Terms of Services

 

This is an agreement ("Agreement") between Amcom Communications Corporation, dba TELFUND INTERNATIONAL ("we", "us" or "TELFUND INTERNATIONAL") and the end user ("you" or "user") of TELFUND INTERNATIONAL's Cellular Savings and Residential or Business communications and / or Voice Over Internet Protocol ("VOIP") Service as described herein. 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. By establishing, activating, using or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, including those pertinent to 911 Emergency Dialing, and to the prices, charges and conditions provided to you in association with your enrollment, including marketing materials and the TELFUND INTERNATIONAL website, which are incorporated herein by reference. This Agreement governs the Service and any device, website or software used in conjunction with the Service..

1. SERVICE

1.1 - Term

Service is offered on a monthly or contract basis for a term, which begins on the date that TELFUND INTERNATIONAL takes your order for Service. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give TELFUND INTERNATIONAL written notice of non-renewal at least ten [10] days before the end of the active term in which the notice is given. 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 disconnect fee or early termination fee, 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..

1.2 - Requirements

The VOIP Service requires a telephone adapter (the "Adapter") obtained through TELFUND INTERNATIONAL or a third party that allows you to place and receive calls through a regular telephone by using your high-speed Internet connection. TELFUND INTERNATIONAL does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection has a capacity of at least 90 Kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the Adapter, and an adequate power supply, TELFUND INTERNATIONAL does not guarantee continuous availability. You acknowledge and understand that the service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure equipment in order to restore the Service..

1.3 - Restrictions on Use

1.3.1 - Residential Use of Service and Device

If you have subscribed to TELFUND INTERNATIONAL's Cellular Savings or Residential VOIP Service, the Service and Device are intended for residential use only. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that results in excessive usage inconsistent with normal residential usage patterns. If TELFUND INTERNATIONAL determines, in its sole discretion, that you are reselling the Service, allowing persons residing outside of your household to regularly use the Service, or that your Service is being used for any of the aforementioned activities, TELFUND INTERNATIONAL reserves the right to immediately terminate without notice, or modify the Service and to assess additional charges for each month in which excessive usage occurred..

1.3.2 - Small Business Use of Service and Device

If you have subscribed to TELFUND INTERNATIONAL's Small Business VOIP services, the Service and Device are provided to you as a small business user only. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from TELFUND INTERNATIONAL in advance. You agree that the TELFUND INTERNATIONAL Small Business Plans do 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. TELFUND INTERNATIONAL reserves the right to immediately terminate or modify the Service, if TELFUND INTERNATIONAL determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities..

1.4 - Service Limitations

You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems and modems. You waive any claim against TELFUND INTERNATIONAL for interference or disruption of such services and equipment..

1.5 - Power Outage or Loss in Internet Connectivity will result in Loss of VOIP Service

You acknowledge and understand that the VOIP Service does not function in the event of power failure or loss of Internet Connectivity. Should there be an interruption in the power supply or Internet Connectivity; the Service will not function until power or Internet Connectivity is restored. A power Outage may require the Customer to reset or reconfigure equipment prior to utilizing the Service..

1.6 - Your Responsibility

You acknowledge and agree that you are fully responsible for all use on your account; you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the Adapter (referred to as the "MAC address") which TELFUND INTERNATIONAL uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet. You acknowledge that TELFUND INTERNATIONAL Independent Representatives, Distributors and Agents are independent contractors of TELFUND INTERNATIONAL and do not have the authority to bind the company in any way and any misrepresentation by them is their responsibility..

2. EMERGENCY AND 911 DIALING

PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR VOIP SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF TELFUND INTERNATIONAL 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS. TELFUND INTERNATIONAL DOES NOT PROVIDE 911 OR ANY KIND OF EMERGENCY DIALING ON CELLULAR SAVINGS SERVICES. You agree to notify any user who may place calls using your Service, including any household residents or guest who may be present in your household, of the limitations of 911 Emergency Dialing. We recommend that you maintain an alternative means of accessing emergency services in the event of Service disruption for any reason..

