VOYSSplus VoIP SERVICE TERMS AND CONDITIONS

This agreement ("Agreement") is between Voyss Solutions ("Voyss") and an end user ("End User") of the Voyssplus Voice over Internet Protocol Service ("Voyssplus"). Any Voyssplus services or products ("Services") provided by Voyss to End User shall be governed by the terms and conditions herein. By purchasing the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between End User and Voyss by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY DISCONNECTION FEE; and (3) LIMITING Voyss’ LIABILITY UNDER THE AGREEMENT. End User acknowledges that they are of legal age to enter into this Agreement.

1. TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY Voyss, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Voyss. No waiver or amendment to this contract or these terms and conditions shall be binding on Voyss unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of Voyss.

2. TERM. The term of this Agreement ("Term") begins on the date that End User purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User ("Plan"). At the end of the current Term, the Term is automatically renewed unless End User provides Voyss, prior to the end of the current Term, notification of intention to cancel the service. End User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End User of responsibility for paying all unpaid, accrued charges due hereunder. If End User chooses to cancel the service before the end of the current Term, Disconnection fees may apply as set forth below.

3. ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.

4. INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.

5. NON-VOICE SYSTEMS. END USER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. END USER HAS NO CLAIM AGAINST Voyss FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.

6. 911 ACKNOWLEDGEMENT. VOYSSPLUS E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND FAX AND VOICE SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLL-FREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS. END USERS WHO SUBSCRIBE TO VOYSSPLUS VOIP SERVICE WILL BE REQUIRED TO SIGN THE VOYSSPLUS VOIP 911 TERMS OF SERVICE AGREEMENT.

7. EQUIPMENT. To provide the Services, Voyss may provide Equipment to End User. All Equipment shipments are F.O.B. Voyss' facility. Voyss' liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. End User will be provided a twelve (12) month manufacturer's warranty from the date of purchase of Equipment or Service. End User shall be required to obtain authorization from Voyss to return any Equipment. Voyss will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. Voyss will not cover replacement for lost, stolen or modified equipment. Equipment returned by End User that is not covered under warranty may be refused by Voyss, and End User will be responsible to pay return shipping charges.
8.BILLING, CHARGES AND PAYMENT.
8.1. PAYMENT. Upon purchase of the Service, End User must provide Voyss with a valid credit card number or bank routing number for automatic draft. End User authorizes Voyss to charge the credit card number or draft the account provided by End User for all charges arising from End User's use of the Services. End User agrees to notify Voyss of any change to the credit card or banking information including, but not limited to, changes in account number, expiration date or billing address. Voyss shall not be responsible for any charges made by the Credit Card issuer or financial institution to End User's Credit Card or Bank account for exceeding credit limit, insufficient funds or other reasons. End User's credit card or bank account will not be billed until product has shipped. Estimated ship dates are approximate and are not guaranteed.

8.2. CREDIT TERMS. All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by Voyss. End User will provide such credit information or assurance as is requested by Voyss at any time. Voyss, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.

8.3. BILLING. Voyss will provide End User with a monthly billing statement for the Services and bill all charges invoiced to End User's account to the Credit Card or drafted from Bank account. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed subsequent to the end of each month's service and may be paid by Credit Card or Bank draft if approved by Client to do so. Billing for monthly service fees commences upon purchase of the Services, and the first month's monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.

8.4. LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges or draft, Voyss may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Voyss. If charges cannot be processed to the Credit Card, End User will be charged a fee of twenty-five dollars ($25.00). A fee will also be charged to activate a suspended account. No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.
8.5. REGULATORY RECOVERY FEE. A Regulatory Recovery Fee of $1.50 will be charged monthly to offset costs incurred by Voyss in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers. This fee is included in the cost of the monthly recurring charge for each Service plan.
8.6. DISCONNECTION AND CONVERSION FEES. If an End User terminates voice Services within twelve (12) months of the initial purchase of the Services, Voyss shall charge a service Disconnection Fee of fifty nine dollars and ninety nine cents ($59.99) for each extension. If an End User terminates a voice services within twenty four (24) months of the initial purchase of the Services, Voyss shall charge a Disconnection Fee of twenty-nine dollars and ninety-nine cents ($29.99) for each Extension. Disconnection Fees shall be billed to End User's Credit Card or Bank account when End User notifies Voyss of the cancellation of the Services.

