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VOICE TERMS AND CONDITIONS

1. Services; Acceptance of Terms and Conditions.
When you register for a USA Datanet customer account or when you use any telephone, data product or feature enhancement services provided by USA Datanet (the "Services"), you will be deemed to have accepted these terms and conditions as in effect from time to time (the "Terms and Conditions") as if you had signed them. USA Datanet may change these Terms and Conditions at any time effective immediately upon sending you the changes by e-mail or regular mail or by posting the changes or then current Terms and Conditions on the USA Datanet Web site: www.mydatanet.com. Each time you use the Services you affirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you must discontinue using the Services and terminate your account in accordance with these Terms and Conditions.

2. Use Restrictions and Limitations.
a. Residential Use; Maximum Monthly Usage. You agree that USA Datanet may establish general practices and limits concerning use of the Services. You may only use the Services for residential voice calling. Monthly usage in excess of 2,750 minutes will create a presumption that a customer is not using this plan for residential voice. If USA Datanet determines that usage is not consistent with residential voice calling or if it exceeds such minimum, USA Datanet may immediately, and without notice or liability, refuse, deactivate, limit, interrupt, or terminate the service as reasonably necessary to protect USA Datanet and its property, as determined in USA Datanet's sole discretion, and/or assess an additional charge for each month in which such usage occurred.
b. Two-Way Calling; Unavailability of Certain Numbers. Services are limited to a two-way constant conversation between the original caller and terminating party. Calls with more than five minutes of silence and/or non-two way interactive voice communication may be terminated at the discretion of USA Datanet, may be considered a misuse of the service, and may be re-rated to account for the misuse. Without limitation, calls made to 700, 900, 976, chat lines, some international exchanges, any telephone exchanges with premium rates, automated/computerized systems or interactive voice response and international audiotext, transcription services, and some conferencing and modem related services are not available with USA Datanet Services. Any surcharges and/ or additional usage rates not associated with USA Datanet's rate plans will be billed directly to you by either USA Datanet or by a third-party vendor.
c. 800 Service. USA Datanet's 800 Services may only terminate to USA Datanet's On-Net Service Exchanges. On Net Service Exchanges are detailed at www.usadatanet.com under "Service Areas" or a determination can be obtained by calling USA Datanet's Customer Service Department regarding eligibility for this service offering. All 800 Services offered without a monthly fee require the customer to have at least one minute of usage per month. If your account fails to meet this requirement, USA Datanet, in its own discretion, may terminate the 800 Services for non-usage and reallocate the service for redistribution.
d. Other Restrictions. USA Datanet reserves the right to intercept or monitor calls for purposes of determining if there is a misuse of the service. USA Datanet may immediately, and without notice or liability, refuse, deactivate, limit, interrupt, or terminate the service as reasonably necessary to protect USA Datanet and its property, as determined in USA Datanet's sole discretion. You also acknowledge that USA Datanet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You acknowledge that any limits USA Datanet establishes may differ for different portions of the Services, and in particular may be set at different levels for subscribers based on factors determined in USA Datanet's sole discretion, which may or may not include, among others, a subscriber's chosen service level, specific usage patterns, geographic location, the particular telecommunications carrier through which a connection to the Services are attempted or established, and/or a subscriber's participation in certain programs designed to generate revenues for USA Datanet.

3. Customer Obligations.

a. Customer Information. You agree to provide USA Datanet with accurate, current and complete information, to the extent required by USA Datanet for your registration as a subscriber of Services or at any time thereafter and to maintain and to update this information as required to keep it accurate, current and complete in all respects. You agree that you have not impersonated and will not impersonate any other person or entity, and you represent that you are of legal age to contract for and use the Services or that you have obtained consent to use the Services from your parent or guardian.
b. Use by Third Parties; Passwords and Pin Numbers Protection. You shall be responsible for protecting all account codes chosen or assigned for your authorized use of the Services. You shall be responsible for any authorized or unauthorized use, misuse or abuse of the Services. You may not allow any third party to use your account. If you do in violation of this Agreement, you are responsible and liable for any activity by any person who uses your account for the Services. Other users of your account will be bound by these Terms and Conditions as if they were you. You are responsible for maintaining the confidentiality of your pass code(s) and for any liability resulting from disclosure of your password. You will immediately change your pass code and notify USA Datanet by sending an e-mail to support@usadatanet.com or calling 1-877-532-8263 if you become aware or suspect that your pass code or account is (or possibly is) being used without your authorization.