2.1 - TELFUND INTERNATIONAL Optional 911 Service

911 Emergency Dialing may be available in select areas. You must register the physical location of your Adapter with TELFUND INTERNATIONAL, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which TELFUND INTERNATIONAL has been enabled for this service. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing will not function until you receive notification from TELFUND INTERNATIONAL, via electronic mail, website notation or some other WRITTEN means, that 911 Emergency Dialing has been successfully enabled for your service, and you acknowledge and agree to this requirement..

2.2 - Physical Address of the Adapter is CRITICAL to Emergency 911 Service

You must provide the Physical Address of the Adapter during the registration process, which will be utilized by TELFUND INTERNATIONAL in the establishment and operation of 911 Emergency Dialing. Failure to provide the correct and proper address location may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach and render emergency service. You acknowledge that 911 dialing will not function properly if you move your Adapter to another service address, either temporarily or permanently, unless the new address has been properly updated and in an area for which TELFUND INTERNATIONAL provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the TELFUND INTERNATIONAL website or by calling Customer Service. The change of Service Address will not be effective until the change has been confirmed by TELFUND INTERNATIONAL, via email or other written correspondence. Change of Service Address may take up to ten business days to properly update the 911 emergency databases..

2.3 - Enhanced 911 ("E911")

In select areas, TELFUND INTERNATIONAL may provide E911 capabilities. When the caller dials 911 on a TELFUND INTERNATIONAL-enabled phone with E911 service, TELFUND INTERNATIONAL will utilize the location information you provided at the time of activation, or as subsequently and properly updated, validated and acknowledged by TELFUND INTERNATIONAL. This location information will be automatically delivered to the PSAP with the 911 call. If the location information you provided is incorrect, the call may be misdirected to a PSAP that does not serve your location, and may be unable to render sufficient emergency service. You are totally responsible for maintaining accurate physical location information on your TELFUND INTERNATIONAL account. If you move your TELFUND INTERNATIONAL equipment to another location, you must update your service address in accordance with the instructions on the TELFUND INTERNATIONAL website or by calling Customer Service..

2.4 - Basic 911

In select areas, TELFUND INTERNATIONAL may not support E911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using TELFUND INTERNATIONAL may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location..

2.5 - 911 Limitations

911 Emergency Dialing will not function if the Adapter is not configured correctly or if your TELFUND INTERNATIONAL Service is not functioning for any reason, including, but not limited to, in the event of a power outage, loss of Internet Connectivity, or any suspension or disconnection of TELFUND INTERNATIONAL Service. If there is a power outage, you may be required to reset or reconfigure your equipment in order to reactivate TELFUND INTERNATIONAL Service. For technical reasons associated with the possibility of network congestion in the event of a local disaster, there is a greater possibility that a TELFUND INTERNATIONAL 911 call will produce a busy signal, fail to be completed, or experience longer connection times, as compared to traditional 911 calls..

2.6 - Acknowledgement

You understand and acknowledge that TELFUND INTERNATIONAL 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. These characteristics may make TELFUND INTERNATIONAL unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate TELFUND INTERNATIONAL service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls..

2.7 - Suspension of Your Account

You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 Dialing..

2.8 - Indemnification

You acknowledge and understand that TELFUND INTERNATIONAL will not be liable for any service outage and/or inability to dial 911 using TELFUND INTERNATIONAL or to access emergency service personnel due to the characteristics and limitation of TELFUND INTERNATIONAL Service set forth in this document. You agree to defend, indemnify, and hold harmless TELFUND INTERNATIONAL, 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, reasonable attorney fees) by, or on behalf of, you or any third party user of the service relating to the failure or outage of the service, including those related to 911 dialing. You acknowledge that TELFUND INTERNATIONAL does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service..

3. USE OF SERVICE

3.1 - Resale and Transfer

You are expressly prohibited from reselling or transferring the Service, equipment and/or software to any other person for any purpose, without express written permission from TELFUND INTERNATIONAL in advance..

3.2 - Calling Limitations

TELFUND INTERNATIONAL does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls and 10-10 "dial-around" calls. The Service may not support 311, 511 and/or other x11 services (other than 911 and 411) in some or all service areas..