8.7 TERMINATION LIABILITY.  If the Agreement is terminated any time during the Term, Customer shall pay to Voyss Solutions, immediately upon demand, (i) all sums then due and unpaid plus (ii) an amount equal to the Minimum Monthly Fee times the number of months left in the Term. No termination liability will apply in the event that the Agreement is terminated by Customer pursuant to Section 13.2 at the end of a Term or as the result of a Voyss Solutions breach, however, in such event Customer shall be responsible for payment of all charges incurred prior to the termination date. In the event Customer terminates the Agreement at any time during the period prior to commencement of the Term, except as permitted by Section 13.2 Customer shall pay to Voyss Solutions, immediately upon demand, (i) all sums then due and unpaid for the Services plus (ii) an amount equal to six (6) times the Minimum Monthly Fee.

8.8. RATE CHANGES. Voyss may change the prices for the Services and toll charges from time to time. Voyss may change prices, plans, taxes or fees without any advance notice. In the event of a change in prices or toll charges, Voyss will post such changed rates to the web site currently located at http://www.voyss.com/terms. html. International toll calling rates are updated periodically and no other notice shall be provided for changes to international toll calling rates.

8.9. CREDITS. End User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.

8.10 DISCOUNTS. From time to time in its sole discretion, Voyss may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.

8.11. BILLING DISPUTES. End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by Voyss or End User waives any objection and further recourse. Written statements disputing charges must be sent to:
Billing Department
Voyss Solutions
PO Box 17439
Winston-Salem, NC 27116
-or- claims@Voyss.com

9.TOLL CHARGES. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN"), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the lower 48 United States and Canada will be charged at the current rates published on the Voyssplus web site at www.voyss.com/terms. html. The duration of each call is to be calculated in one minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When End User dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by an End User to an International mobile, rather than landline, or premium rate telephone number may result in higher toll charges.

10. TELEPHONE NUMBER. Any telephone number provided by Voyss ("Number") to the End User shall be leased and not sold. End User is not to use the Number with any other device other than the Equipment without the express written permission of Voyss. Voyss reserves the right to change, cancel or move the Number at its sole discretion.

11.LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. End User shall not modify the Equipment in any way without the express written permission of Voyss. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End User shall immediately notify Voyss of any lost or stolen Equipment and shall cooperate with Voyss in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At Voyss' sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that Voyss is informed of the loss or theft and can effect a termination of the Services.

12.PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of Voyss or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of Voyss. End User understands that neither Voyss nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Voyss. Voyss' Service Plans for business End Users that include minutes of PSTN calls are for reasonable business use of End User only. Such use shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage. End User shall not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. End Users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Any use found to be inconsistent with this restriction will result in termination of the Service. Voyss reserves the right to immediately terminate or modify the Services of any End User if Voyss determines, in its sole discretion, that End User is not using the Services for End User's reasonable business use.

13.CHANGES TO THE AGREEMENT, SERVICES OR PLAN. Voyss reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, Voyss will post to the Web Site currently located at http://www.voyss.com/terms.html. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.

14.NOTICE. Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site ("Change Date"), and no additional notice will be required. If End User does not send Voyss notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.

15. TERMINATION. End User agrees to provide Voyss with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Voyss. In accordance with section 5, Disconnection Fees may apply. Voyss reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, Voyss' network or other End User's use of the Services. Voyss reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Voyss' determination is final and binding on End User. Voyss may require an activation fee to change or resume a terminated or suspended account.

