dropped calls;
d) Any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitation or system capacity limitations;
e) traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phone, equipment or accessories used in connection with the Services;
f) Any late or failed message delivery;
g) Any interruption or failure of 911 or E911 emergency services or identification of the Number, address, name or location associated with any person accessing or attempting to access emergency services from your phone;
h) The installation or repair of any products or equipment by parties who are not our authorized employees or agents;
i) events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike or orders of governmental authority;
j) Any use of your phone or other equipment not authorized by you;
k) Any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or
l) Your negligent or intentional act or omission.
 
NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
 
Indemnification.  You promise to indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services; or (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorneys' fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives termination of this Agreement.
 
DISCLAIMER OF WARRANTIES.  WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY TOUCHTONE COMMUNICATIONS. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR THE OPERATORS OF THE NETWORK AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY TOUCHTONE COMMUNICATIONS.  THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
 
Notices.  You may get our current address for written notice by calling TOUCHTONE COMMUNICATIONS Customer Care toll free at 1-800-266-4006.  Written notice to you is sent to your last known address in our invoicing records.  Written notice is deemed delivered three (3) days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Law: (1) you may notify us by calling TOUCHTONE COMMUNICATIONS Customer Care; and (2) we may notify you by leaving a message for you on your TOUCHTONE COMMUNICATIONS phone, answering machine or with your answering service.  Notice addresses may be changed by giving notice as provided in this section.
 
Choice of Law; Jurisdiction.  This Agreement is governed by, and construed under, the laws of the State of NEW JERSEY without regard to its choice of law principles.  You agree to submit yourself to the personal jurisdiction of the courts of the State of NEW JERSEY.
 
General.  If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party.  Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement.  If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable NEW JERSEY State laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect.  Section headings are for descriptive purposes only and are not intended to be used to interpret this Agreement.  You may not assign this Agreement to any other person or entity without our prior written approval.  This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us.  The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
 
Early Termination. Service Plan.  You may terminate your Agreement before the term expires by calling us toll free at 1-800-266-4006 from any phone and paying an EARLY TERMINATION FEE OF $175  or less (depending on when you terminate) per handset as liquidated damages, and not as a penalty.  We may terminate the Agreement if you are in default and charge you the Early Termination Fee as liquidated damages, not as a penalty.  The Early Termination Fee is payable in addition to any other outstanding charges for services or equipment on your TOUCHTONE COMMUNICATIONS account.  We will not charge you the Early Termination Fee if you deactivate service within fourteen (14) days after you activated your TOUCHTONE COMMUNICATIONS phone.
 
TOUCHTONE COMMUNICATIONS does not manufacture the wireless devices or equipment used by customers for its services.  TOUCHTONE COMMUNICATIONS disclaims any harm that may result from the use or misuse of any wireless device or equipment provided by TOUCHTONE COMMUNICATIONS for use of its Services.  Verizon Wireless® and Sprint PCS® provide access to their Networks for TOUCHTONE COMMUNICATIONS subscribers but are not responsible for quality, billing, customer care, warranty, maintenance, or other aspects of subscriber service.  Verizon Wireless® is a registered trademark of Verizon Wireless Communications Company L.P.  Sprint PCS® is a registered trademark of Sprint PCS.

TouchTone Wireless Early Termination Fees Defined
(Contract Customers Only)
Effective 12/1/08

By signing the TouchTone Wireless Subscriber Agreement you are agreeing to maintain service with TouchTone for your minimum term as stated in the agreement. Periods of suspension of service do not count towards fulfillment of your minimum term. After the completion of your contract term, you will become a month-to-month customer under the agreement. AN EARLY TERMINATION FEE OF $175.00 WILL APPLY IF YOUR SERVICE IS ENDED BEFORE BECOMING A MONTH-TO-MONTH CUSTOMER. The Early Termination Fee will be reduced by $5.00 for each full month toward your minimum term that you complete. A month is determined from the day your TouchTone Wireless service is activated.  Example: Based on a 24 month term, if service begins on 11/24/09 and is canceled as of 5/25/10, you would have completed six months of your service contract and your early termination fee would be reduced by $30.00.

You may cancel your service for any reason, and without incurring the Early Termination Fee, within fourteen (14) days of signing your Wireless Subscriber Agreement, PROVIDED, however, that if you cancel service you will remain responsible for any service fees and charges incurred. Equipment must be returned in its original packaging with all original documents and contents in “like new” condition. A restocking fee of up to 20% may apply.
The Early Termination Fee applies only to the extent permitted by law.

If you buy your wireless phone/device from an authorized agent or third-party vendor, you should check to see if they charge a separate termination fee. If you terminate your service as of the end of your minimum contract term, you will not be responsible for any remaining part of your monthly billing cycle. Otherwise, all terminations by you during a monthly billing cycle become effective on the last day of that billing cycle. You will remain responsible for all fees and charges incurred until then and will not be entitled to any partial-month credits or refunds. You may be able to take, or "port," your current wireless phone number to another service provider. If you request your new service provider to port a number from TouchTone, and TouchTone receives your request from that new service provider, TouchTone will treat it as notice from you to terminate our service for that number upon successful completion of porting. After the porting is completed, you will not be able to use TouchTone service for that number. You will remain responsible for any Early Termination Fees, and for all fees and charges through the end of that billing cycle.



TouchTone Wireless Phone and Accessory Return Policy
Effective 11/18/2008

GUARANTEE
We will happily accept returns or make exchanges on all wireless phones or devices purchased from TouchTone Wireless.

You may terminate service for any reason within 14 days of activation (“14-day period”). If you purchased equipment from us at a promotional price at the time of activation, you must return that equipment to avoid being assessed a $175 early termination fee (for details see www.touchtone.net/terms.htm). You will remain responsible for your Activation Fee. You will also be responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges that accrued to your account through the termination date. If you paid a security deposit, it may take between 30 and 60 days to process the return of your security deposit. The charges for any service used on the account before the service termination date may be applied against your security deposit.

Service Termination
You may terminate your service for any reason with 14 days of activation. If you cancel your service after the 14-day period, but prior to the expiration of your minimum term, you will be responsible for the Activation Fee, all applicable usage fees, access charges, taxes, surcharges or other charges that accrued to your account through the termination date, including an early termination fee of up to $175 (for details see www.touchtone.net/terms.htm).

Returns
You may return any or all of your working merchandise for any reason within 14 days of activation to receive a full refund for the merchandise purchased price. In order to receive a full refund, all packages must be postmarked within 14 days from the date of activation and must be accompanied by the original customer receipt and the UPC must be intact on the original packaging. We will not accept returns with the original UPC missing from the box.
At our discretion, we may decline your return or charge you a fee for a missing item, or for items that we determine are damaged or require service. If you return and we accept your merchandise within the 14-day period, we will refund your merchandise purchase price. Purchases made by cash or check, credit card, or gift card will be refunded by check, credit card, or gift card respectively.

If you received your merchandise through a "Buy One, Get One Free" or similar offer, both items must be returned in order to receive a refund. If you received a discount based on the purchase of an item, the return of that item will result in the forfeit of the discount, which may be deducted from any refund amount.

If merchandise is returned after the 14-day period, you will not receive a refund and the merchandise may not be returned to you. THIS ALSO APPLIES to merchandise exchanges.

Because the FCC requires that carriers convert nearly all of their handsets to GPS capability, TouchTone Wireless will no longer allow non-GPS phones to be activated on our network. If you upgrade from a non-GPS capable to a GPS capable phone and then return it within the 14-day period, TouchTone Wireless will not allow the older non-GPS capable phone back on our network. We will, however, allow you to exchange your new phone for another GPS-capable device.

Before returning or exchanging any product that has data in its memory, please transfer all files you wish to retain to another file source. Once the product is returned, your files cannot be recovered.
Returning your merchandise does not automatically terminate your service. In order to cancel your service you MUST contact Customer Service at 1-800-266-4006. SEE SERVICE TERMINATION FOR DETAILS. If you purchased merchandise from another retailer, the retailer's exchange policy applies.

Exchange New Merchandise
You may exchange merchandise only once, and it must be done within the 14-day period. In order to make the exchange, return the merchandise (including phone, charger, battery, instructions, etc.) in its ORIGINAL box. All merchandise must be in ;like-new; condition with the original UPC still intact. You must provide a copy of your customer receipt as proof of purchase. A $35 Device Activation Fee will apply on the new exchanged device. Shipping charges may apply to exchanged merchandise sent to you by TouchTone Wireless.
If you purchased your merchandise from another retailer, the retailer's exchange policy applies.

Eligible Defective Handset Exchanges
If your phone malfunctions as a result of a manufacturing defect after the return and exchange period but within the first year that you own the phone, TouchTone Wireless will either exchange your phone for a like unit or one of comparable quality at no cost to you, or assist you in sending the phone to the manufacturer's authorized repair facility.

If you choose to exchange your phone, the phone you receive may be refurbished or slightly used (“replacement phone”). Once you have exchanged your phone, we will not be able to undo the exchange and return your original phone to you. If you have difficulty with the replacement phone, TouchTone Wireless will replace it with another replacement phone. Replacement phones will carry the remaining warranty period from the original phone, or 90 days, whichever is greater. Unless you have enrolled in the TouchTone Wireless Protection Program, TouchTone Wireless will access a fee for equipment that is replaced due to electrical malfunction or manufacturer defect after the one-year warranty period.

Phones subjected to neglect, misuse, water damage, unreasonable wear and tear, and the like, are not eligible for any return or exchange program. This program does not cover lost or stolen phones. These policies do not limit or supersede any existing manufacturer's warranties.

OTHER
This program may be considered to be a "warranty" or "service contract" in certain states. In these states, please refer to the TouchTone Wireless Subscriber Agreement and the Wireless Terms and Conditions for full details.


TouchTone Hosted PBX Terms and Conditions
Effective 9/25/08; updated 11/3/10

These Terms of Service constitute the agreement ("Agreement") between TouchTone Communications, Inc. ("we," "us" or "TouchTone") and the user ("you," "user" or "Customer") of TouchTone's services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service and it applies to all lines on each TouchTone account. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.

1. EMERGENCY SERVICES - 911 DIALING
1.1 911 Dialing.

Customers using TouchTone Hosted PBX service will be provided access to basic emergency services (911) or enhanced emergency services (E911) as available. With enhanced emergency services (E911) when you dial 911 your telephone number and registered address is simultaneously sent to the local public-safety answering point (PSAP) and operators at that location are provided with all necessary information to send help or call you back if necessary. In areas that E911 is not available the PSAP is not equipped or capable of capturing or retaining your telephone number or address, you must be prepared to provide your information each and every time you call.
If the customer has failed to register their address or validation of the registered address has failed; calls will be routed to an ECRC Emergency Call Routing Center where a live operator will request your telephone number and address. There will be a $250 charge per call answered by an ECRC if the customer intentionally registers a faulty address.

1.2 Notify All Users. You should inform all household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of TouchTone’s 911 as compared with traditional public telephone 911.