3.3 - Cellular Savings Misuse

You acknowledge and understand that TELFUND INTERNATIONAL will not be liable for any misuse of Cellular Savings services. In the event that you place calls from your cell phone that do not route correctly to TELFUND INTERNATIONAL- network, your Cellular phone provider may bill you. TELFUND INTERNATIONAL does not take responsibility for your misuse of its services..

3.4 - Choice of Phone Numbers

You acknowledge and understand that TELFUND INTERNATIONAL will not be liable for any costs incurred by you or anyone else for call charges resulting from your choice of Phone Numbers..

3.5 - Local Number Portability

If you transfer an existing phone number which is currently subscribed to a carrier other than TELFUND INTERNATIONAL, the following terms and conditions apply: (1) you hereby authorize TELFUND INTERNATIONAL to notify your local telephone company of your decision to switch your local services to TELFUND INTERNATIONAL and to transfer your telephone number, and represent that you are authorized to take this action; (2) you acknowledge and agree that you must successfully install and activate your Adapter prior to the date that the number switch becomes effective; and (3) TELFUND INTERNATIONAL has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number. You understand that TELFUND INTERNATIONAL cannot guarantee the successful transfer of your number..

3.6 - Number Transfer on Service Termination

TELFUND INTERNATIONAL may, at its sole discretion, release the telephone number that was ported in to TELFUND INTERNATIONAL by you and used in connection with your Service provisioned by TELFUND INTERNATIONAL to your new service provider, if such new service provider is able to accept such number upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your TELFUND INTERNATIONAL account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account..

3.7 - Network Disruption

You are expressly prohibited from any use of the Service or any other action that causes a disruption in the network integrity of TELFUND INTERNATIONAL or its vendors, whether directly or indirectly. TELFUND INTERNATIONAL, in its sole discretion, may terminate your Service without advance notice if it determines you are responsible for such disruptions..

3.8 - Telephone Number

You are not to use any telephone number ("Number") assigned by TELFUND INTERNATIONAL with any other device provided by a third party without the express written permission of TELFUND INTERNATIONAL in advance. You may not sell any Number provided by TELFUND INTERNATIONAL..

3.9 - Use Outside the United States

The service is intended for use in the United States. If you remove the Adapter to a country other than the United States, you do so at your sole risk, including the risk that such activity violates local laws in the country where you do so. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. TELFUND INTERNATIONAL reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws..

3.10 - Unlawful Use

You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in TELFUND INTERNATIONAL- sole judgment the transmission, receipt or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service or Adapter for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide service to you or other customers or avoids your obligation to pay for communications services. TELFUND INTERNATIONAL, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless TELFUND INTERNATIONAL against any and all liability for any such use. If TELFUND INTERNATIONAL, in its sole discretion, believes that you have violated the aforementioned restrictions, TELFUND INTERNATIONAL may forward personally identifiable information to the appropriate authorities for investigation and prosecution, and you hereby consent to such forwarding..

3.11 - Tampering

You agree not to change the electronic serial number or equipment identifier of the Adapter, or to perform a factory reset of the Adapter, without express written permission from TELFUND INTERNATIONAL in each instance that TELFUND INTERNATIONAL, in its sole discretion, may deny. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. TELFUND INTERNATIONAL, in its sole discretion, may terminate your service without advance notice should you tamper with the device..

3.12 - Theft of Service

You agree to notify TELFUND INTERNATIONAL immediately if the Adapter is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges..

3.13 - Alternative Interface Devices

If you decide to use the Service through an interface device not provided or supported by TELFUND INTERNATIONAL, which TELFUND INTERNATIONAL reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless TELFUND INTERNATIONAL and its vendors against any and all liability arising out of your use of such alternative interface device with the Service..

3.14 - Copyright, Trademark, and Unauthorized Use

The Service and Adapter and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Adapter, and all Services, information, documents and materials on TELFUND INTERNATIONAL- website are protected by copyright, trademark or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of TELFUND INTERNATIONAL are and shall remain the exclusive property of TELFUND INTERNATIONAL and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given 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 Adapter, other than a nontransferable, revocable license to use such firmware or software strictly in accordance with the terms and conditions of the Agreement, and that the Adapter is exclusively for use in connection with the Service..