16.PRIVACY. Voyssplus utilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, Voyss cannot guarantee the security of voice and video communications of End User. Voyss is committed to respecting an End User's privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User's relationship with Voyss. Voyss will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User's prior permission is obtained, Voyss will only share the personal data End User provides with other Voyss entities and/or business partners that are acting on Voyss' behalf to complete the activities described herein. Such Voyss entities and/or national or international business partners are governed by Voyss' privacy policies with respect to the use of this data. However, Voyss reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Voyss or any company affiliated with Voyss. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Voyss may disclose personally identifiable information.

17. RETURNS AND ADJUSTMENTS. No Equipment may be returned by End User for any reason without prior approval of Voyss. End User shall be responsible for all costs related to shipping to Voyss any Equipment that is being returned. Any Equipment returned to Voyss without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from Voyss, return to Voyss any Equipment provided hereunder, undamaged and in good working condition, and with its original content or otherwise will be immediately responsible for paying to Voyss an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.

18. TECHNICAL SUPPORT. Voyss provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.

19.BREACH. In the event of End User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse Voyss for all attorney, court, collection and other costs incurred by Voyss in the enforcement of Voyss' rights hereunder and Voyss may keep any deposits or other payments made by End User.

20. INDEMNIFICATION. End User agrees to defend, indemnify and hold Voyss, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

21. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL VOYSS OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE 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 SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF VOYSS OR ITS VENDORS OR OTHERWISE.

22.WARRANTY AND LIABILITY LIMITATIONS. VOYSS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER VOYSS NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO VOYSS' OR END USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'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 VOYSS' OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST VOYSS MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND VOYSS HAS NO LIABILITY THEREAFTER. VOYSS' LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. VOYSS MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN VOYSS. IN NO EVENT SHALL VOYSS' TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO VOYSS IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

23.EXPORT COMPLIANCE. End User agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

24. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End User by Voyss or its vendors.

25. SOFTWARE COPYRIGHT. Any software used by Voyss to provide the Services and any software provided to End User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End User may not copy the software or any portion of it.

26. SURVIVAL. The provisions of section 3, 5, 15, 16, 17, 18, 19 21, 24 and 26 shall survive any termination of the Agreement.

27. NOTICES. Voyss communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User ("Email Address"). End User is responsible for notifying Voyss of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.

25.FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). Voyss shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Voyss as may occur in spite of Voyss' best efforts.

29.GOVERNING LAW / RESOLUTION OF DISPUTES. 29.1. Mandatory Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, END USER AND VOYSS WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO END USER, INCLUDING ANY BILLING DISPUTES (“CLAIM”). CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires End User to arbitrate claims against other parties relating to Services or Products provided or billed to End User if Claims are asserted against Voyss in the same proceeding. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www. adr.org. The AAA has a fee schedule for arbitrations. End User will pay the published share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”) except that: (a) for Claims less than $20, Voyss will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, End User will pay only $20 in Fees and Expenses, or any lesser amount as provided under AAA’s Supplemental Procedures for Consumer- Related Disputes. End User and Voyss agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. If End User requests an arbitration hearing, that hearing will take place either telephonically or in Hickory, NC . As a limited exception to the agreement to arbitrate, End User and Voyss agree that: (a) End User may file Claims in small claims court in Catawba County, North Carolina, if the Claims qualify for hearing by such court; (b) if End User fails to timely pay amounts due, Voyss may assign the account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; and (c) any Claim filed as a class action is not subject to arbitration but instead must be filed in the North Carolina Superior Court, County of Catawba or in the United States District Court for the Western District of North Carolina.