1.3 Registration of Physical Location Required. For each line in service at the time of activation, customers will be required to register the physical address that the service will used . If the service is moved it will be the customer’s responsibility to notify TouchTone that they have moved and update us with the new physical address from where the service will be used Customers using soft phones or other portable devices will be held responsible to update their physical address for service location.
1.4 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage, Suspension, or Disconnection of Broadband Service or Internet Service Provider ("ISP") Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Suspension or Disconnection of Your TouchTone Account. If the customer’s account is suspended for any reason, 911 calls will continue to function; however, if Service is disconnected, 911 will cease to work.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP, broadband provider, or other third party may intentionally or inadvertently block the ports over which the service is provided or otherwise impede the usage of the service. If you suspect that this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your service is impeded, your service, including 911 Dialing, may not function. You acknowledge that TouchTone is not responsible for the blocking of ports by any third party or any other impediment to your usage of the service, and any loss of service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the service, you will continue to be responsible for payment of the service charges unless, and until, you disconnect the service in accordance with this Agreement.
(e) Other Service Outages. If there is a service outage for any reason, such outage will prevent all service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the service as compared to traditional 911 dialing over traditional public telephone networks.

1.6 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither TouchTone nor its officers or employees may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless TouchTone, its officers, directors, employees, affiliates and agents, as well as any other service provider who furnishes services to you in connection with the service from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the service to be able to use 911 Dialing or access emergency service personnel.

1.7 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 service, you should consider having an alternate means of accessing traditional 911 services, such as a mobile phone or a measured POTS line.

2. SERVICE TERM.
2.1 (a) Service Term. Service is offered and paid for on a prescribed recurring basis for a term that begins on the date that TouchTone activates your service, and ends on the last day of the month ("Service Term"). Subsequent terms of this Agreement automatically renew for the same Service Term unless you give us written notice of non-renewal at least ten (10) days before the end of the applicable Service Term. You are purchasing the service for the full Service Term, meaning that if you attempt to disconnect service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then-current Service Term, including unbilled charges plus a disconnection fee (if applicable), all of which will immediately become due and payable. You will also be responsible for charges for the following service Term in the event that you do not provide the requisite ten (10) day disconnect notice as described above. Customer understands TouchTone has no control over quality of coverage and network conditions. It is further understood that not all features can be used in all areas.

2.1(b) Other Commitments. If you accept an equipment upgrade or other promotional or plan benefit (such as a free month of service, free installation, a rebate or other incentive), there may be a commitment associated with the benefit you accepted ("Commitment"). To the extent there is a Commitment, it begins on the date you activate the new equipment or accept the promotion or benefit. The Commitment period will be disclosed as part of the promotion or plan. If you disconnect service prior to the end of the Commitment period, you agree to pay TouchTone a recovery fee in an amount equal to the difference between the price you paid and the regular price of the good, service or other benefit you received at the time the Commitment period began. Recovery fees are cumulative, and in addition to any other charges or fees you may owe TouchTone, including any disconnection fees.

2.2 Use of Service and Device. If you subscribe to TouchTone's Business services, the Service and Device are provided to you as a business user or business traveler. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voice mail broadcasting, or fax or voice mail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal business or business travel usage patterns, or that you have at any time used the Service or the Device for any of the activities mentioned above or similar activities.

2.3 Prohibited Uses; Unlawful Uses and Inappropriate Conduct. You shall use the Service and the Device only for lawful purposes. You shall not use the Service or the Device in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. In addition, you shall not use the Service or the Device to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to the Service. We may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or TouchTone, its parent, affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such disconnection you will be responsible for all fees and charges due under this Agreement, plus a disconnection fee (if applicable), all of which will be immediately due and payable. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, TouchTone will provide customer and call detail information in response to lawful government requests, subpoenas and court orders, or law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, TouchTone reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

2.4 Use of Service and Device by Customers Outside the United States. Although we encourage you to use the Service to place calls to foreign countries from within the United States and to use the Service as you travel, TouchTone offers and supports services only in the United States and certain other countries. TouchTone Service is designed to work generally with unencumbered high-speed Internet connections. However, if the high-speed Internet connection you are using is not within a TouchTone service area, and/or your ISP or other broadband provider places restrictions on the usage of Hosted PBX service services, TouchTone does not represent or warrant that use of the Service by you as permitted by such other jurisdiction or by any ISP or broadband provider. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service resulting from such use. We reserve the right to disconnect your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device in violation of laws of jurisdictions outside of TouchTone service areas.

2.5 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all

Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all
times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks. All other trademarks are the property of their respective owners.

(b) Unauthorized Usage of Device; Firmware or Software. You (I) have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and (ii) expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

2.6 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

2.7 Theft of Service. You shall not use or obtain the Service in any manner that avoids TouchTone policies and procedures, including in an illegal or improper manner. You shall notify us immediately, in writing or by calling our Customer Service Department, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service whether or not it involves a stolen Device. TouchTone reserves all of its rights at law and equity to proceed against anyone who uses the Services or Device illegally or improperly.

2.8 Return of Device
Customers may return the Device to TouchTone if 1) you cancel services within the 30 Day Risk Free Trial period or 2) Upon termination Customer is responsible for the return of the Products to TouchTone within thirty (30) business days of termination. If any equipment is not received by TouchTone within thirty (30) days, Customer’s credit card will be charged with the full Equipment Replacement Value (which is $150 per phone/device). However, if Customer later returns the equipment, TouchTone will retain a prorated charge based on the rental equipment monthly recurring charge of the device listed on www.touchtone.net, plus applicable minimum usage requirements, taxes and the cost of repair for any damage for which Customer is responsible, and the remainder of the Equipment Replacement Value will be credited to Customer’s credit card. For more information see “Hosted PBX Equipment Rental Terms and Conditions” listed on www.touchtone.net.

2.9 Number Transfer on Service Termination. Upon the disconnection of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:
• such new service provider is able to accept such number;
• your account has been properly disconnected;
• your account is completely current, including payment for all Service charges and applicable disconnection fees; and
• you request the transfer upon disconnecting your account.

2.10 Service Distinctions. We provide this service on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, and your underlying ISP or broadband service. Other things may affect Service as well, such as maintenance. TouchTone will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between a telecommunications service and our Service, and our Service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

2.11 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.

2.12 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

2.13 Directory Listing. The phone numbers you obtain from us may not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.

2.14 Incompatibility With Other Services.
(a) Home Security Systems. The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service.
(b) Certain Broadband, Cable Modem, and Other Services. You acknowledge that the Service presently is not compatible with AOL cable broadband service, certain versions of TiVO, and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.

2.15 Customer Service. We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.

3. CHARGES; PAYMENTS; TAXES; DISCONNECTION
3.1 Billing. When the Service is activated, you must provide us with a valid e-mail address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. If your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, fees, applicable taxes and surcharges for each prescribed Service Term, in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your payment method, including, but not limited to:

(why is this down here on it’s own?)activation fees; Service fees; usage charges; international usage charges; advanced feature charges; premium services/add-ons, equipment purchases; regulatory recovery fees; Emergency 911 Cost Recovery Fee; 911 fees; Federal Universal Service Fee; federal, state and/or local taxes; disconnection fees; and shipping and handling charges.

You can learn the amount of such fees and charges by calling TouchTone Customer Service at 1-800-266-4006. TouchTone may introduce new products and services at special introductory pricing. Introductory pricing may change at TouchTone's discretion. Where required by law, notification of invoices will be sent to you via your e-mail address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $1000. TouchTone bills usage charges in six second increments that are rounded up to the next six second increment, there is a minimum of 18 (three increments) per call, unless otherwise stated. TouchTone bills fractional usage charges in full cents that are rounded up when the value is $.005 or more and down when the value is less than $.005, unless otherwise stated.

The above fees are defined as follows:
Activation Fee - This fee covers charges for setting up your account and activating you on our system.
Service Fee - This is the basic charge associated with your service. This fee includes the calling charges defined by your plan, the features associated with your plan, and basic account services.
Usage Charges - If you exceed the number of calling minutes on your plan, TouchTone will bill you for the minutes you use above your allowance. TouchTone also bills for calls to directory assistance and other information services.

International Usage Charges - These are the fees associated with calls made to locations outside of the U.S., Canada, Puerto Rico, and select countries listed on www.touchtone.net. International usage to these countries depends on your selected Service plan. For rates, please visit www.touchtone.net.

Advanced Features, Add-ons, Premium Services - TouchTone charges additional fees for enhanced features, add-ons, and other added products and services.

Equipment Purchases - In most instances, you will pay for equipment associated with your TouchTone service with a selected payment method. However, there may be occasions when TouchTone will offer you the option to bill equipment to your account.

Regulatory Recovery Fee - A regulatory recovery surcharge applies to each phone number. TouchTone uses this fee to pay our regulatory-related fees and expenses, including taxes, number portability charges, and related legal fees.

Emergency 911 Cost Recovery Fee applies to each line of service. This fee is used to recover costs directly associated with developing, implementing and maintaining a nationwide E911 in compliance with FCC regulations, 911 dialing and the national 911 emergency call center.

Taxes - TouchTone is required to bill and collect local, state and federal taxes imposed on TouchTone customers by the various taxing authorities. TouchTone passes all taxes it collects on to the appropriate taxing authority.

911 Fees - State and/or local governments may assess fees on TouchTone to pay for emergency services in your community. TouchTone bills and collects 911 fees from its customers and remits such fees to the appropriate authority. Depending on where you live, these fees can vary widely. TouchTone is committed to supporting public safety services and resources in your State. For more information, and to learn more about the fees collected in your community for emergency services, contact your state or local elected official.

Federal Universal Service Fee – A monthly charge that recovers the contributions that TouchTone, as a Hosted PBX service provider, must make to the federal Universal Service Fund (USF). This fund supports the telecommunications needs of low-income households, schools, libraries, rural hospitals, and consumers living in high-cost service areas. This fee is applied to Customer's interstate and international charges at the same rate applicable to TouchTone's USF contributions and may be subject to periodic adjustment.

3.2 Billing Disputes. You must notify us in writing within seven (7) days after receiving your statement from your bank or credit card issuer if you dispute any TouchTone charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:

Customer Service Department
Attn: Hosted PBX Service Billing Dispute
P.O. Box 135
Whippany, NJ 07981

-or- voip.support@touchtone.net

-or- 1-800-266-4006

3.3 Payment and Collection.
(a) Payment. Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee (if applicable), and any other outstanding charges, and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.
(b) Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
(c) Notices. You understand that it is difficult for TouchTone to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten (10) days advance notice from TouchTone regarding the amount that TouchTone will debit from your account. TouchTone may send you messages about your billing from time to time, but TouchTone is not obligated to do so. TouchTone may change or cease its messages at any time without notice to you.
3.4 Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee (if applicable), all of which will immediately be due and payable. TouchTone will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.

3.5 Taxes. State and local governments may assess taxes, surcharges and/or fees on your use of TouchTone service. These charges may be a flat fee or a percentage of your TouchTone charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

3.6 Disconnection Fee. You will be charged a disconnection fee of $50 per voice line if your Service is disconnected, subject to applicable state and local laws, before completion of the initial term.

