The Customer shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever arising out of errors or defects caused by third parties.

The Company shall not be liable for the use, misuse or abuse of a Customer’s service by third parties, including, without limitation, the Customer’s employees or members of the public who dial the Customer’s telephone number in error. Compensation for any injury the Customer may suffer due to the fault of others must be sought from such other parties.

In the event that the Company causes the misrouting of calls, the Company’s sole liability shall be to provide a credit equal to the charges for the affected calls.

The Company reserves the right to immediately suspend or cancel without advance written notice and without any liability whatsoever, the provision of any serviced(s) to any customer if the Company determines in its sole discretion that the Customer is using the service(s) to make or permit any telephone facility under such Customer’s control to be used for any purpose or activity, including, but not limited to, any obscene, indecent or harassing purpose or activity, prohibited by Section 223 of the Communications Act of 1934, as amended, and 800 calls placed with the intent of gaining access to a Customer’s outbound calling services without authorization from the Customer.

The Company is not liable for any damages, including toll usage charges, the Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of the Customer’s facilities includes, but is not limited to, the placement of calls from the Customer-provided equipment which are transmitted or carried on the Company network or the network over which its traffic is carried. The Company’s Customer Service agents may work with Customers to recommend possible solutions to reduce unauthorized use of their facilities. However, the Company does not warrant or guarantee that its recommendations will prevent all unauthorized use, and the Customer is responsible for controlling access to, and use of, its own telephone facilities.

PAYMENT REGULATIONS

Service shall be provided and billed for on a monthly basis. Service shall continue to be provided until 30 days after the date of notice from the Customer for the disconnection of service, unless other restrictions apply. Payment is to be made to the address designated on the invoice or such other location as the Company may direct in writing from time to time. In addition to the charges for the Company’s services, the Customer shall pay an applicable federal, state or local use, excise, sales or privileges taxes resulting from the services furnished by the Company. Such taxes shall not be counted toward the attainment of any volume or revenue commitment and will not be discounted.

The Customer is responsible for payment of all charges for services(s) furnished by the Company. This includes payment for calls or services (a) originated at the Customer’s number(s) whether authorized or not; (b) accepted at the Customer’s number(s) (e.g. 800 Service and collect calls); (c) billed to the Customer’s number via third number billing, a calling card, a company-assigned authorization code, travel card number, or other special billing number; and/or (d) incurred at the specific request of the Customer.

A Customer is responsible for payment for all calls placed to or via the Customer’s telephone number(s). This responsibility is not changed by virtue of any use, misuse, or abuse of the customer’s service or Customer provided systems, equipment, facilities or services interconnected to the Customer’s 800 Service, which use, misuse or abuse may be occasioned by third parties, including, without limitation, the Customer’s employees and members of the public who dial the customer’s 800 number by mistake.

If notice of a dispute with respect to a charge is not received, in writing, within 30 days after an invoice is rendered, such invoice shall be deemed to be correct and binding upon the Customer. In instances of a dispute, the Customer is required to pay the undisputed portion of the bill in its entirety. Accounts not paid within 30 days from the due date stated on the bill will be considered delinquent. Delinquent payments may result in the imposition of a late fee which shall be imposed at the rate of 1.5% of the unpaid balance per month or the maximum allowable rate under applicable state law.

The Company may require applicants or Customers to provide information pertaining to their financial ability to pay for service.

Applicants or Customers whose credit worthiness is not acceptable to the Company, or is not a matter of general knowledge, may be denied service or may be required to make, at any time, a deposit in an amount equaling up to three months, actual or estimated, charges for the services provided. The Company may increase the amount of any deposit previously required if, in the Company’s sole discretion, it is reasonably necessary under the circumstances.

In the case of a cash deposit, interest will be paid for the period during which the deposit is held by the Company. If the Company, in its sole discretion, determines that the Customer is not capable of satisfying its payment obligations, services may be canceled by the Company upon written notice.

At the Company’s option, such deposit may be refunded or credited to the Customer at, or any time prior to termination of service. The Customer may elect to apply the deposit to future invoices or receive a payment of the deposit amount. However, if any balance is outstanding on the Customer’s account at the time of cancellation, the Company reserves the right to apply the Customer’s deposit and accumulated interest against the Customer’s unpaid balance.

In the event the Company incurs fees or expenses, including attorney’s fees, court costs, costs of investigation and related expenses in collecting, or attempting to collect, any charges owed to the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred.

In the event that a check or draft tendered by a Customer is returned, a fee of $15 will apply. The fee will be assessed when a check or instrument issued by a Customer is returned without payment for any reason whatsoever, unless the return is a bank error, in which case documentary evidence is required to waive the fee.

All stated charges are computed by the Company exclusive of any federal, state, or local use, excise, gross receipts, sales, or privilege taxes, duties, fees, or similar liabilities (other than general income or property taxes) whether charged to or against the Company of its Customer. Such taxes, fees, etc. shall be paid by the Customer in addition to the charges stated herein. All such taxes, duties and fees shall each be shown as a separate line item on the Customer’s monthly invoice.

In cases involving toll fraud, the Company may backbill for one and one-half (1-½) years from the point when such fraud was detected and/or quantified.

CREDIT ALLOWANCES

Interruption of Service