29.2. Prefiling Notice of Claim. BEFORE INSTITUTING ARBITRATION OR SUIT, END USER AGREES TO PROVIDE VOYSS WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO VOYSS . IF Voyss IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN END USER OR Voyss MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 26.1. All claim notices should be sent to:
VP Customer Relations
Voyss Solutions
PO Box 17439
Winston-Salem, NC 27116
-or- claims@voyss.com

29.3. Governing Law. The Agreement and the relationship between End User and Voyss shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 26.1, End User and Voyss agree to submit to the personal and exclusive jurisdiction of the courts within the state of North Carolina, to the extent possible in Catawba County, and waive any objection as to venue or inconvenient forum. The failure of Voyss 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. End User agrees 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.

30. ENTIRE AGREEMENT. The terms and conditions of this Agreement, along with the rates posted to the web site currently located at http://www.voyss.com/terms constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of Voyss and End User.
-------------------------------------------------------------------------------- VoIP 911 SERVICES TERMS OF SERVICE BY USING AND PAYING FOR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE VOYSSplus 911EMERGENCY DIALING SERVICE, AND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR ENHANCED 911 ("e911") CALLS. YOU ACKNOWLEDGE AND UNDERSTAND THAT VOYSS OFFERS A 911 EMERGENCY SERVICE AS DESCRIBED HEREIN AND THAT SUCH 911 DIALING IS DIFFERENT IN A NUMBER OF IMPORTANT WAYS (SOME, BUT NOT NECESSARILY ALL, OF WHICH ARE DESCRIBED IN THIS AGREEMENT) FROM TRADITIONAL 911 SERVICE, AND THAT WE HAVE TOLD YOU THAT THE VOYSS SERVICE DOES NOT SUPPORT TRADITIONAL 911 OR E911.

VOYSSplus 911 DIALING CANNOT BE USED IN CONJUNCTION WITH A SOFT PHONE APPLICATION AND IS ONLY AVAILABLE ON VOYSS PROVIDED DEVICES OR EQUIPMENT. YOU AGREE TO INFORM ANY GUESTS AND OTHER THIRD PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF THE NON-AVAILABILITY OF TRADITIONAL 911 OR E911DIALING FROM YOUR VOYSS SERVICE AND DEVICE(S) AND TO INFORM THEM OF THE IMPORTANT DIFFERENCES AND LIMITATIONS OF VOYSS 911 DIALING SERVICE AS COMPARED WITH TRADITIONAL 911 OR E911 DIALING THAT ARE SET FORTH IN THIS AGREEMENT.

911-TYPE DIALING CAPABILITIES WITH VOYSSplus SERVICE WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING VOYSS PLUS SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER MAY BE LOCATED AT A PUBLIC SAFETY ANSWERING POINT (PSAP) DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE OR OTHER BACK-UP EMERGENCY ANSWERING SERVICES. VOYSS RELIES ON THIRD PARTIES FOR THE FORWARDING OF INFORMATION UNDERLYING SUCH ROUTING, AND ACCORDINGLY VOYSS AND ITS THIRD PARTY PROVIDER(S) DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH INFORMATION OR ROUTING IS INCORRECT. IN ADDITION, VOYSS PLUS 911 SERVICE HAS FEWER CAPABILITIES THAN TRADITIONAL 911 OR E911 SERVICE AS FOLLOWS: VOYSS 911 EMERGENCY DIALING IS ONLY AVAILABLE AT THE PHYSICAL STREET ADDRESS REGISTERED WITH VOYSS FOR THE PARTICULAR AREA CODE AND PHONE NUMBER

You acknowledge and agree that 911-type Services shall only be available at the Physical street address associated with the particular Area Code and Phone Number assigned to you. You further acknowledge and agree that 911-type Services will not be available to a particular customer and neither VOYSS nor its underlying service providers shall have any liability to you or any third party for failure to provide 911 Services to you in the event of the assignment of a Area Code and Phone Number to you located outside of the Exchange Area associated with your physical street address or relocation of the telephone device to which an Area Code and Phone Number has been assigned to a location other than your physical street address as registered with VOYSS.