3.7 Risk Free Trial; Limitations and Conditions.

(a) Residential and Business Customers. We offer a thirty (30) Risk Free Trial ("Risk Free Trial") from the date your Service is activated. We will refund the activation fee, the Service charge for the first Service Term and the disconnection fee provided that:

• You must to cancel your TouchTone Hosted PBX service phone service within 30 days of your activation date.
• Your equipment must be returned within 30 days in the original packaging with the UPC or bar code intact. You must also include all components, manuals and registration card(s).
• Equipment must be returned with a valid return authorization number which can be obtained from a TouchTone Customer Service representative by calling 1-800-266-4006 or voip.support@touchtone.net.
• Your usage must not exceed 500 minutes within the first 30 days of service. You are responsible for any overage, per minute charges for international calls, and directory assistance.
• You may not port away a new phone number (DID) provided by TouchTone if you cancel within thirty (30) days.
• Shipping and handling charges are non-refundable.
• You are responsible for return shipping of the equipment.

The Risk Free Trial will not be honored if the customer fails to meet the above requirements. Once all guidelines have been met and the equipment has been received, TouchTone will credit your account (excluding regulatory fees). If you have any questions please do not hesitate to call our Customer Service Department at 1-800-266-4006.

TouchTone may not be able to refund all applicable taxes. You will be responsible for any charges for international usage, payphone calls to TouchTone toll free numbers and directory assistance. We reserve the right to disconnect or revoke this Risk Free Trial at any time, without prior notice.

3.8 Payphone Charges. If you use any toll free feature offered either now, or in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs.

3.9 Charges for Directory Calls (411). Directory assistance is included at the then current rate. Transferred/Forwarded Directory Assistance calls will be charged at $0.75 per call.

4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
• an act or omission of an underlying carrier, service provider, vendor or other third party;
• equipment, network or facility failure;
• equipment, network or facility upgrade or modification;
• force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
• equipment, network or facility shortage;
• equipment or facility relocation;
• service, equipment, network or facility failure caused by the loss of power to you;
• outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
• any act or omission by you or any person using the Service or Device provided to you; or
• any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL TOUCHTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT
LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless TouchTone, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER TOUCHTONE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF TOUCHTONE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TOUCHTONE OR TOUCHTONE'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

4.5 Device Warranties (Does Not Apply to Business Plus Customers).
(a) Limited Warranty. Except as set forth herein, if you received a Device from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
(b) No Warranty. IF A LIMITED WARRANTY DID NOT COME WITH YOUR DEVICE, YOU ARE ACCEPTING THE DEVICE "AS IS". YOUR DEVICE IS NOT ELIGIBLE FOR REPLACEMENT, REPAIR OR REFUND AFTER THE RISK FREE TRIAL PERIOD.
(c) Retail Customer Limited Warranty. For Retail Customers only, we will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. A Retail Customer's sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 2.10. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. The Retail Customer limited warranty will also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.
(d) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.

4.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

4.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your Users’ use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content.

5. MISCELLANEOUS
5.1 Governing Law. The law of the state of your residence shall govern this Agreement as well as the relationship between you and us except to the extent such law is preempted by or inconsistent with applicable federal law. Notwithstanding the foregoing, because this Agreement evidences a transaction in interstate commerce, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision set forth below.

5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association

in accordance with its Commercial Arbitration Rules. The arbitration will take place in Whippany, New Jersey. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, NEW JERSEY.

5.3 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

5.4 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement and the rates for Services found on our website, constitute the entire agreement between you and TouchTone and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and TouchTone and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

5.5 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

6. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.touchtone.net/terms.htm. Such changes will become binding to you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.

7. PRIVACY
TouchTone Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. TouchTone is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy found on www.touchtone.net/privacy.htm for additional information.

8. EXPORT CONTROLS
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security (the "U.S. Export Controls"). Without limiting the generality of the foregoing, you expressly agrees that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or any direct product thereof to any destination, company or person restricted or prohibited by U.S. Export Controls.

9. COPYRIGHT INFRINGEMENT; DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE.
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows: TouchTone Legal Department, Attn: DMCA Notices, PO BOX 135, Whippany, NJ 07950.

Hosted PBX Rental Equipment Terms and Conditions/Exhibit and Agreement
Effective 10/21/10

1. Product and Service Description. TouchTone will provide Customer with "plug and play" Hosted PBX rental equipment("Rental Equipment") or software license offerings (collectively, "Products") and Rental Equipment maintenance ("Services") under the terms set forth in this Service Exhibit (this "Exhibit") and Agreement, Hosted PBX Equipment Rental Form ("Order Form"), as well those listed on www.touchtone.net (which may be modified at any time). Rental Equipment does not include Equipment purchased by Customer. Products and Service are subject to availability. In order to qualify to order Products and Services under this Exhibit, Customer must also purchase an accompanying TouchTone Services which are sold separately and not included in Rental Equipment. Products and Services must be configured and installed solely for use with TouchTone Services. Except as set forth in this Exhibit, capitalized terms will have the definitions assigned to them in the Agreement.

2.Products. The Rental Equipment services and pricing are only available on a Rental Equipment that supports a pre-qualified TouchTone Hosted PBX Service. Customer agrees that these items are the property of TouchTone Communications and agrees to use said devices/equipment for means of using TouchTone Services exclusively.
2.1 Delivery and Return. Products will be delivered to the Customer location that Customer identifies, in writing. Delivery of Rental Equipment will be paid for by TouchTone. Customer is responsible for cost associated for loss and or return of TouchTone's Rental Equipment should customer give TouchTone the incorrect shipping address. Upon termination Customer is responsible for the return of the Products to TouchTone within thirty (30) business days of termination. All Products will be returned in the same condition as they were on the Effective Date, normal wear and tear excepted. If the Products are not returned to TouchTone within thirty (30) business days of termination, then notwithstanding the termination, Customer will be responsible for purchasing the rented device or devices(s) at the Equipment Replacement Value of $150 per phone and/or device. In the event of damage or loss to the rental equipment for which Customer is responsible, Customer will promptly notify TouchTone and either pay (i) an amount equal to the Equipment Replacement Value, or (ii) the cost of repairing the equipment, if TouchTone determines that the equipment is repairable. If TouchTone determines that the equipment is not repairable, then option (i) above will apply. Customer understands TouchTone has no control over quality of coverage and network conditions. It is further understood that not all features can be used in all areas.
2.2 Rental Charges and Security Deposit. TouchTone reserves the right to conduct a credit review/credit check if it so deems necessary. If this is necessary, TouchTone will inform customer of said requirement before start of service. By authorizing the Hosted PBX Equipment Rental Form, Customer will authorize payment of all one-time fees as well as all equipment monthly recurring charges. If any equipment is not received by TouchTone within thirty (30) days by the end of the Rental Period, Customer's credit card will be charged with the full Equipment Replacement Value. However, if Customer later returns the equipment, TouchTone will retain a prorated charge based on the rental equipment monthly recurring charge of the device listed on www.touchtone.net, plus applicable minimum usage requirements, taxes and the cost of repair for any damage for which Customer is responsible, and the remainder of the Equipment Replacement Value will be credited to Customer's credit card.
2.3 Ownership and Use. The Products are the personal property of TouchTone, its designee or a third party provider, notwithstanding that the Products, or any part thereof, may be affixed or attached to Customer's real property or any improvements thereon. Customer has no right or interest to the Products other than as provided herein and will hold the Products subject and subordinate to the rights of TouchTone. Customer will: (a) at its own expense, keep the Products free and clear of any claims, liens, and encumbrances of any kind; and (b) make no alterations or affix any additions or attachments to the Products, except as approved by TouchTone in writing. Customer will not remove, alter or destroy any labels on the Products and will allow TouchTone the inspection of the Products at any time. As between TouchTone and Customer, Customer will bear the entire risk of loss, theft, casualty, destruction or damage to the Products following delivery from any cause whatsoever (collectively, "Product Loss"), until returned to TouchTone. Customer will indemnify, defend and hold harmless TouchTone its affiliates, and contractors for any Product Loss. Customer agrees to advise TouchTone in writing within five business days of any Product Loss. In no event will Product Loss relieve Customer of the obligation to pay TouchTone any amounts due under this Agreement.
2.3 Software. Software licensor has retained title to the software Products. The software licensor, grants Customer a software license in the software according to the licensing agreement accompanying that software, which extends only to Customer's own internal business use of such software and only on or with the designated Rental Equipment and is not transferable or sublicensable. Software must be held in confidence and may not be reproduced unless specifically authorized by the software licensor. Customer is prohibited from reverse engineering, decompiling or disassembling the Products or otherwise attempting to derive the source code of the software. All Products are subject to and Customer will comply with all the terms and conditions set forth in the software licensor's warranty and, end-user license.

3. Maintenance. All Products manufactured by third parties are subject to, and Customer will comply with, all the terms and conditions for maintenance and warranty provided by the manufacturer.
3.1 Maintenance and Safety Compliance. TouchTone or the Product manufacturer may change these Terms and Conditions at any time and that change will be effective upon posting to the web site. Customer is responsible for informing TouchTone of the existence, location and condition of any Hazardous Substances that may be in or around the TouchTone work area. "Hazardous Substance" means a substance regulated by any safety regulation and includes, without limitation, asbestos. Customer will indemnify and hold TouchTone harmless from any fines or other liability of TouchTone arising from hazardous substances.

4. Rates.
4.1 The rates and charges for Products and Services are set forth in the "Equipment Rental Forms" and are incorporated herein by reference. TouchTone may cease providing Services and demand return of Products if payment is not made when due.
4.2 Rate Changes & Discontinuance. TouchTone may discontinue providing Service or Products, or modify any or all rates or charges for Service or Products not under an Initial Term (defined below) upon 30 days written notice to Customer.
Upon expiration of the Initial Term and only if the Agreement is in effect at such time, TouchTone will continue to provide and Customer will continue to pay for the Service or Product on a month-to-month basis at the rates specified on the Equipment Rental Forms (each, a "Renewal Term").
The Initial Term and any Renewal Terms will together constitute the ("Equipment Term"). Any Renewal Term of a Product or Service will continue until the earlier of: (i) termination by either Party upon written notice not less than thirty (30) days before the expiration of the then-current Initial Term (or Renewal Term); (ii) expiration or termination of the Agreement in accordance with its terms; or (iii) extension of the Term for a specific period of time under to a TouchTone-accepted Order Form or written amendment. The license to the Products and the maintenance Service are subject to termination as provided in the manufacturer's maintenance terms and conditions and licensor's warranty and end-user license.