3.15 - Audit and Law Enforcement

TELFUND INTERNATIONAL reserves the right to audit your use of the Service to enforce the provisions of this Agreement. TELFUND INTERNATIONAL reserves the right to track and monitor your service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law..

4. CHARGES AND PAYMENTS

4.1 - Billing

You must provide a valid credit card number when the Service is activated. You authorize TELFUND INTERNATIONAL to charge any amounts payable by you in connection with your use of the Service automatically by credit card or to your bank account. Your right to use the Service is subject to any limits established by your credit card issuer or bank. Your charges and credits issued will appear on an online billing statement that you may access from the TELFUND INTERNATIONAL website. You give TELFUND INTERNATIONAL permission to obtain authorization for use of your credit card from your credit card issuer or direct debit from your bank. If the card expires, you close your credit card account or bank account, your billing address changes, or your credit card is cancelled and replaced owing to loss or theft, you must advise TELFUND INTERNATIONAL at once. Your Service activation authorizes TELFUND INTERNATIONAL to charge the credit card or bank account number on file with TELFUND INTERNATIONAL, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after TELFUND INTERNATIONAL receives your notice to terminate TELFUND INTERNATIONAL- authority to charge your credit card or bank account, whereupon TELFUND INTERNATIONAL will charge you for any outstanding charges and terminate the Service. TELFUND INTERNATIONAL bills all charges and applicable taxes monthly in advance to your credit card, bank account or other authorized payment option. TELFUND INTERNATIONAL reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. All charges will be billed according to the rates and terms set forth in published materials and found on the TELFUND INTERNATIONAL website..

4.2 - Commencement of Billing

You understand that you are responsible for self-installation of the Adapter and any configuration of the Service once you receive the Adapter. You are encouraged to promptly complete installation of the Service since you will be responsible for full payment for the charges on your TELFUND INTERNATIONAL bill starting upon Service activation, even if you have not yet installed the Adapter and used the Service at the time the bill is rendered..

4.3 - Credit Card Use Policy

Due to credit card fraud and the risk associated with credit cards as a form of payment, a credit card may only be used to pay for a single, or unique account. TELFUND INTERNATIONAL does not allow the same credit card to be used on multiple accounts. If a customer is a holder of multiple accounts, then they have the option within their online account management to bill up to three (3) sub-accounts to their primary account; for example a family may have an account for the parents and two accounts for their children, in which case the parent account can be set up to pay for the children’s account as a sub-account of the parent account. The maximum amount that can be charged to any single credit card is $5,000 USD per calendar month. The maximum number of transactions that can be charged to any single credit card is 12 per day and 50 per month. If your re-load or “top-up” value is too low and you run the risk of too many daily transactions, the TFI system will email you to suggest you increase your load value..

4.4 - Price and Price Changes

The prices and charges are posted on the TELFUND INTERNATIONAL website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than fifteen days after posted on the TELFUND INTERNATIONAL website or you are otherwise notified of the changes..

4.5 - Failure to Pay

Without providing you notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service..

4.6 - Late Payment Charge

We may add interest charges to any past-due amounts at the lower rate of 1.5% per month or the maximum rate allowed by state law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. Notice of any disputes must be in writing and received by us within 30 days after you received your bill, or you will waive any objection. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit card or charges to your bank account result in an NSF or Non Sufficient Funds, we will charge you an additional $25.00. If the state law where you receive the Service requires a different fee, we will charge you that amount..

4.7 - Taxes

You are responsible for, and must pay, any applicable federal, state, local or other governmental sales, use, excise, 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 associated equipment. These amounts are in addition to payment for the Service or equipment and will be billed to you as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date TELFUND INTERNATIONAL receives this documentation. Taxes will be in the amounts specified by federal, state and local authorities..

4.8 - Service Interruption

You acknowledge and agree that credit allowances for interruption of the Service will not be provided..

4.9 - Billing Disputes

You must notify TELFUND INTERNATIONAL within seven days after receiving your credit card or bank statement if you dispute any TELFUND INTERNATIONAL charges on that statement or such dispute will be deemed waived..

