This agreement ("Agreement") is between Interactive Services Network, Inc. ("we","us" or "ISN") and the user ("you", "user" or "Customer") of ISN's enhanced Residential or Business communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. SERVICE
1.1 Term
Unless stated otherwise in a promotional offer or plan, Service is offered on a monthly basis for a term beginning on your Service activation date and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give ISN written notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. Unless stated otherwise in a promotional offer or plan, Customer is 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 months 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. In the event Customer signed up for Service through a promotional offer or plan that has a term requirement beyond month-to-month, and cancels Service prior to the specified term, Customer agrees to be responsible for the following early termination penalties: $25 times the number of months remaining under the promotional offer or plan.

1.2.1 Residential Use of Service and Device
If you have subscribed to ISN's residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent 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, or make any charge for the use of the Service, without express written permission from ISN in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay ISN's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. ISN reserves the right to immediately terminate or modify the Service, if ISN determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.

1.2.2 Business Use of Service and Device Prohibition on Resale
If you have subscribed to ISN's Business services, the Service and Device are provided to you as a business user. 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 ISN in advance. You agree that the ISN Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. ISN reserves the right to immediately terminate or modify the Service, if ISN determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities.

1.3 Lawful Use of Service and Device

1.3.1 Prohibited Uses:
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 communication or material of any kind when in ISN'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. ISN reserves the right to terminate your service immediately and without advance notice if ISN, 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, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless ISN against any and all liability for any such use that fails to comply with this Section 1.3.1. If ISN, in its sole discretion believes that you have violated the above restrictions, ISN may forward the objectionable material, as well as your communications with ISN and your personally identifiable information to the appropriate authorities for investigation and prosecution.

1.3.2 Use of Service and Device by Customers Outside the United States:
While we encourage use of the Service within the United States to other countries, ISN does not presently offer or support the Service to customers located in other countries. 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. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.

1.4 Loss of Service Due to Power Failure
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including the 911 calling feature.

1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on ISN’s website(s) are protected by trademark, copyright 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 ISN are and shall remain the exclusive property of ISN and nothing in this Agreement shall grant you the right to 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 Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, 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 ISN, which ISN 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 and you will indemnify and hold harmless ISN against any and all liability arising out of your use of such interface device with the Service.

1.6 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 ISN in each instance. ISN 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 a disconnect fee, all of which immediately become due and payable.

1.7 Theft of Service
You agree to notify ISN immediately, in writing or by calling the ISN 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 write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

1.8 Return of Device
The Device may be returned to ISN Telcom within fourteen (14) days of the line termination to receive a credit for the $99.00 disconnect fee (refer to section 4.6 of this document regarding termination fees), provided: (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 ISN's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. Please refer to the ISN warranty materials included in the packaging of your Device(s).

1.9 Number Transfer on Service Termination
ISN may, solely at the Company’s discretion, release the telephone number that was ported in to ISN by you and used in connection with your Service provisioned by ISN 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 ISN account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.

1.10 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by ISN. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies.

2. Non-Availability of E911 Dialing Service:
You acknowledge and agree that we have informed you that the Service presently does not support E911 and 911 or any other type of 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.

3. CHANGES TO THIS AGREEMENT
ISN may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted. The Agreement posted will supercede all previously agreed to electronic and written Terms of Service.

4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
4.1 Billing
Customer agrees to provide a valid credit card number when Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise ISN at once. We will bill all charges monthly to your credit card, including but not limited to: activation fees, monthly service fees, applicable taxes, international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. ISN reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50.

4.2 Billing Disputes
You must notify ISN in writing within 7 days after receiving your credit card statement if you dispute any ISN charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:

Customer Care Billing Department
ISN Telcom
1035 NE 125th Street, Suite 200,
North Miami, FL 33161.
billing@isncom.com

4.3 Payment
ISN only accepts payments by credit card. Customer understands and agrees that Service is billed one month in advance (with the exception of separately billed long distance services which are billed one month in arrears). Customer expressly authorizes ISN to bill Customer’s credit card on each successive billing date without obtaining Customer’s permission after the initial charge and such charges will be processed at the beginning of each month for the Service to be rendered during that month. ISN may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with ISN is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to ISN for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by ISN owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

4.4 Termination/Discontinuance of Service
ISN reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If ISN 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 or Device (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 a disconnect fee, all of which immediately become due and payable.

4.5 Taxes
Customer is responsible for, and shall pay any applicable federal, state, 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 Customer’s 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 account. If Customer is exempt from payment of such taxes, it will provide ISN with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date ISN receives the Tax Exempt Document.

4.6 Money Back Guarantee
Customer will be charged a disconnect fee of $99.99 per voice line upon termination of Service for any reason or for convenience by Customer. The disconnect fee becomes due and payable immediately upon termination and will billed directly to Customer's credit card. If Customer has multiple lines, Customer will be charged a disconnect fee of $99.99 per line for each line disconnected. To receive a credit for the disconnect fee, Customer must return the Device(s) undamaged and in original condition within fourteen (14) days of termination as set forth in Section 1.8. ISN will not credit Customer if the Device(s) is damaged or not in its original condition as received by the Customer or if Customer has otherwise failed to comply fully with the requirements of Section 1.8. In the event Customer disconnects multiple lines, ISN will issue Customer a credit for all disconnect fees upon receipt of all Devices (including without limitation Analog Telephone Adapters) in accordance with this Section and Section 1.8.

4.7 Money Back Guarantee
ISN offers a 14-day money back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the Money-Back Guarantee, ISN refunds any applicable equipment cost, activation fee, first month of service and shipping charges. ISN reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.

User must cancel service within 14 days of the account activation. Equipment must be returned within 14 days. Usage must not exceed 250 minutes within the first 14 days of service. User is responsible for any charges for overage, international traffic or directory assistance. Accounts exceeding 250 minutes of usage are not eligible for refund.

All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from ISN Customer Care. User is responsible for return shipping of equipment. The money back guarantee will not be honored if user fails to meet all above requirements

.
To obtain a return authorization number, user must contact billing@isncom.com

5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

5.1 Limitation of Liability
ISN shall 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:

1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to Customer; or
8.) any other cause that is beyond ISN's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including 911 dialing, or degradation of voice quality. ISN's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.

5.2 No Consequential Damages
In no event shall ISN, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not ISN was informed of the likelihood of any particular type of damages.

5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless ISN, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.

5.4 No Warranties on Service
ISN makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. ISN does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither ISN nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to ISN'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 ISN's or its service providers’ or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by ISN or ISN's agents or installers are informational and are not given as a warranty of any kind.

5.5 No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from ISN 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 ISN at the time of purchase, Customer agrees that it accepts its Device ¿as is¿ and that Customer is not entitled to replacement or refund in the event of any defect.

5.6 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.

5.7 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User¿s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. ISN reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if ISN determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with ISN's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. ISN's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold ISN against any and all liability arising from the content transmitted by or to you or to Users using the Services. A ¿User¿ means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Governing Law
The Agreement and the relationship between you and ISN shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Venue shall be in Miami-Dade County, Florida. The parties expressly waive any right to a jury trial. You and ISN agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida. The failure of ISN to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

6.2 Entire Agreement
This Agreement and the rates for Services found on ISN's website constitute the entire agreement between you and ISN and govern your use of the Service, superseding any prior agreements between you and ISN and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon ISN unless and until posted in accordance with Section 3 hereof.

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

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

8. CHANGES; NOTICES
Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the ISN Web Site (currently located at http://www.isncom.com ). Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the ISN Web Site and no further notice by ISN is required.

Last Updated: September 20, 2004.