5. Term & Termination.
5.1 Rental Equipment Term. The "Initial Term" for each Service or Product ordered will mean the twelve (12) month twenty-four (24) month or thirty-six (36) month period of time for which a specific Service or Product will be provided by TouchTone for Customer use as specified in the applicable TouchTone accepted Equipment Rental Form ("Order Form"). 5.2 Service & Product Orders. Customer can obtain Products and Services only if Customer completes an Order Form and TouchTone accepts it. All orders are subject to availability. All Order Forms will be governed by the rates, terms and conditions set forth in this Exhibit, the Order Form, as well as those listed on www.touchtone.net (which may be modified at any time). Customer will pay all applicable charges set forth in the Equipment Rental Form plus any charges on any order form accepted by TouchTone. TouchTone may reject any Order Form in its sole discretion.
5.3 Start of Service Date. The Initial Term for Products and Services used to support a new accompanying TouchTone Service will begin upon the Start of Service Date for the accompanying Service, as "Start of Service Date" is defined in the exhibit under which TouchTone provides such Services to Customer. The Initial Term for Products and Services used to support existing TouchTone Services will begin on the date Customer accepts delivery of the Rental Equipment. If a Customer adds Rental Equipment to existing Services, the term for the associated Service will be altered to be co-terminus with the Rental Equipment Initial Term. The associated Services will not be re-rated unless all three of the following occur; (a) The specified Service to be re-rated is beyond the Service Term or Minimum Service Term specified in the original Order Form and is now receiving Service on a month-to-month basis; (b) Customer submits an Order form to have the specified Service re-rated at the same time the Service is altered to be co-terminus with the Rental Equipment Initial Term; (c) TouchTone accepts the Order From to re-price the existing Service.

6. Miscellaneous.
6.1 Insurance. Customer will, provide and maintain, at Customer's own expense, at all times following delivery of the Products, the following insurance: (a) "All-Risk" property insurance covering the Products for the full replacement value, naming TouchTone or a third party provider designated by TouchTone as a loss payee; and (b) commercial general liability insurance with limits of not less than $1,000,000 per occurrence and aggregate and naming TouchTone as an additional insured, unless such insurance is required elsewhere in this Agreement at higher limits. Such insurance will be placed with insurers who have a minimum "Best's" rating of A- VII (A- 7), and will contain a provision to give TouchTone thirty calendar days prior written notice before any cancellation or material change to that insurance. Customer will deliver to TouchTone insurance certificates evidencing such insurance prior to delivery of such Products.

Data Equipment Rental Terms and Conditions/Customer Premise Equipment (CPE) Rental Exhibit and Agreement
Effective 11/21/2008

1. Product and Service Description. TouchTone will provide Customer with "plug 'n' play" rental customer premise equipment ("Rental CPE") or software license offerings (collectively, "Products") and Rental CPE maintenance ("Services") under the terms set forth in this Service Exhibit (this "Exhibit") and Agreement, the Data Equipment Rental Form ("Order Form"), as well those listed on www.touchtone.net (which may be modified at any time). Rates may be found in the Data Equipment Rental Form. Rental CPE does not include CPE purchased by Customer. Products and Service are subject to availability. In order to qualify to order Products and Services under this Exhibit, Customer must also purchase TouchTone Dedicated Internet Services ("DIA"). Dedicated Internet and Local Access Services are sold separately and not included in Rental CPE. Products and Services must be configured and installed solely for use with TouchTone Dedicated Internet Services. Except as set forth in this Exhibit, capitalized terms will have the definitions assigned to them in the Agreement.

2. Products. The Rental CPE services and pricing are only available on Rental CPE that supports Flat Rate DS1(1.544Mbps), 2xDS1(3 Mpbs), up to 8xDS1(12 Mbps) and DS3 ports that are TouchTone DIA, TouchTone Private MPLS (Multiprotocol Label Switching), or TouchTone Enhanced Ports.

2.1 Delivery and Return. Products will be delivered to the Customer location that Customer identifies, in writing. Delivery of Rental CPE will be paid for by TouchTone. Customer is responsible for cost associated for loss and or return of TouchTone's Rental CPE should customer give TouchTone the incorrect shipping address. Upon termination Customer is responsible for the return of the Products to TouchTone within 15 business days of termination. All Products will be returned in the same condition as they were on the Effective Date, normal wear and tear excepted. If the Products are not returned to TouchTone within 15 business days of termination, then notwithstanding the termination, Customer will continue to pay all MRCs until the Products are returned to TouchTone. All amounts paid to TouchTone until such Rental CPE is returned are non-refundable

2.2 Ownership and Use. The Products are the personal property of TouchTone, its designee or a third party provider, notwithstanding that the Products, or any part thereof, may be affixed or attached to Customer's real property or any improvements thereon. Customer has no right or interest to the Products other than as provided herein and will hold the Products subject and subordinate to the rights of TouchTone. Customer will: (a) at its own expense, keep the Products free and clear of any claims, liens, and encumbrances of any kind; and (b) make no alterations or affix any additions or attachments to the Products, except as approved by TouchTone in writing. Customer will not remove, alter or destroy any labels on the Products and will allow TouchTone the inspection of the Products at any time. As between TouchTone and Customer, Customer will bear the entire risk of loss, theft, casualty, destruction or damage to the Products following delivery from any cause whatsoever (collectively, "Product Loss"), until returned to TouchTone. Customer will indemnify, defend and hold harmless TouchTone its affiliates, and contractors for any Product Loss. Customer agrees to advise TouchTone in writing within five business days of any Product Loss. In no event will Product Loss relieve Customer of the obligation to pay TouchTone any amounts due under this Agreement.

2.3 Software. Software licensor has retained title to the software Products. The software licensor, grants Customer a software license in the software according to the licensing agreement accompanying that software, which extends only to Customer's own internal business use of such software and only on or with the designated Rental CPE and is not transferable or sublicensable. Software must be held in confidence and may not be reproduced unless specifically authorized by the software licensor. Customer is prohibited from reverse engineering, decompiling or disassembling the Products or otherwise attempting to derive the source code of the software. All Products are subject to and Customer will comply with all the terms and conditions set forth in the software licensor's warranty and, end-user license.

3. Maintenance. All Products manufactured by third parties are subject to, and Customer will comply with, all the terms and conditions for maintenance and warranty provided by the manufacturer.

3.1 Maintenance and Safety Compliance. TouchTone or the Product manufacturer may change the Ts&Cs at any time and that change will be effective upon posting to the web site. Customer is responsible for informing TouchTone of the existence, location and condition of any Hazardous Substances that may be in or around the TouchTone work area. "Hazardous Substance" means a substance regulated by any safety regulation and includes, without limitation, asbestos. Customer will indemnify and hold TouchTone harmless from any fines or other liability of TouchTone arising from hazardous substances.

4. Rates.
4.1 The rates and charges for Products and Services are set forth in the Data Equipment Rental Order Form and are incorporated herein by reference. TouchTone may cease providing Services and demand return of Products if payment is not made when due.

4.2 Rate Changes & Discontinuance. TouchTone may discontinue providing Service or Products, or modify any or all rates or charges for Service or Products not under an Initial Term (defined below) upon 30 days written notice to Customer.

5. Term & Termination.
5.1 Rental CPE Term. The "Initial Term" for each Service or Product ordered will mean the twenty-four (24) month or thirty-six (36) month period of time for which a specific Service or Product will be provided by TouchTone for Customer use as specified in the applicable TouchTone accepted Data Equipment Rental Order Form("Order Form"). Upon expiration of the Initial Term and only if the Agreement is in effect at such time, TouchTone will continue to provide and Customer will continue to pay for the Service or Product on a month to month basis at the rates specified in the Data Equipment Rental Order Form(each, a "Renewal Term").
The Initial Term and any Renewal Terms will together constitute the ("CPE Term"). Any Renewal Term of a Product or Service will continue until the earlier of: (i) termination by either Party upon written notice not less than thirty (30) days before the expiration of the then-current Initial Term (or Renewal Term); (ii) expiration or termination of the Agreement in accordance with its terms; or (iii) extension of the Term for a specific period of time under to a TouchTone-accepted Order Form or written amendment. The license to the Products and the maintenance Service are subject to termination as provided in the manufacturer's maintenance terms and conditions and licensor's warranty and end-user license.

5.2 Service & Product Orders. Customer can obtain Products and Services only if Customer completes an Order Form and TouchTone accepts it. All orders are subject to availability. All Order Forms will be governed by the rates, terms and conditions set forth in this Exhibit, the Customer Premise Equipment Order Form, as well as those listed on www.touchtone.net (which may be modified at any time). Customer will pay all applicable charges set forth in the Data Equipment Rental Order Form plus any charges on any order form accepted by TouchTone. TouchTone may reject any Order Form in its sole discretion.

5.3 Start of Service Date. The Initial Term for Products and Services used to support new Dedicated Internet Services will begin upon the Start of Service Date for the DIA Service, as "Start of Service Date" is defined in the exhibit under which TouchTone provides DIA Services to Customer. The Initial Term for Products and Services used to support existing DIA Services will begin on the date Customer accepts delivery of the Rental CPE. If a Customer adds Rental CPE to existing DIA Services, the term for the associated DIA and Local Access Service will be altered to be co-terminus with the Rental CPE Initial Term. The associated DIA Services and Local Access Service will not be re-rated unless all three of the following occur; (a) The specified DIA Service and Local Access Service to be re-rated is beyond the Service Term or Minimum Service Term specified in the original Order Form and is now receiving Service on a month-to-month basis; (b) Customer submits an Order form to have the specified DIA or Local Access Service re-rated at the same time the Service is altered to be co-terminus with the Rental CPE Initial Term; (c) TouchTone accepts the Order From to re-price the existing DIA Services or Local Access Service.

5.3 Early Termination Charges. If the Agreement or any Products and Services provided hereunder are terminated by TouchTone for Cause or by Customer without Cause, after Customer submits an Order Form but prior to the expiration of the applicable Initial Term then Customer will pay to TouchTone: the following charges ("Early Termination Charges"); (a) all charges for Products and Services provided through the effective date of such cancellation; (b) an early cancellation charge of 100% of the balance of the monthly recurring charges ("MRCs") that otherwise would have become due for the unexpired portion of the Initial Term; and (c) if TouchTone granted Customer a discount or waiver with respect to any non-recurring charge ("NRC"), then the discounted or waived amount ("NRC Waiver") if applicable,

5.4 CPE Rental Upgrade. If Customer has had Rental CPE and Service for six months or more, Customer is eligible to upgrade to a higher bandwidth level under this Exhibit ("Upgrade"). All Upgrades must have the same or longer Initial Term. Upgrades to Local Access Service circuit(s), DIA Service, and Rental CPE must begin a new 24 or 36 month Minimum Service Term or Initial Term, as applicable at time of Upgrade. Customer Local Access and DIA Service will re-term at existing rates before upgrade. The cancellation charge, Early Termination Fee, Early Termination Charges, or Termination Charge, as applicable, associated with the original Local Access circuit(s), IP Transport Services, and Rental CPE will be waived as long as an upgrade solution is purchased and the Local Access circuit remains at the same service address If necessary, Customer's existing Rental CPE may be replaced to support the higher bandwidth level. If there is a replacement, the existing Rental CPE ("Original Rental CPE") associated with Customer's initial Rental CPE package; the Original Rental CPE must be returned to TouchTone within 15 business days of the installation of the new Rental CPE. Customer will continue to pay all MRCs associated with the Original Rental CPE until it is returned to TouchTone. An NRC will be charged in addition to the new MRC associated with the upgrade of CPE Rental Standard as stated in pricing exhibit the Customer Premise Equipment Order Form. Except as specifically provided in this Section 5.4, any other change in or termination of Rental CPE and Service may be subject to Early Termination Charges.