4.10 Refund Policy

TELFUND INTERNATIONAL bills all charges and applicable taxes monthly in advance to your credit card, bank account or other authorized payment option. Refunds will only be due if member’s billing account has been canceled 30 days prior to their billing cycle or the member was charged erroneously. In the case where a refund is warranted, the refund amount shall be placed on the members billing account to offset any future charges, if the billing account has been canceled, then the refund will be issued to the credit card that the funds where drawn upon. Membership fees are the only fees that are available for refund. Funds submitted for the purchase of load to make telephone calls on the TELFUND INTERNATIONAL system are non-refundable..

 

5. SERVICE CANCELLATION

You may cancel the Service at any time by notifying TELFUND INTERNATIONAL according to the procedures given on the TELFUND INTERNATIONAL website. You remain fully liable for accrued charges outstanding at the time of termination, and you authorize TELFUND INTERNATIONAL to process these charges to your credit card or bank account. If you receive the equipment associated with your Service at no additional charge and you cancel your TELFUND INTERNATIONAL Service within one year of the Activation Date, TELFUND INTERNATIONAL reserves the right to request that you return the equipment to us..

6. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD TELFUND INTERNATIONAL, ITS AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO OR ARISING OUT OF THIS SERVICE, THE ADAPTER, OR ITS INSTALLATION, OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO 911 EMERGENCY DIALING OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT..

YOU AGREE THAT TELFUND INTERNATIONAL SHOULD NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS- FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS..

7. LIMITATIONS OF LIABILITY

BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF TELFUND INTERNATIONAL SERVICE DESCRIBED HEREIN.

TELFUND INTERNATIONAL'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF TELFUND INTERNATIONAL RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO 911 DIALING, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY TELFUND INTERNATIONAL'S INTENTIONAL MISCONDUCT OR RECKLESSNESS. EXCEPT FOR DAMAGES THAT ARE THE DIRECT RESULT OF TELFUND INTERNATIONAL- WILLFUL OR INTENTIONAL MISCONDUCT, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. TELFUND INTERNATIONAL AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR PERIPHERALS..

8. WARRANTIES

EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES OR EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, TELFUND INTERNATIONAL EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT..

9. DISPUTE RESOLUTION BY BINDING ARBITRATION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY..

9.1 - Arbitration Process

The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. - 1- 6. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.

The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND TELFUND INTERNATIONAL BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. The arbitration shall be conducted in the State of California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or TELFUND INTERNATIONAL may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, necessary to protect the rights or property of you or TELFUND INTERNATIONAL pending the completion of arbitration.

YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL..

9.2 - Fees and Expenses of Arbitration

You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for a document arbitration will be allocated according to the AAA's Rules, except as stated herein. For claims of less than $10,000, you will be obligated to pay only a filing fee of $20, and we will pay all of the AAA's other costs and fees. For claims between $10,000 and $75,000, you will pay a fee to the AAA of no more than $375, and we will pay all of the AAA's other costs and fees. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. If you request such an alternative process, or for claims of $10,000 or greater, TELFUND INTERNATIONAL will also consider, upon receiving your request and on a case-by-case basis, paying some or all of the AAA's fees and expenses that you would otherwise be allocated under the AAA's rules. You also may ask the AAA about the availability of a pro-bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA. More information about the AAA's rules and policies is available at the AAA's web site, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA's fees and expenses of the arbitrator from you..

10 MISCELLANEOUS

10.1 - General Provisions

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by TELFUND INTERNATIONAL to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the TELFUND INTERNATIONAL website, shall be governed by and construed in accordance with the Federal Communications Act to the extent applicable, and otherwise will be governed by the laws of the State of California, without regard to its choice of law rules, except that the aforementioned arbitration provisions are also governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor TELFUND INTERNATIONAL is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect..

10.2 - Acts Beyond Our Control

Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for service commencing upon Service activation..

10.3 - Assignment

We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent..

10.4 - Privacy

TELFUND INTERNATIONAL Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. TELFUND INTERNATIONAL is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you on the TELFUND INTERNATIONAL website for additional information..

10.5 - Changes to this Agreement

TELFUND INTERNATIONAL may change this Agreement from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in this Agreement. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES..