Terms of Service Services Agreement This agreement ("Agreement") is between 1-Plus Equipment Partners, Inc., ("we", "us", or "1-Plus Equipment Partners, Inc.") and the user ("you, "user" or "Customer") of 1-Plus Equipment Partners, Inc.’s Voice Over IP Service("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter, Media Terminal Adapter, or software, such as 1P-Link, Instant Messenger, or any other IP connection device ("Device") or software, used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. 1. SERVICE A. Term. Service is offered on a monthly basis for a term which begins on the date that 1-Plus Equipment Partners, Inc. activates your Service and ends on the last day of the current month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give 1-Plus Equipment Partners, Inc. written notice of non-renewal at least fourteen (14) days before the end of the monthly term in which the notice is given. Written notice is accepted via the online support form or at support@1plus.com You are purchasing the Service for full monthly terms, meaning that 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, plus a possible disconnect fee if any equipment owned by 1-Plus Equipment Partners, Inc. has not been returned at the customers expense and in good condition within 7 days after you notify us of your desire to terminate service. Any amounts owing or as the result of lost, damaged or stolen equipment are due at once. B. Residential Use of Service and Device. The Service and Device are provided to you as a residential user. This means that your use is substantially for residential activities, and not for business purposes, profit-making or non-profit, including tele-marketing, Fax broadcast or any other activity that would not be consistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, without express written permission from 1-Plus Equipment Partners, Inc. in advance. You agree that your use of the Service and equipment for mostly business purposes may obligate you to pay 1-Plus Equipment Partners, Inc.'s higher rates for commercial service if applicable commercial rates are available, as identified on the http://www.1Plus.com/ website. 1-Plus Equipment Partners, Inc. will be the sole judge if any account is reclassified to a business account status. Such rates may apply for past periods in which you used the Service for mostly business purposes. C. Lawful Use of Service and Device. You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that 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. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. 1-Plus Equipment Partners, Inc. has no problems with you using your equipment on our network from anywhere in the world. We just want you to know that some countries are not as friendly as others. D. Emergency Services, E911 and 911. You acknowledge that we have told you that the Service presently does not support 911, E911 or any other type of quick-dial emergency services; that calls to "9-1-1" cannot be connected; and that you need to make alternative arrangements to contact emergency services in situations where you would need to dial 911. Dialing ( “0” ) for the Operator and expecting help in an emergency is not a feature that we offer at this time. By using this service, you expressly agree that 1-Plus Equipment Partners, Inc. and its affiliates and partners will not be liable in contract or tort or under any other theory of law should you or any person in your premise attempt to use the Service to contact 911 and emergency services are delayed or frustrated because you cannot be located using your calling number. You also agree to hold 1-Plus Equipment Partners, Inc., its affiliates and its partners harmless and to indemnify them if any person at your premise attempts to use the Service to contact 911. E. Unauthorized Usage of Device, Firmware or Software. You acknowledge that you are not given any license to use the firmware or software embedded in the Device, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by 1-Plus Equipment Partners, Inc., which 1-Plus Equipment Partners, Inc. reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service. F. Tampering with the Device. You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from 1-Plus Equipment Partners, Inc. in each instance. 1-Plus Equipment Partners, Inc. reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus any disconnect fee, all of which immediately become due and payable. G. Theft of Service. You agree to notify 1-Plus Equipment Partners, Inc. immediately, in writing or by calling the 1-Plus Equipment Partners, Inc. customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or email, you must provide your account number and a detailed description of the circumstances of the Device theft or stolen or fraudulently use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. In the case of theft we require a police report and you will be billed for the equipment if 1-Plus Equipment Partners, Inc. is the owner. H. Return of Device. The Device may be returned to 1-Plus Equipment Partners, Inc. within fourteen (14) days of the line activation providing:(i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and (iii) and all documentation and packaging materials are returned. If Customer receives cartons and/or devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact 1-Plus Equipment Partners, Inc.'s customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. All warranty work is preformed by the maker of your equipment unless that equipment is owned by 1-Plus Equipment Partners, Inc.. Any service rep. from 1-Plus Equipment Partners, Inc. can help you determine what to do if the equipment fails. We are interested in you being online, all the time. Any and all equipment returns are paid by you the customer. No exceptions. I. Number Transfer on Service Termination. If (but only if) you transferred your telephone number to 1-Plus Equipment Partners, Inc. or its supplier for use in connection with the Service, 1-Plus Equipment Partners, Inc. will assist in the arrangements necessary to transfer that number to another provider upon your termination of the Service, provided (i) your account has been terminated and (ii) your 1-Plus Equipment Partners, Inc. account is completely current including payment for all charges and disconnect fees and (iii) the number you are requesting to transfer was transferred to 1-Plus Equipment Partners, Inc. by you. In general it is only possible to return a transferred number back to the carrier it was originally transferred from. Now having said all that we do not at this time offer number transfers. If this option becomes available this clause will be modified. 2. CHANGES TO THIS AGREEMENT 1-Plus Equipment Partners, Inc. may change the terms of the Agreement from time to time on fourteen (14) days advance notice to you. We may give you notice either by: a. posting to the "Service Announcements" section of our Web Site, or b. electronic mail directed to the e-mail address you gave us when you signed up for the Service, or to your current e-mail address if you have notified us that your e-mail address has changed. You are responsible for notifying us of any changes in your email address by updating your email address on our website and we may continue to use your previous e-mail address unless and until we have received your notice of address change. Accurate, up to date information is good for us all. 3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION A. Application. This section pertains to those upgraded accounts that are billed. B. Billing. You must give us a valid credit card number when the Service is activated. If the card expires, or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise 1-Plus Equipment Partners, Inc. at once. We will bill all charges to your credit card, including but not limited to: activation fees, monthly Service fees, usage charges, advanced feature charges, equipment purchases and shipping and handling charges, plus applicable taxes. 1-Plus Equipment Partners, Inc. reserves the right to bill at more frequent intervals if additional purchases of new or enhanced services, extra minutes, deposits, or lost and stolen equipment occur. C. Billing Disputes. You must notify 1-Plus Equipment Partners, Inc. in writing within 7 days after receiving your credit card statement if you dispute any 1-Plus Equipment Partners, Inc. charges on that statement. D. Payment. 1-Plus Equipment Partners, Inc. only accepts payments by credit card, wire transfer or certified check. Your initial activation of Service authorizes 1-Plus Equipment Partners, Inc. to charge the credit card account number on file with 1-Plus Equipment Partners, Inc., including any changed information given 1-Plus Equipment Partners, Inc. if the card expires or is replaced, for 1-Plus Equipment Partners, Inc. charges that accrue during the billing cycle. This authorization will remain valid until 30 days after 1-Plus Equipment Partners, Inc. receives your written notice terminating 1-Plus Equipment Partners, Inc.'s authority to charge your credit card. 1-Plus Equipment Partners, Inc. may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with 1-Plus Equipment Partners, Inc. is declined or in case of any other non-payment of account charges. Termination of Service for declined card or non-payment leaves you fully liable to 1-Plus Equipment Partners, Inc. for all charges accrued before termination and for charges incurred by 1-Plus Equipment Partners, Inc. owing to your non-payment, such as (but not limited to) collection costs and attorney's fees. E. Termination/Discontinuance of Service. 1-Plus Equipment Partners, Inc. reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If 1-Plus Equipment Partners, Inc. discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus any disconnect fee, all of which immediately become due and payable. F. Taxes. Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on 1-Plus Equipment Partners, Inc. as a result of providing the Service or a Device will be billed to your account when imposed upon 1-Plus Equipment Partners, Inc.. If Customer is exempt from payment of such taxes, it will provide 1-Plus Equipment Partners, Inc. with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date 1-Plus Equipment Partners, Inc. receives the Tax Exempt Document. 4. LIMITATIONS A. Limitation of Liability. 1-Plus Equipment Partners, Inc. shall not be liable for any failure to provide the Service at any time or from time to time, or any degradation of voice quality, that is caused by any of the following: a. act or omission of an underlying carrier; b. equipment, network or facility failure; c. equipment, network or facility upgrade or modification; d. force majeure events such as (but not limited to) acts of god; strikes; fire; war; terrorist acts; riot; government actions; e. equipment, network or facility shortage; f. equipment or facility relocation; or g. any other cause that is beyond 1-Plus Equipment Partners, Inc.'s control, including without limitation the failure of an incoming or outgoing call to be connected or completed, including a 9-1-1 emergency call, or degradation of voice quality. 1-Plus Equipment Partners, Inc.'s liability for any failure or mistake shall in no event exceed Service charges on account of the affected time period. 1-Plus Equipment Partners, Inc. is not liable for incidental or consequential damages of any type. B. Indemnification. Customer agrees to defend, indemnify, and hold 1-Plus Equipment Partners, Inc., its affiliates and partners and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from claims or damages by, or in the right of, Customer relating to this Agreement, the Services or the Device. NEITHER 1-PLUS EQUIPMENT PARTNERS, INC. NOR ITS AFFILIATES OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES SUFFERED BY ANY PARTIES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS SUFFERED), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER THE PARTY KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. YOU HEREBY RELEASE 1-PLUS EQUIPMENT PARTNERS, INC. AND ITS PARTNERS (INCLUDING SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM ANY SUCH CLAIM. This paragraph shall survive termination of this agreement. C. No Warranties on Service. 1-PLUS EQUIPMENT PARTNERS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR INTENDED OR PARTICULAR PURPOSE WITH RESPECT TO SERVICES PROVIDED HEREUNDER. Neither 1-Plus Equipment Partners, Inc. nor its vendors will be liable for unauthorized access to 1-Plus Equipment Partners, Inc.'s or Customer's 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 1-Plus Equipment Partners, Inc.'s or its vendors' negligence. Statements and descriptions concerning the Service, if any, by 1-Plus Equipment Partners, Inc. or 1-Plus Equipment Partners, Inc.'s agents or installers are informational and are not given as a warranty of any kind. D. No Warranties, or Limited Warranties, for Devices. If Customer purchased the Device new from 1-Plus Equipment Partners, Inc. and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from 1-Plus Equipment Partners, Inc. at the time of purchase, Customer agrees that it accepts its Unit "as is" and that Customer is not entitled to replacement or refund in the event of any defect. 5. RESOLUTION OF DISPUTES A. Mandatory Arbitration. Any dispute or claim between Customer and 1-Plus Equipment Partners, Inc. arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. 6. PRIVACY AND NOTICES A. Privacy. IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. 1-Plus Equipment Partners, Inc. is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information. B. Notices. Notices to Customer shall be sent to the email address on file for Customer at 1-Plus Equipment Partners, Inc. and will be considered given on the date sent by 1-Plus Equipment Partners, Inc.. Please refer to section 2 of this Agreement regarding a change of e-mail address.