6. Miscellaneous.
6.1 Insurance. Customer will, provide and maintain, at Customer's own expense, at all times following delivery of the Products, the following insurance: (a) "All-Risk" property insurance covering the Products for the full replacement value, naming TouchTone or a third party provider designated by TouchTone as a loss payee; and (b) commercial general liability insurance with limits of not less than $1,000,000 per occurrence and aggregate and naming TouchTone as an additional insured, unless such insurance is required elsewhere in this Agreement at higher limits. Such insurance will be placed with insurers who have a minimum "Best's" rating of A- VII (A- 7), and will contain a provision to give TouchTone thirty calendar days prior written notice before any cancellation or material change to that insurance. Customer will deliver to TouchTone insurance certificates evidencing such insurance prior to delivery of such Products.

TouchTone SIP Trunking Terms of Service
Effective May 9, 2011; Updated last on 6/21/11

This Service Order Agreement (the “Agreement”, “Order Form”, “Service Agreement”, “Service Order Form”) is between TouchTone Communications, Inc. (“TouchTone”) and the Customer.  Services provided are based on the Terms and Conditions contained herein and are subject to change with updated versions of this document available for viewing and download on www.touchtone.net.  Updated versions of this document will take effect on the first date of the month following posting of the updated version, with updated versions identified with the month and year they become effective.  Customer should therefore check the site regularly for updated versions.  Customer accepts said Terms and Conditions, as acknowledged by signature on the relevant Order Form, and agrees to be bound by them.  BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS. 
Definitions: 