4. Pricing and Fees.

a. Credit and Collections. ALL INVOICES ARE DUE 20 DAYS AFTER THE DATE OF THE INVOICE. An invoice will be generated for all new accounts 5 days from registration date. If the account becomes past due, or if the sum of billed and unbilled charges exceeds the assigned credit limit, USA DATANET may suspend service. AMOUNTS PAST DUE ARE SUBJECT TO A MONTHLY FINANCE CHARGE OF 1.5% (ANNUAL PERCENTAGE RATE OF 18%), OR THE HIGHEST RATE ALLOWED BY LAW, WHICHEVER IS LESS. We do not waive our right to collect the full amount due if you pay late or pay part of the bill, even if you write the words "Paid in Full" (or similar words) on your check or any other correspondence to us. Returned checks may be charged a $20.00 fee. You shall be responsible for all reasonable costs of collection, including attorneys' and other professional's fees. You give USA Datanet permission to obtain your credit information from consumer credit reporting agencies at any time. USA Datanet may set a credit limit based on your payment history or your credit score from consumer credit reporting agencies. If USA Datanet does this, it will notify you of your initial credit limit and all changes to your credit limit. At any time prior to or after the commencement of services, USA DATANET reserves the right; in its sole discretion, to require a customer deposit or prepayment to secure the performance of the services.
b. Pricing. USA Datanet shall bill you for Services at USA Datanet's normal and customary rates for such Services. USA Datanet offers some products with specific rates that are limited to either residential or commercial/business use. Any account found using a service/product inappropriately will be re-rated at the appropriate rate plan and is also at risk of termination. Customers using USA Datanet's 800 Service and Calling Card will be charged a surcharge when receiving or placing a call from a payphone. See Web site for most updated surcharge information. USA Datanet's enhanced services (Calling Card, 800 or International Services, Transcription Services) have separate and distinct rate tables.
c. Your Responsibility for Fees. As a subscriber of the Services you are solely responsible for any charges to your account and any activities conducted through your account. By using a credit card, debit card, automatic withdrawal or other payment method to pay for any billable portions of the Services, you expressly authorize USA Datanet or its agents to charge all fees and other charges incurred in connection with your service to the credit card or other payment method you have designated, and such authorization will remain valid unless revoked by you pursuant to these Terms and Conditions. If you use a credit card and USA Datanet does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by USA Datanet. Fees are non-refundable.
d. Payment Method. You may change your designated payment method by contacting USA Datanet in the manner specified for that purpose on USA Datanet's Web site or by calling the USA Datanet customer service number (which is 1-877-532-8263 as of the date of these Terms and Conditions). USA Datanet reserves the right to accept other forms of payment or to modify the forms of payment it will accept. If USA Datanet elects to authorize alternative or additional methods of payment, your designation of such a method of payment will be deemed to be an authorization to USA Datanet to bill you, in a manner appropriate to your designated payment method, for all fees and other charges incurred in connection with your service.
e. Billing Discrepancies. If you believe that a billing discrepancy has occurred, you must notify USA Datanet within 30 days after the date of the relevant account statement or such amounts will be deemed to have been accepted by you. You agree to release USA Datanet from any liability for any error or discrepancy that is reported to USA Datanet after such period. You understand and agree that USA Datanet shall not be responsible for any charges or expenses that you may incur resulting from overdrawing your bank account or exceeding your credit card limit as a result of an automated charge generated by USA Datanet pursuant to this authority.
f. Changes in Fees. USA Datanet reserves the right at any time to change its fees and charges for use of portions of the Services, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations and surcharges. Although USA Datanet expects to provide e-mail or other notice to you prior to increasing the price you pay for the Services, USA Datanet shall not be required to do so before making any of the changes described. You may obtain current pricing information for different service levels, as well as information about policies, methods and procedures with respect to pricing, billing, cancellation and surcharges (i) by calling the USA Datanet customer service number (which is 1-877-532-8263 as of the date of these Terms and Conditions), (ii) through USA Datanet's Web site, or (iii) by sending e-mail to support@usadatanet.com. USA Datanet may modify the means of accessing rates and billing information in its sole discretion.
g. Taxes. In addition to fees for your subscription to any billable portion of the Services, you agree to pay all sales, use, value-added, personal property or other governmental taxes or levies imposed on fees for the Services or goods or services that you purchase through the Services.

5. No Warranties.

a. WARRANTY DISCLAIMER. THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USA DATANET AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. USA DATANET DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME OR FOR ANY LENGTH OF TIME. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY USA DATANET, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
b. LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL USA DATANET OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. USA DATANET SHALL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS OR INTERRUPTION IN SERVICE, WHETHER WITHIN OR OUTSIDE ITS CONTROL. SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED MAINTENANCE, EITHER BY USA DATANET OR A THIRD-PARTY PROVIDER, OR DUE TO OTHER CAUSES. SERVICE MAY ALSO BE TEMPORARILY INTERRUPTED AT ANY TIME FOR CUSTOMER AND COMPANY PROTECTION. USA DATANET'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES WILL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PRIOR SIX MONTHS, IF ANY. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, USA DATANET'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

6. Indemnification.
You agree to indemnify and hold harmless USA Datanet and its affiliates and their respective officers, directors, employees and agents against any liability, damages or other expenses (including attorneys' fees and costs) arising from your use of the Services or the authorized or unauthorized use of your account and the Services by any third party (including, without limitation, your or such third party's dissemination of any information on the Services).

7. Termination.

a. Continuation until Termination. Your subscription to any billable portion of the Services will continue and renew automatically, unless terminated by USA Datanet or you pursuant to these Terms and Conditions.
b. Discontinuance or Alteration of Services by USA Datanet. USA Datanet may discontinue or alter any service level or aspect of the Services at any time, without notice, without liability and in USA Datanet's sole discretion.
c. Termination by USA Datanet. USA Datanet may terminate your access to the Services and your account at any time for nonpayment and/or misuse of service as reasonably necessary to protect USA Datanet and its property, as determined in USA Datanet's sole discretion Upon termination, you will have no right to continue to use the Services or access any stored content on the Services (and any such content will be forfeited). You acknowledge that if an account on the Services is terminated (or if you delete your account from USA Datanet's central computers), any unread e-mail sent prior to termination (or deletion of your account) may be deleted from the Services.
d. Termination by You. You may cancel the service at any time by calling USA Datanet's customer service number (which is 1-877-532-8263 as of the date of these Terms and Conditions) or by using such other means as USA Datanet may make available from time to time, provided that you will remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with these Terms and Conditions or any terms, policies or practices of USA Datanet in operating the Services, any content available through the USA Datanet Services, or any change to any of the foregoing, your sole recourse is to cancel your Service. Deleting your account from USA Datanet's central computers or removing the software from your computer will not cancel billing for your service for which you are accountable.

8. Miscellaneous

a. Assignment. You may not assign this Agreement without USA Datanet's prior written consent and any assignment in violation of this Agreement shall be null and void. USA Datanet may subcontract its work to be performed hereunder to qualified contractors, including programmers.
b. Force Majeure. No party shall be liable by reason of any failure or delay in the performance of its obligations due to strikes, riots, fires, explosions, acts of God, war, terrorism or cyber-terrorism, governmental action, telecommunications or power outage, or any other cause which is beyond its reasonable control. Neither party will be liable for any delay or failure in the performance of its obligations under this Agreement that directly results from any failure of the other party to perform its obligations under this Agreement.
c. Entire Agreement and Amendments. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof. This Agreement shall not be modified, amended or in any way altered except in writing signed by USA Datanet and you. You agree that any purchase order or similar document that it may issue in connection with this Agreement will be for ordering purposes only and that any terms and conditions on such purchase order will be of no force or effect.
d. Waiver. No waiver of a breach of any term of this Agreement will be effective unless in writing and duly executed by the waiving party. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
e. Severability. If any provision of this Agreement, or the application of such provision to any party or circumstances, shall be held invalid, the remainder of this Agreement, or the application of such provision in all other respects, shall not be affected thereby and shall still be enforced to the maximum extent consistent with the intent of this Agreement.
f. Counterparts; Headings. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original. In making proof of this Agreement, it will not be necessary to produce more than one counterpart. The headings in this Agreement are for convenience only. They do not constitute a portion of this Agreement and shall not be used in any construction of it. Facsimile signatures shall be deemed originals for all purposes hereof.
g. Claims; Injunctive Relief. Recognizing and acknowledging that any breach of the provisions of this Agreement will cause the non-breaching party irreparable damage for which other remedies may be inadequate, Customer and USA Datanet agree that, in addition to monetary damages and any other remedies available at law or in equity, the non-breaching party shall have the right to petition for such equitable relief as may be necessary to prevent such a breach or threatened breach without having to prove actual damages.
h. Choice of Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. You consent to the exclusive jurisdiction of the state and federal courts situated in the State of New York in connection with any action arising under these Terms and Conditions or relating to the Services, and to having any judgment or order from such jurisdiction recognized in any other court, tribunal or other governmental body in order to have the same enforced against you.
i. Survival. The provisions of this Agreement that by their nature would survive its termination will survive indefinitely.