FAILURE TO DESIGNATE THE CORRECT PHYSICAL STREET ADDRESS IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL CURRENT AND CORRECT PHYSICAL STREET ADDRESS LOCATION WHERE YOUR VOYSS EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. When activating Service you must provide the actual physical street address where the Device will be located, not a post office box, mail drop or similar address. You acknowledge and understand that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your VOYSS Device to a different street address. Any change of the devices physical address must be coordinated with VOYSS for the service and 911 to work properly.

AUTOMATED NUMBER & LOCATION IDENTIFICATION THE PSAP RECEIVING VOYSSplus VOICE 911 EMERGENCY SERVICE CALLS MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. VOYSS' system is configured in most instances to send the automated number identification information and to transmit identification of the address that you have registered with VOYSS to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911; however, one or more telephone companies, not VOYSS, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number and location in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

POWER FAILURE, OUTAGES OR DISRUPTIONS OF SERVICE YOU ACKNOWLEDGE AND ACCEPT THAT VOYSSplus 911 SERVICE WILL NOT FUNCTION IF YOUR EQUIPMENT FAILS OR IS NOT CONFIGURED CORRECTLY OR IF YOUR VOYSSplus SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION INCLUDING SUSPENSION OR TERMINATION OF SERVICE BY YOUR BROADBAND PROVIDER AND/OR ISP OR BY VOYSS FOR ANY REASON INCLUDING BILLING ISSUES OR FOR OTHER REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT. IF THERE IS A POWER OUTAGE THE SERVICE AND 911 DIALING WILL NOT FUNCTION UNTIL POWER IS RESTORED AND YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE VOYSS EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR VOYSSplus VOICE SERVICE, INCLUDING FOR 911 PURPOSES. POSSIBILITY OF NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING OR ANSWERING 911 YOU ACKNOWLEDGE AND UNDERSTAND THAT FOR TECHNICAL REASONS ASSOCIATED WITH THE POSSIBILITY OF NETWORK CONGESTION, WITH VOYSSplus VOICE SERVICE THERE IS A GREATER POSSIBILITY THAT YOUR 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER, AS COMPARED TO TRADITIONAL 911 CALLS OVER TRADITIONAL PUBLIC TELEPHONE NETWORKS. You acknowledge and accept that VOYSS relies on third parties for the forwarding of information underlying such routing, and accordingly VOYSS and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect.
LIMITATION OF LIABILITY AND INDEMNIFICATION AS DESCRIBED HEREIN, THIS 911-TYPE DIALING CURRENTLY IS NOT THE SAME AS TRADITIONAL 911 OR E911 DIALING, AND AT THIS TIME, DOES NOT NECESSARILY INCLUDE ALL OF THE CAPABILITIES OF TRADITIONAL 911 DIALING. YOU ACKNOWLEDGE AND UNDERSTAND SUCH LIMITATIONS AND AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS VOYSS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER OF ITS UNDERLYING PROVIDERS, SERVICE PROVIDERS OR OTHER THIRD PARTY PROVIDERS WHO FURNISH SERVICES TO YOU OR VOYSS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE RELATING TO OR ARISING OUT OF THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 DIALING AND/OR INABILITY OF YOU OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL AND/OR MISROUTES OF 911 CALLS, INCLUDING BUT NOT LIMITED TO MISROUTES RESULTING FROM YOUR PROVISION TO VOYSS OF INCORRECT ADDRESS INFORMATION IN CONNECTION THEREWITH. FURTHER, YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION RESULTING FROM THE FOREGOING EVENTS OR CONDITIONS UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, GROSS RECKLESSNESS, OR INTENTIONAL GROSS MISCONDUCT ON THE PART OF VOYSS.
ALTERNATIVE 911 ARRANGEMENTS YOU ACKNOWLEDGE THAT VOYSS DOES NOT OFFER PRIMARY LINE OR LIFELINE SERVICES, AND THAT VOYSS STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911SERVICES. --------------------------------------------------------------------------------