1.  Services Provided:  Provided that Customer is not in default of its obligations stated herein, TouchTone shall provide Customer with the Service ordered in the TouchTone Service Order Form, which Service Order Form is incorporated herein by reference, for the Service Term, the Service Term being defined in Section 9.  If Customer has purchased or leased Equipment from TouchTone or its certified third party vendor then the Customer must install Equipment in accordance with instructions provided by TouchTone (or its third party vendor).  In addition TouchTone Equipment must be used solely for the purpose of Service utilization.  Customer is solely responsible to obtain, use and operate any equipment not provided by TouchTone that may be used in association with the Service. 
2.  Service Description:  TouchTone SIP Trunking service provides local and long distance voice services via the TouchTone Network.  Monthly rate is as stated on your service agreement per SIP line (or trunk) plus any additional per minute charges to international landline or cellular numbers.  TouchTone SIP Trunking service will route between a Customer’s IP address and either the PSTN or another IP address with TouchTone delivering traffic to or receiving traffic from the Customer’s gateway device or IP-PBX via an Internet protocol connection using Session Initiation Protocol (“SIP”) signaling.  Each SIP Trunk enables a single concurrent call but can be oversubscribed with multiple TouchTone assigned DIDs being accessible via a dedicated trunk.  These services require Customer to provide their own legitimate service address.  Only TNs or TFNs provided by TouchTone, or ported to the TouchTone network, can be used in conjunction with this service.  
2.1 Unlimited SIP Trunking Service: Unlimited SIP Trunking service includes unlimited local and long distance calling throughout the Continental United States, Puerto Rico, Canada, and the U.S. Virgin Islands.  For per minute rates to all other international landline and cellular destinations refer to www.touchtone.net, or contact TouchTone Customer Service. Customers must sign and return a “Letter of Authorization” with “Credit Card Payment Approval/Authorization Form” in order to obtain service.
(2.2) Metered SIP Trunking Service: TouchTone Metered SIP Trunking service provides inbound and outbound long distance services via a DID assigned by, or ported to TouchTone, via a TouchTone IP address.  During the Order Term, Customer will pay TouchTone the rates and charges for a particular Product or Service as set forth in the Service Order Form.
(2.3.) Service Activation and Interoperability Date:  TouchTone will work with the Customer to establish an initial activation date upon which their SIP Trunk service will be activated.  Customer will be notified of the Interoperability Date by TouchTone and billing will commence on the first day service is operational, or no later than two (2) days from scheduled Interoperability Date.
3.  Service Limitations:  TouchTone SIP Trunking service does not provide Class 5 functions and features (e.g. dial tone, call waiting, call forwarding, voicemail, etc.), nor will the service provide any of the following call types:  900, 976, or 1010xxx.  Domestic and International Outbound as well as Directory Assistance calls are only available if the calls originating Automated Number Identification (ANI) is a TouchTone assigned DID or a DID that has been ported to the TouchTone network, or a DID that has been listed, by the Customer, as an ANI.  Domestic, International, as well as Toll-Free Incoming calls are only available on DIDs assigned by TouchTone or a DID that has been ported to the TouchTone network.  All special configurations are subject to TouchTone’s approval and TouchTone reserves the right to terminate this agreement where proper interoperability testing has not been completed when required.  Any traffic deemed to jeopardize the integrity of TouchTone’s network may be blocked by TouchTone at the sole discretion on TouchTone. 
(3.1)  Emergency Services Dialing:  Customer will have access to either basic 911 or Enhanced 911 (E911) as their default emergency calling service as long as the call’s originating Automated Number Identification (ANI) is a TouchTone assigned DID or DID  that has been ported to the TouchTone Network.
With E911 service, when a caller from the Customer’s registered address dials the digits 9-1-1, the TouchTone telephone number and subscriber’s Registered Address is automatically sent to the local emergency center serving your location.  911 calls are routed to designated Public Safety Answering Points (PSAPs) such as your local or county police, fire, and rescue departments. E911 automatically provides PSAPs with the telephone number of the 911 call, and is also capable of transmitting the customer's name and home address to assist in dispatching emergency care.  In limited circumstances, Customers equipped with E911 may have their calls routed to the national call center.  Please see the description below for an explanation of when this would occur and how this service operates.
With basic 911 service, when a caller from the Customer’s Registered Address dials the digits 9-1-1, the call is sent to the local emergency center serving your location. But operators answering the call will not have automatic access to the caller’s call-back telephone number or the Registered Address because the emergency center will not be equipped to receive, capture, or retain Customer’s assigned TouchTone telephone number and/or Registered Address.  Accordingly, callers must be prepared to provide both call-back and address information.  If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address.  As additional local emergency centers become capable of E911 functionalities, TouchTone will automatically upgrade customers from basic 911 to E911 service.  We will not notify Customer of the upgrade.  In limited circumstances, Customers equipped with basic 911 may have their calls routed to the national call center.  Please see the description below for an explanation of when this would occur and how this service operates.
Certain TouchTone customers do not have access to either basic 911 or E911.  If Customer does not have access to either E911 or basic 911, emergency calls placed using the digits 9-1-1 will be sent to a national emergency call center.  A trained agent at the emergency call center will ask for caller’s name, telephone number, and location and then transfer the caller to the appropriate local emergency center or otherwise determine the best way to provide emergency services to the caller.  Like Basic 911, the trained operators answering calls in the national call center will not have automatic access to the caller’s telephone number or Registered Address information because the national call center is not equipped to receive, capture, or retain Customer’s TouchTone telephone number and Registered Address, so the caller must be prepared to provide this information.  Customer’s 911 calls may also be sent to a national emergency call center if there is a problem validating the Registered Address provided by Customer during provisioning, if Customer is located in an area that is not covered by the land line 911 network, or if Customer has basic 911 or E911 service but these call fails to complete and are routed to the national emergency call center for failover purposes.
DISCLAIMER OF LIABILITY:
CUSTOMER ACKNOWLEDGES AND AGREES THAT TOUCHTONE’S SIP TRUNKING SERVICE IS INTERNET BASED, AND THAT 911 OR E911 SERVICES ARE DIFFERENT THAN THAT OF TRADITIONAL WIRELINE SERVICE; AND THAT THESE SERVICES WILL BE UNAVAILABLE SHOULD THEY LOSE POWER OR INTERNET ACCESS.  IN ORDER FOR CUSTOMER TO HAVE ACCESS TO 911 AND/OR EMERGENCY SERVICES, CUSTOMER MUST PURCHASE A PSTN CONNECTION FROM THE LOCAL EXCHANGE CARRIER, OR SIMILAR SERVICE PROVIDER.  CUSTOMER FURTHER AGREES THAT THE ABSENCE OF THIS FEATURE HAS BEEN FAIRLY AND ACCURATELY DESCRIBED, BEFORE AND AFTER THE INSTALLATION OF TOUCHTONE SIP TRUNKING SERVICE.  FOR BASIC 911 OR E911 TO BE ACCURATELY ROUTED TO THE APPROPRIATE EMERGENCY RESPONDER, THE CUSTOMER MUST PROVIDE THE TN ASSOCIATED WITH THE SIP TRUNKING SERVICE FOR THE REGISTERED ADDRESS, IN THE ‘USERPART’ OF THE ‘FROM URI’ CONTAINED IN THE SIP ‘FROM’ HEADER.
CUSTOMER ACKNOWLEDGES THAT TOUCHTONE’S SIP TRUNKING SERVICE MAY NOT SUPPORT BASIC 911 OR E911 DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE.  CUSTOMER AGREES TO INFORM OF THE POTENTIAL COMPLICATIONS ARISING FROM BASIC 911 OR E911 DIALING.  SPECIFICALLY, CUSTOMER ACKNOWLEDGES AND AGREES TO INFORM ALL EMPLOYEES, GUESTS, AND OTHER THIRD PERSONS WHO MAY USE THE SERVICE THAT BASIC 911 AND E911 SERVICES WILL NOT FUNCTION IN THE CASE OF A SERVICE FAILURE FOR ANY OF THE FOLLOWING REASONS: (A) POWER FAILURES, (B) SUSPENDED OR TERMINATED HIGH SPEED INTERNET SERVICE, (C) SUSPENSION OF SERVICES DUE TO BILLING ISSUES, AND/OR (D) ANY OTHER SERVICE OUTAGES NOT DESCRIBED HEREIN.  CUSTOMER FURTHER ACKNOWLEDGES THAT FAILURE TO PROVIDE A CORRECT PHYSICAL ADDRESS IN THE REQUISITE FORMAT MAY CAUSE ALL BASIC 911 OR E911 CALLS TO BE ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.  FURTHERMORE, CUSTOMER RECOGNIZES THAT USE OF THE SERVICE FROM A LOCATION OTHER THAN THE LOCATION TO WHICH THE SERVICE WAS ORDERED, I.E., THE “REGISTERED ADDRESS,” MAY RESULT IN BASIC 911 OR E911 CALLS BEING ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.
Limitation of Liability and Indemnification: As described herein, TouchTone SIP Trunking Service is NOT the same as traditional 911 or E911 dialing, and does not necessarily include all of the capabilities of traditional 911 and E911 dialing.
YOU ACKNOWLEDGE AND UNDERSTAND THAT TOUCHTONE'S ENTIRE LIABILITY IS LIMITED TO THE PRICE OF THE SERVICES PROVIDED. IN NO EVENT SHALL TOUCHTONE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF TOUCHTONE'S SERVICES INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT OR TO THE SERVICES PROVIDED BY TOUCHTONE (INCLUDING, BUT NOT LIMITED TO TOUCHTONE’S VoIP SERVICES AND/OR INABILITY OF YOU OR ANY USER OF YOUR TOUCHTONE VoIP SERVICE TO BE ABLE TO DIAL 911, TO ACCESS EMERGENCY SERVICE PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR TO CORRECTLY ROUTE AN EMERGENCY CALL IF YOU MOVE YOUR EQUIPMENT OUTSIDE OF YOUR SERVICE ADDRESS) UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT ON THE PART OF TOUCHTONE OR ITS UNDERLYING SERVICE PROVIDERS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TOUCHTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER UNDERLYING SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR TOUCHTONE VoIP SERVICE.
Release: By purchasing TouchTone’s SIP Trunking Service and signing the VoIP E-911 Service Form during your sign up process, you acknowledge that you have read and understand, and agree to the terms and conditions of this Agreement and that you hereby expressly release TouchTone, its directors, officers, employees, agents and underlying service providers from any and all liability associated with your use of TouchTone’s VoIP Services.
Sole Remedy: Customer’s sole and exclusive remedies are expressly set forth in this VoIP E-911 Service Form. Some jurisdictions may not permit the exclusion or limitation of implied warranties, and some jurisdictions may not permit the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such jurisdictions, the liability of TouchTone, its directors, officers, employees, agents and underlying service providers shall be limited to the maximum extent permitted by law.
Additional: CUSTOMER ALSO ACKNOWLEDGES A $250 charge per call will apply if a non-e911 DID dials/outpulses 911.        3.2 Faxing:  TouchTone SIP Trunking Service does not support faxing over IP, or faxing of any type.  While Customer is welcome to use TouchTone SIP Trunking service for faxes, Customer understands that it is an AS-IS service and support, beyond basic assistance, cannot be given.  Customer understands that TouchTone suggests customer acquires a land-line with their Local Exchange Provider (LEC) that is connected to the PSTN for use with Faxing. 
3.3 Alarm Systems and Modems:  TouchTone SIP Trunking Service is NOT compatible with alarm systems and modems.  Customer understands that TouchTone recommends purchasing a land-line with their Local Exchange Carrier (LEC) for their market connected to the PSTN for use with any alarm system. 
3.4 Service Moves:  TouchTone Service requires a contracted Service Address.  TouchTone Services may not be moved from a contracted Service address without written notification from the customer to TouchTone.  Should Customer fail to notify TouchTone of a service move then TouchTone, at its sole discretion, may immediately suspend Customer service until such time as a Customer Move Order is processed.  Customer understands that continuation of existing DIDs may be restricted by the location of the moved service. 
3.5. Service Outages: 
(3.5.a) Service Outages Due to Power Failure or Disruption:  If there is an interruption in the power supply, the Service will not function until power is restored.  Following a power failure or disruption, you may need to reset or reconfigure the CPE prior to utilizing the Service. 
(3.5.b) Service Outages Due to Internet Outage, Suspension, or Disconnection of High speed Internet Service or Internet Service Provider ("ISP") Service:  Service outages or suspensions or disconnections of service by your high speed Internet provider or ISP will prevent the SIP Trunk Service from operating. 
(3.5.c) Service Outage Due to Suspension or Disconnection of Your TouchTone Account:  If the Customer’s account is suspended for any reason SIP Trunking Service will cease to work. 
(3.5.d) Service Outages Due to ISP or High speed Internet Provider Blocking Ports or Other Acts:  You’re ISP, high speed Internet provider, or other third party may intentionally or inadvertently block the Internet ports over which the Service is provided or otherwise impede the usage of the service.  If you suspect that this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue.  During the period that the ports are being blocked or your service is impeded, your service may not function.  You acknowledge that TouchTone is not responsible for the blocking of ports by any third party or any other impediment to your usage of the service, and any loss of service which may result.  In the event you lose service as a result of the blocking of ports or any other impediment to your usage of the service, you will continue to be responsible for payment of the service charges unless, and until, you disconnect the service in accordance with this Agreement. 
(3.6.e) Other Service Outages:  If there is a service outage for any reason, such outage will prevent all service from functioning.  Such outages may occur for a variety of reasons, including, but not limited to, the reasons described elsewhere in this Agreement. 
4.  Service Availability:  The Service is available throughout the Service Term, except in the case of scheduled maintenance of the TouchTone network and/or its underlying carrier’s network.  TouchTone will use commercially reasonable efforts to provide prior notification via electronic mail (“email”) to Customer regarding any scheduled maintenance of Service.  TouchTone may interrupt Service for unscheduled emergency maintenance without notice to Customer or Customer’s customers. 
5.  Interoperability Requirement:  Customer must complete the Interoperability Worksheet/Certificate provided to them to identify all necessary interoperability requirements.  TouchTone takes no responsibility for installation or configuration of customer Phone System, or any responsibility related to connecting a customer’s Phone System to any TouchTone provided equipment.  TouchTone is not responsible for Service availability should Customer fail to complete the Interoperability Worksheet/Certificate. 
6.  IP originated and Terminated Traffic:  All user traffic must be IP originated or IP terminated.  “IP Originated” shall mean voice traffic which Customer represents and certifies as utilizing TCP/IP as a transmission protocol from the Customer’s originating equipment (i.e. SIP PBX, SIP Gateway, etc.) to a TouchTone gateway.  Traffic identified as non-IP originated is subject to an additional $0.05 per minute charge.  “IP Terminated” shall mean voice traffic which Customer represents and certifies as having the ability in utilizing TCP/IP as a transmission protocol from a TouchTone gateway to Customer’s equipment (i e. SIP PBX, SIP Gateway). 
7.  Porting Numbers:  TouchTone will require a completed and signed Letter of Authorization (“LOA”) for any TNs or toll free numbers the customer wishes to port.  In addition, TouchTone will require a recent, applicable copy of the Customer’s current phone bill which contains the Customer’s Billing Telephone Number (“BTN”) as well as a record of any numbers that need to be ported.  Necessary LOA(s) and Bill Copy(s) must be received by TouchTone before TouchTone initiates the port request. 
8.  Service Agreement Term and Service Term:  The initial Service Agreement Term shall be at least one (1) month and up to three (3) years from the Effective Date of the unique, or any, Service Order Form(s) signed by Customer, with the specific initial Term of the Service Agreement as stated on each such Order Form.  The term of the Service Agreement will automatically renew for successive initial term period, or one (1) year, whichever is less, unless terminated in writing by TouchTone or by Customer pursuant to the Termination Section of this Agreement at least thirty (30) days prior to the expiration of the then existing Term of the Service Agreement.  The initial Service Term for any TouchTone service(s) provided to Customer shall be at least one (1) month and up to three (3) years from the Service Commencement Date depending on the Service Term stated on the unique, or any, Order Form(s) signed by Customer.  Upon expiration of a Service Term for a particular Service(s), the Service Term will automatically renew for successive initial term periods, or one (1) year periods, whichever is less, unless terminated in writing by TouchTone or by Customer pursuant to the Termination Section of this Agreement at least thirty (30) days prior to the expiration of the then existing Service Term.  When the Term of the Service Agreement expires or is terminated, existing Services continue in effect for the remainder of the Service Term(s) and will continue to be governed by the Agreement.  In the event of automatic renewal, TouchTone reserves the right to:  (i) maintain the same prices and rates for the Service(s) as stated on affected Service Order Form or (ii) terminate the Service(s) as stated on affected Service Order Form or (iii) modify prices and rates for the Service(s).
9.  Service Support:  TouchTone provides support for the Services as described at www.touchtone.net.  TOUCHTONE DOES NOT SUPPORT CUSTOMER SERVICES BEYOND THE TOUCHTONE POINT OF DEMARCATION. 
10.  CPE Purchase, Maintenance, Support, and Repair:  Please see CPE Terms and Conditions found at www.touchtone.net. 
11.  Charges for Service:  The monthly recurring charge(s) (“MRC”) and any non-recurring charge(s) (“NRC”) for Service is stated in said Service Order Form.  Service charges are exclusive of applicable taxes and surcharges, including the Federal Universal Service Fund surcharge that TouchTone passes on to its Customers if it is charged to TouchTone.  TouchTone reserves the right to review the Customer’s credit worthiness. At its sole discretion, TouchTone may require a security deposit to continue providing Service should Customer’s credit profile be unacceptable in TouchTone’s opinion.  Additionally, at its sole discretion, TouchTone reserves the right to demand immediate payment by federal wire or transfer and block Customer’s voice traffic should TouchTone determine Customer’s usage exceeds their approved level of credit.  Except for items outlined in this agreement, TouchTone shall not increase pricing during the initial Term of a Customer Order, but thereafter TouchTone may increase pricing upon at least thirty (30) days’ written notice.  All rates and charges are subject to change immediately in the event there are mandated surcharges or taxes imposed by federal, state or governmental agency.  Notwithstanding the foregoing, in the event of Regulatory Activity, TouchTone reserves the right, at any time with as much advance written notice as reasonably possible and without liability, to:  (I) pass through to Customer all, or a portion of, any changes or surcharges or taxes directly or indirectly related to such Regulatory Activity; (ii) modify the Service, rates (including any rate guarantees), promotions, terms and/or conditions of this Agreement in order to conform to such action; or (iii) if such Regulatory Activity materially and adversely impairs the provision of Service under the Agreement, as reasonably determined by TouchTone, terminate the Agreement. 
Your first invoice will include partial/prorated monthly charges, a one month in advance service charge, and any one time set up fees. For each month thereafter, customers will be billed at the price listed on the Service Agreement for any monthly recurring charges on the first week of each month for the next 30 days of service and will be billed on the first week of each subsequent month for Services for the next 30 days, plus any charges which were accrued previously for any overages.  If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due and payable.  Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid accrued charges due in relation to the Agreement.
12.  Billing Disputes:  In the event Customer disputes any invoiced charges, Customer shall pay in full all charges invoiced by the Due Date and submit written notification in the form of an email sent to voip.billing@touchtone.net, with “Notice of Billing Dispute” in the subject line of the email.  Such email notification must include the Customer’s contact information, the specific dollar amount in dispute, detailed supporting reasons for the dispute, and any supporting documentation if available.  TouchTone shall respond to Customer, in writing, within thirty (30) calendar days of receiving a dispute notification from Customer.  Any dispute resolved in favor of Customer shall be credited as appropriate on the next available invoice.  In the event that any disputed amounts are deemed to be correct as billed and in compliance with this Agreement, Customer shall be notified in writing that the charges have been deemed valid and legitimate, and the dispute will be considered resolved by both parties; in such cases, if there should be any amount due from Customer related to the dispute, then all such amounts shall be due and payable immediately.  Provider reserves the right to deny or delay any and all billing disputes and/or credits if the Customer’s account is in arrears or otherwise not in good standing. 
13.  Additional Charges: 
Set Up Fee: Set up fees may apply. See Service Agreement for details.
Disconnect Charges:  For any request to disconnect or port out a TouchTone assigned TN, a one-time charge of $5 per TN may apply. 
LNP Charges:  For cancelled LNP requests more than 48 hours before the FOC (Firm Order Commitment) Date, a one-time charge of $6 per TN may apply.  For cancelled LNP requests within 48 hours of FOC, a one-time charge of up to $75 per TN may apply.  For any request to reinstate a newly ported phone number to the original carrier within 24 hours, a one-time charge of up to $300 per number will be assessed. 
Payphone Surcharges:  In the event the Customer’s 8XX Toll-Free TN receives any inbound calls originating from a Payphone, these calls will be subject to a charge per call.  The charges are based on regulated FCC Payphone Compensation rules.  These regulatory charges (approximately $0.60 per call) will be passed through directly to the customer.
Call Duration Thresholds:  Customer agrees that 90% of all incoming and outgoing calls shall have a six (6) second or greater call duration.  If 10% or more of Customer’s completed calls are equal to or less than six (6) seconds in length during any billing cycle then TouchTone reserves the right to charge, and Customer shall pay, a $0.01 charge per short duration call.  This charge will be in addition to Customer’s current rates.  Enforcement will not be automatic, but will be at the discretion of TouchTone, should Customer have less than 90% of all calls as having duration of higher than 6 seconds in any given month.  Individual products may have alternate call duration thresholds. If the service agreement or order form contains specific call duration thresholds then those thresholds found on that service agreement or order form will supersede those found in these Terms and Conditions.
Inbound Minute Thresholds:  If you have subscribed to TouchTone’s SIP Trunking Unlimited Service, the Service is provided to you as a business user.  You are not to resell or transfer the service to any other person for any purpose, without express written permission from TouchTone in advance.  You agree that the TouchTone plan does not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting, internet connections or other data applications (including access to corporate LANs).  TouchTone reserves the right to immediately terminate or modify the Service, if TouchTone determines, in its sole discretion, that Customer’s service is being used for any of the aforementioned activities, or any other activities that would be inconsistent with normal usage patterns.  If TouchTone determines that the usage is not consistent with normal voice applications, the Customer shall forfeit eligibility for rates under this plan, and TouchTone may adjust the charges to the “SIP Trunking Unlimited” plan, and all other calls, to reflect TouchTone’s standard rates per minute.  This may be done at the discretion of TouchTone.
Long Distance Minimum Threshold:  For TouchTone’s SIP Trunking Metered Service, for any month in which the Customer does not accrue total usage charges greater than or equal to ten dollars ($10) per SIP Trunk, TouchTone reserves the right to charge Customer for any shortfall up to ten dollars ($10) per SIP Trunk.  For example if Customer currently has 10 TouchTone SIP Trunks and in any given month accrues only $82 in total usage charges, TouchTone reserves the right to invoice Customer for the shortfall amount of $18.  The enforcement of this minimum threshold is at the discretion of TouchTone should the customer’s long distance usage not reach the minimum threshold in any given month.  Individual products may have alternate long distance minimum thresholds. If the service agreement or order form contains specific long distance minimum thresholds then those thresholds found on that service agreement or order form will supersede those found in these Terms and Conditions.
Call Rating:  All calls shall be rated as intrastate, interstate or international long distance.  This distinction of interstate versus intrastate versus international long distance will be determined based on the Originating Automatic Number Identification (ANI) and Terminating ANI provided in the call signaling.  TouchTone utilizes the value in the ‘FROM’ field in the SIP header as the Originating ANI for establishing the jurisdiction of the call (i.e. interstate versus intrastate versus international).  However, in the event a value is present in any of the SIP header fields used for caller id (e.g. Remote Party ID, P-Assert-Identity), TouchTone may use this in lieu of the “FROM” field as the Originating ANI to determine the jurisdiction of a call.  If TouchTone cannot accurately rate a call due to an invalid or omitted Originating ANI, and its rating jurisdiction is not international, TouchTone will default to rating the call at the prevailing intrastate long distance rate.  TouchTone will determine the originating or terminating carrier by evaluating the Terminating ANI down to the NPA-NXX-X level.  Customer is also required to maintain the originating ANI for all outbound calls and abstain from any level of ANI manipulation in the call signaling. 
International Rates:  If no rate schedule is attached, international rates are available at www.touchtone.net. International per minute rates are subject to change and Customer should check for updates on a regular basis.  TouchTone reserves the right to restrict dialing to high cost and/or high fraud international routes.  Customers may request to have this block removed by filling out and submitting an International Block Waiver form found at www.touchtone.net. 
Interstate Rates:  All interstate dialing will be billed at the quoted per minute rate as indicated on your Service Agreement. Rate information can be found at www.touchtone.net  and are subject to change and therefore, should be checked by Customer frequently.  Interstate rates are determined based on the State and/or jurisdiction of the ANI that is being out-pulsed by the Customer’s equipment compared to the State and jurisdiction of the dialed number.  If both the out-pulsed ANI and the dialed number are not within the same State, then the call is considered interstate. If the call jurisdiction is considered indeterminate, the calls will be billed at the intrastate rate.
Intrastate Rates:  All intrastate dialing will be billed at the quoted per minute rate as indicated on your Service Agreement. Rate information can be found at www.touchtone.net  and are subject to change and therefore, should be checked by Customer frequently.  Intrastate rates are determined based on the State and/or jurisdiction of the ANI that is being out-pulsed by the Customer’s equipment compared to the State and jurisdiction of the dialed number. If both the out-pulsed ANI and the dialed number are within the same State, then the call is considered intrastate.
8XX Toll Free Inbound Rates:  800 origination service is only available to 8XX Toll Free DIDs provided by or ported to TouchTone’s network.  800 inbound calls are billed at the quoted per-minute rate as indicated on your Service Agreement, with the exception of calls originating from the following extended locations.  The per-minute rates for these locations are subject to change at any time.  Customer should check these rates on a frequent basis. 

Directory Assistance:  TouchTone’s SIP Trunking service may provide Directory Assistance (i.e. 411, XXX5551212).  Specific per call or per minute of use rates may apply. 
RBOC / Wireless Thresholds for Flat Rate Charges:  Customer agrees to maintain at least 70% of all domestic terminating traffic to a Regional Bell Operating Company ("RBOC") or Wireless PSTN providers. TouchTone shall have the right to apply a $0.04 per minute surcharge to the number of domestic minutes by which Non-RBOC "terminations" exceed 30% of total monthly terminating service minutes. A list of RBOC OCNs will be provided to the customer upon request. Individual products may have alternate RBOC/Non-RBOC thresholds. If the service agreement or order form contains specific RBOC/Non-RBOC thresholds then those thresholds found on that service agreement or order form will supersede those found in these Terms and Conditions.
14.  Billing Increments:  Billing increments are set forth below. 

                                       
15. Billing and Payment:  TouchTone shall invoice Customer for Service rendered at the rates stated in said Order Form.  Invoices shall include all applicable federal, state, and local taxes.  All such taxes, and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees, miscellaneous fees, and surcharges, whether charged to or against TouchTone, Inc. which shall be payable by the Customer.  However, if Customer provides proof of its specific tax exempt status, TouchTone shall not charge applicable taxes due to such exemption.  Customer shall supply TouchTone a valid and properly executed tax exemption certificate(s).  In such cases the Customer remains responsible for, and agrees to pay, any and all remaining non-exempt charges; tax exemption status validation is solely the responsibility of the Customer and TouchTone will not be obligated to consider any retroactive tax exemption.  TouchTone shall commence billing for the monthly recurring charges and usage (the Service) on the Service Commencement Date.  Your first bill may be higher than you expected. First and second month charges for the recurring Service(s) are billed upon Service Commencement.  Where applicable, service charges for the first partial month of service will be pro-rated and billed.  Call usage charges are billed after the actual calls and usage has occurred.  Payments are due within thirty (30) days of the invoice date.  After thirty (30) days of nonpayment, all fees will accrue interest at a rate of one and one-half percent (1.5%) per month or any part thereof, or the highest rate allowed by applicable law, and customer shall pay all collection costs incurred by TouchTone (including, without limitation, reasonable attorney’s fees).  At any point beyond provided invoice due date, where Customer has failed to make satisfactory payment as so judged by TouchTone, then TouchTone may give Customer written notification that Customer has committed a material breach of the Agreement due to non-payment.  Said notification will be provided a minimum of five (5) business days prior to Service suspension or termination.  Customer must pay all outstanding charges, within said notice period, to avoid suspension or termination of Service.  If Service is terminated due to non-payment, then the Termination fees described in the Material Breach Section shall apply.  In its sole discretion, TouchTone may:  (I) require a security deposit to continue the provisioning of Service(s) if Customer’s approved level of credit is deemed insufficient; (ii) change payment terms, billing cycle, and/or Due Date; (iii) demand immediate payment by wire or other means and discontinue Service(s) without notice should Provider determine Customer’s usage exceeds their approved level of credit; (iv) immediately block Customer’s Service(s) if a Customer’s pre-paid balance is depleted or is at a level that cannot cover Customer’s estimated traffic during the time required for the Customer to replenish their prepaid balance, or if Customer refuses to make any requested payments.  TouchTone retains the right to bill, including any amended or corrected billing, for the Service(s) for a period of up to twelve (12) months, commencing from the date the billed Service(s) were provided to Customer.  TouchTone shall retain such billing rights for this twelve (12) month period notwithstanding any prior billing to Customer for the same period(s) and regardless of any otherwise conflicting billing conditions in this Agreement.  Customer agrees that for the duration of this twelve (12) month period, TouchTone shall not be deemed to have waived any rights with regard to billing for the provided Service(s) that are subject to this period, nor shall any legal or equitable doctrines apply, including estoppels or laches. 
16.  Resumption of Service:  If Customer requests that Service be restored after a suspension or termination, TouchTone has the sole and absolute discretion to restore such Service and may condition restoration upon satisfaction of such conditions as TouchTone determines is necessary for its protection, including requiring Customer to execute a new agreement, pay all past due statements in full, pass TouchTone’s credit approval, and/or make advance payments.  New nonrecurring charges also may apply to restore Service. 
17.  Additional NRC (if applicable):  In addition to the standard NRC listed above, the following NRCs, if applicable, will apply: 
Service Reinstatement Fee:  $200.00 plus any charges imposed by underlying carrier(s)
Missed Appointment Fee:  $200.00
Rejected Credit Card/Unpaid Check:  $40.00 (or legal limit)
Relocation:  Relocation within same rate center is $75.00; Relocation to new rate center is $275.00
Upgrade Charge:  Dependent on specific upgrade
Downgrade Charge:  Dependent on specific downgrade
18.  Inside Wiring for VoIP Component:  It will be the customer's responsibility to provide any needed internal wiring or extensions (and required conduit, facilities, power, etc) for the Equipment and phones required to use the service. 
19.  Material Breach:  TouchTone or Customer may terminate this Agreement and the Service(s) provided hereunder in the event of a material breach that is not cured within thirty (30) days following the delivery of written notice specifying said breach, except in the case of serious material breaches, so judged by TouchTone.  Such notice from Customer must be in the form of an email sent to voip.support@touchtone.net, with “Notice of Material Breach” in the subject line of the email and Customer’s contact information and detailed explanation, including supporting documentation if available, in the body of the email.  Such notice from TouchTone shall be in the form of an email to the Customer.
(19.1) In the event of an uncured material breach by TouchTone:  The Agreement and Service(s) shall be terminated without further liability to the Customer, however, in such cases Customer shall remain responsible for a lump sum equal to:  (a) the applicable monthly charges, plus (b) charges for Service(s) actually and properly received prior to the date of Breach notification, (c) one hundred percent (100%) of the past due balance at the time of termination, and (d) any non-recurring charges originally waived by TouchTone. 
(19.2) In the event of an uncured material breach by Customer:  If the customer is found to be in material breach, such as early termination of this Agreement, the following termination fees shall apply:   (a) the applicable monthly charges and monthly minimums usage requirements (b) an early termination fee of $50 per voice line if your Service is canceled before completion of the term (this fee is subject to applicable state and local laws) (c) charges for Service(s) received prior to the date of Breach notification, (d) one hundred percent (100%) of the past due balance at the time of termination, and (e) any non-recurring charges originally waived by TouchTone.  Customer understands that these fees are not a penalty, but are part of our rates and/or actual costs incurred by TouchTone.  
20.  Termination:  Upon termination of the Service Agreement and/or the Service(s) not due to a material breach, TouchTone will disconnect, or will cause to be disconnected, the Service(s) if notified by the Customer in writing via email to voip.support@touchtone.net, or fax, with confirmation of receipt, no less than thirty calendar (30) days notice prior to termination of the Agreement and/or Service(s).  In all such cases, Customer retains the sole responsibility for notifying TouchTone of any and all requests for termination or disconnection of Service(s), including but not limited to the porting out of billable telephone numbers (also referred to as “DIDs”), whether port outs are known or unknown by Customer; and, Customer remains responsible for all billable charges related to terminated Service(s) until TouchTone is notified in writing as specified.  Any request by Customer for cancellation or termination at any time within the Service Agreement Term and/or Service Term set forth in this Agreement, including:  prior to installation, or at any time prior to the Service Commencement or Activation Date, or in the case of early termination by Customer, will be considered a Material Breach by the Customer and shall be subject to the applicable Material Breach provisions as outlined in the Material Breach section of this agreement.  In the event TouchTone determines, in its sole discretion, that Customer’s ongoing use of Service(s) or the specific method or technology utilized by the Customer places TouchTone’s network, other customers, partners or the overall businesses of each in jeopardy, TouchTone reserves the right to terminate Service(s) immediately without notification.  TouchTone reserves the right to increase pricing with thirty (30) days written notice. In this event, Customer has the option to terminate the Agreement without penalty. Customer will still be responsible for any applicable monthly charges for services rendered, and one hundred percent (100%) of the past due balance at the time of termination.
21.  LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
(21.1) Limitation of Liability:  We will not be liable for any delay or failure to provide the Service, including 911 or E911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 

Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period. 
IN NO EVENT WILL TOUCHTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,  AGENTS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING THE INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 OR E911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP, OR ANY OTHER ASPECT OF THE SERVICE.  THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. 
(21.2) Indemnification:  You shall defend, indemnify, and hold harmless TouchTone, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees)
 by, or on behalf of, you or any third party or user, authorized or not, of the Service, anything relating to the Services, including, but not limited to, Network Availability, 911 or E911 Dialing, or the CPE.
(21.3) No Warranties on Service:  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS.  WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION.  NEITHER TOUCHTONE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF TOUCHTONE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE.  STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TOUCHTONE OR TOUCHTONE'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. 
22.  Survivability:  The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
23.  Miscellaneous:  Customer acknowledges and understands that Customer is to receive the Service detailed in this Agreement and the Customer is not relying on any affirmation of fact, promise or description from any person or entity, nor any other oral or written representation other than what is contained in this Agreement.  Handwritten alterations or additions to this agreement made by Customer will not be considered part of this Agreement.  This Agreement may only be modified, or any rights under it waived, by a separate written document executed by both parties.  This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the State of New Jersey without reference to its choice of law principles.  For any action or suit to enforce any right or remedy of this Agreement, (except for actions to enter or collect on judgments) the parties consent to exclusive jurisdiction and venue in the courts of  Morris County, New Jersey and the prevailing party shall be entitled to recover its costs, including reasonable attorney’s fees.  In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail.  Customer may not assign this Agreement without TouchTone’s prior written consent.  This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.  If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.  Customer signatory certifies that (s)he is an officer or certified representative of the Customer, and as such is authorized to enter into this binding Agreement.  In the event any specified time frame or deadline denotes calendar days, it is agreed that when the last date of required action or response falls on a weekend or holiday, the action and/or deadline shall automatically extend to the next business day.  Agreement headings are provided for reference purposes only.  Any failure by TouchTone to enforce any right shall not be deemed a waiver of any such right. 
THIS AGREEMENT, TOGETHER WITH ANY ATTACHMENTS, INCLUDING ANY SCHEDULES, ADDENDUMS, PRICE LISTS, SERVICE ORDERS, TERMS AND CONDITIONS, SERVICE LEVEL AGREEMENTS, AND ACCEPTABLE USE POLICIES, WHICH MAY BE POSTED AT  WWW.TOUCHTONE.NET, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE, CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE CUSTOMER AND TOUCHTONE, INC, WITH RESPECT TO THE SERVICE(S) PROVIDED HEREIN.  CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT CUSTOMER IS NOT RELYING ON ANY AFFIRMATION OF FACT, PROMISE OR DESCRIPTION FROM ANY PERSON OR ENTITY, NOR ANY OTHER ORAL OR WRITTEN REPRESENTATION OTHER THAN WHAT IS CONTAINED IN THIS AGREEMENT AND ANY INCORPORATED DOCUMENTS. 
24.  Acceptable Use Policy:  All use of Service must comply with TouchTone’s Acceptable Use Policy (“AUP”), which is posted at www.touchtone.net, and is incorporated herein by reference.  By accepting TouchTone Service, Customer agrees to comply with this AUP and any subsequent modifications thereto.  TouchTone reserves the right to modify this AUP from time to time, effective upon posting the AUP as modified at the URL shown above.  Violation of the AUP shall be considered a material breach of this Agreement pursuant to Section 23. 
25.  RFC 3621 Compliance:  This service is based on RFC 3261 – “SIP-Session Initiation Protocol” and requires Customer to conform to this standard.  In the event TouchTone determines that Customer is in violation of RFC 3261 and this violation prevents TouchTone from accurately rating or billing Customer’s calls, TouchTone reserves the right to bill the customer based on their estimated usage and rates, based on TouchTone’s discretion. 
26.  Resale Prohibition:  The Service provided shall be for Customer use only with no authorization for the Customer to resale service to others.  Customer agrees to comply with said prohibition and understands should Customer fail to adhere to this provision TouchTone shall immediately terminate Customer’s service.  Additionally, TouchTone shall find Customer in breach of contract with full termination penalties due as outlined in sections 20-21 of this agreement.  Customer will also be liable for any additional charges and damages which may be incurred as a result of unauthorized resale. 
27.  Dispute Resolution Process and Applicable Law: 
(27.1) Arbitration:  It is the mutual desire of the parties to promptly and fully resolve any dispute arising in connection with this Agreement in good faith, confidentially, and informally with minimal transaction costs and no public statement may be made by any party regarding any such dispute.  If either party determines that the dispute cannot be resolved informally, then such party shall initiate an escalation process by giving written notice (“Escalation Notice”) to the other party.  Each party shall name one executive as its representative, to be a person knowledgeable of the subject matter in dispute and someone with authority to discuss the dispute (hereinafter the “Officers”).  The Officers shall meet in person or by conference call, together with any persons assisting them, within fifteen (15) days after delivery of the Escalation Notice.  All negotiations conducted by the Officers are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and any state rules of evidence.  The Officers shall conduct such additional meetings as they deem necessary to exchange relevant information, will appoint staff to engage in resolution of any disputed facts, and will attempt to resolve the dispute.  Should the Officers be unable to resolve the dispute within such fifteen (15) days, or within such additional time as the parties may otherwise agree to in writing, either party may demand mediation, whereupon the parties shall, in good faith, mediate the dispute no later than thirty (30) days after such demand through the services of a mutually selected mediator, the cost of whom shall be borne equally by the parties, at a date and location selected by the mediator after consultation with the parties.  If the dispute is not resolved after applying the escalation procedures set forth above, the parties agree to waive any right to trial by jury in any judicial proceeding arising under or related to the subject matter of this Agreement, and agree to submit all controversies, claims and matters of difference to arbitration according to the commercial rules and practices of the American Arbitration Association (“AAA”).  Arbitration hereunder shall occur within sixty (60) days of the date of submission before a single neutral arbitrator having significant experience in the subject matter of this Agreement and who will selected in accordance with AAA rules.  Arbitration proceedings shall take place in Morris County, New Jersey.  Discovery shall be permitted, including the use of interrogatories, requests for admission and production of documents and depositions.  If the amount claimed to be in dispute is less than $500, 000 all applicable expedited procedures of the AAA shall apply.  The arbitrator’s fees and costs of the arbitration shall be borne by the party against whom the award is rendered, except that if the arbitrator issues a split decision, granting partial relief to both parties, the arbitrator shall equitably allocate the arbitrator’s fees and other costs.  Each party shall pay its attorney’s fees related to any dispute related to this Agreement.  The arbitration award shall be final and binding on both parties of this Agreement, shall not be subject to any appeal and shall be enforceable in any court of competent jurisdiction. 
(27.2) Governing Law:  This Agreement shall be governed by, construed under and enforced in accordance with the laws of the State of New Jersey without reference to its choice of law principles.  In the event any party brings a civil action or initiates judicial proceedings of any kind related to this Agreement (except for actions to enter or collect on judgments), the parties consent to the exclusive personal jurisdiction and venue of the courts in Morris County, New Jersey. 
28.  EXPORT CONTROLS:  You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.  S.  Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security (the "U.S. Export Controls").  Without limiting the generality of the foregoing, you expressly agrees that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or any direct product thereof to any destination, company or person restricted or prohibited by U.  S.  Export Controls. 
29.  Content:  You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User").  You shall assure that you and your Users’ use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use.  We reserve the right to disconnect or suspend your Services and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others.  Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content. 
You agree to use the Service only for lawful purposes.  You agree not to use the Service for transmitting or receiving any communication or material of any kind when in TouchTone’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.  TouchTone reserves the right to terminate your service immediately and without advance notice if TouchTone, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at TouchTone’s discretion be immediately charged to your credit card.  You are liable for any and all use of the Service by yourself and by any person making use of the Service provided to you, and agree to indemnify and hold harmless TouchTone against any and all liability for any such use.  If TouchTone, in its sole discretion believes that you have violated the above restrictions, TouchTone may forward the objectionable material, as well as your communications with TouchTone and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
30.  COPYRIGHT INFRINGEMENT; DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE:  Materials may be made available via the Service by third parties not within our control.  We are under no obligation to, and do not, review content posted on the Service for the inclusion of illegal or impermissible content.  However, we respect the copyright interests of others.  It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service.  If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:  (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  All DMCA notices should be sent to our designated agent as follows:  TouchTone Legal Department, Attn:  DMCA Notices – VoIP, P.O. Box 135, Whippany, NJ 07950.   For more information please call TouchTone Customer Service at 1-800-266-4006.