These Terms of Service constitute the agreement ("Agreement") between MIXNET, Inc. ("Carrier”, “we," "us" or "MIXNET") and the End User ("you", "user" or "Customer(‘s)") of MIXNET's Business VOIP Services (“Service”, “Services”). This Agreement governs both the Service as well as any related MIXNET-supplied hardware such as a VOIP phone, IP Soft Phone, Analog Telephone Adapter, IAD, or any other IP-PSTN connection device, ("Device" or"Equipment") used in conjunction with the Service. Please be sure to initial all pages of this document and return the MIXNET. By signing and initialing this document where indicated and activating the Service, you acknowledge that you have read, understand, and agree to the Terms and Conditions of this Agreement, and are of legal age to enter into this Agreement.

1. SERVICE
1.1 START OF SERVICE, BILLING DATES, AND PRORATING - MIXNET provides a variety of billing arrangements for Customers based on Term of Service. Customers are placed on a specific Contract Term as designated on the General Information Form packet and a corresponding Billing Cycle. For Standard Billing Cycles (monthly), Customer’s Monthly Service Term begins on the first day of the month and ends on the last day of the month. Billing is processed during the first week of each month and applied to Customer accounts at that time. For non-standard or high volume billing cycles, Billing Date is determined by MIXNET based on Customer’s Contract Term and billing cycle with MIXNET. Customer’s Account Activation Date is the date that the Customer’s account is set up on MIXNET. The Service Activation Date is the date that Services become active on the MIXNET VOIP network.  Customer’s first invoice will be generated at the start of the current Standard (if standard) Billing Cycle nearest to Customer’s Account Activation Date. For prepaid accounts, The first invoice includes charges for any prorated Monthly Recurring Charges (MRCs) as well as any Non-Recurring Charges or Fees (NRCs), plus any applicable usage charges. Prorated charges are calculated based on the number of days in the month in which Service was active and are for each day of Service up until the first day of the next Billing Cycle. MRCs or other charges are billed to Customer’s account and processed during the first week of each month (for standard), or another date as determined by Customer’s Contract Term and billing cycle arrangement with MIXNET.

1.2 SERVICE TERMS AND USE OF SERVICES – Month-to-Month and Annual Service Terms - The Service Term refers to the length of the Contract Term selected MIXNET Services are ordered by Customer. This Service Term is designated on the General Information Tab of the MIXNET Order Form packet (See “Contract Duration”). MIXNET offers month to month, one (1), two (2), and three (3) Year Service Terms to Residential and/or Business Customers. The Annual Service Term Contracts automatically renew each year without further action by the Customer. When an Annual Service Contract is signed, you are purchasing the Service based on the Annual Term selected. IMPORTANT: If you terminate Service prior to the end of your Annual Term, you will be responsible for the remaining Monthly Recurring Plan Charges on all subscribed to Services for each billable month left in your Annual Term, plus any applicable Cancellation Fees (which may be waived on certain promotional offerings), a Cancellation Fee for Business Customers of $39.95 per trunk, plus any other unbilled charges, all of which become immediately due and payable upon termination or cancellation of Service/Contract. Expiration or Termination of a Month-to-Month, 1, 2, or 3 Annual Service Contract does not free Customer from paying any and all unpaid, accrued charges to MIXNET. Additionally, on special promotional offerings, any unused free months or minutes will not be credited to Customer’s account should Customer request an early cancellation of services.

1.3 BUSINESS SERVICES – LIMITATIONS OF USE OF SERVICE(S) AND DEVICES(S); PROHIBITION OF RESALE - If you have subscribed to MIXNET' Business Service Plan such as MIX Trunx Centrex (Virtual PBX) or MIX PBX, the Service and Device are provided to you as a small–medium business user.  This means that you are not to resell or transfer the Services or devices to any other person for any purpose, without express written permission from MIXNET in advance. You agree that subscription to the MIXNET Business Service Plans does not grant you the right to use the MIX Centrex, MIX PBX Service, or Unlimited or Metered SIP Trunx for auto-dialing, continuous or extensive call forwarding, telemarketing, polling, charitable or political solicitation, fax broadcasting, fax blasting, or spamming, unless prior approval was given to you by MIXNET, Inc. to use the Services in such manner. For high call volume applications, MIXNET offers Metered IP Trunking Services ( “MIX Trunx Metered” or other SIP trunking origination or termination products) which may be used for a variety of inbound/outbound Call Center, IVR, Calling Card or other high call volume applications. If you have subscribed to MIXNET IP Trunking Services, such as MIX Trunx Unlimited, Unlimited Inbound MIX Trunx, MIX Trunx Metered, or other IP Trunking Services, you are permitted to use the IP Trunks at the agreed upon rates and/or applicable Monthly Recurring Charges for your Call Center, IVR, Calling Card, or other high call volume application as displayed on your Service Order Form packet. MIXNET reserves the right to immediately modify and/or terminate the Services and/or Pricing, if MIXNET determines, in its sole discretion, that Customer's Service is being used in a manner which exceeds the stated Limitations of Use for MIX Centrex, MIX Trunk Unlimited, MIX Trunx Metered, or other IP Trunking Products as outlined above.

1.5 LAWFUL USE OF MIXNET SERVICES(S) AND DEVICE(S); PROHIBITED USES -You agree to use the Service(s) and Device(s) only for lawful purposes. This means that you will not use them for transmitting or receiving any communication(s) or material(s) of any kind when in MIXNET' sole judgment the transmission, receipt, or possession of such communication(s) or material(s) (i) would constitute a criminal offense, create a civil liability, or violate any applicable local, state, national or international law or (ii) encourages conduct or activities that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. MIXNET reserves the right to terminate your Service immediately and without advance notice if MIXNET, in its sole discretion, believes you have violated any of the restrictions noted above. Upon termination, you are immediately responsible for the full month's charges plus any unbilled or past-due charges accrued up to the end of the current Month-to-Month Term.

You are liable for any and all use of the Service(s) and/or Device(s) by yourself and by any person making use of the Service(s) or Device(s) provided to you, and by accepting these Terms & Conditions, you agree to indemnify and hold harmless MIXNET against any and all liability for any such use. If MIXNET, in its sole discretion believes that you have violated the above restrictions, MIXNET may forward the objectionable material, as well as your communications records with MIXNET and your personally identifiable information to the appropriate local, state, national, or international authorities for investigation and prosecution and you hereby consent to such forwarding.

1.6 USE OF SERVICE(S) AND DEVICE(S) BY CUSTOMERS OUTSIDE THE UNITED STATES - MIXNET encourages Customers to use the Service(s) and provides Customers live and/or email technical support for the Services within the United States. If you take the Device to a foreign country and use the Service from there, you do so at your own risk, including the risk that such activity violates the local or national laws in the country where you choose to do so. You are liable for any and all such use of the Service(s) and/or Device(s) by yourself or any person making use of the Service(s) or Device(s) provided to you and agree to indemnify and hold harmless MIXNET against any and all liability for such use. Should the removal from the United States or Canada of the Device violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless MIXNET against any and all liability for such violation. MIXNET reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States or Canada.

1.7 LOSS OF CARRIER SERVICE(S) DUE TO POWER FAILURE, ISP OR BROADBAND OUTAGE, OR ACCOUNT SUSPENSION - You acknowledge and understand that the MIXNET Service does not function in the event of power failure. You also understand that the Service is delivered to you through a fully functional broadband connection to the Internet, which is not provided by or managed by MIXNET. In the event of a power or service outage or termination of service with or by, your chosen Internet service provider ("ISP") and/or broadband service provider, the MIXNET Service will not function. During such outages, you will continue to be billed for the Service unless and until you or MIXNET terminate the Service in accordance with this Agreement. The Service will not function until power is restored or the ISP or broadband outage is cured. The Customer may have to reset or reconfigure MIXNET equipment or devices prior to utilizing the Service after a power failure or other ISP or broadband service disruption occurs. Should MIXNET suspend or terminate your Service, the Service will not function until Service is restored. You must pay any outstanding invoices, and a reconnection fee of $34.95 per line before Service is restored.

1.8 COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF SOFTWARE, HARDWARE, OR DEVICE(S) - The MIXNET Service(s) and Device(s) and any hardware or software used to deliver the Service to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on MIXNET' 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 MIXNET are the exclusive property of MIXNET and nothing in this Agreement grants Customers the right to use any of such marks. You acknowledge that you are not given any license to use the hardware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than as a nontransferable, revocable license to use such hardware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that MIXNET will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. Customer shall not reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the hardware or software. If you use the Service through an interface device not provided by MIXNET, you warrant and represent that you
possess all required rights, including software and/or hardware licenses, to use that device with the Service and you will indemnify and hold harmless MIXNET against all liability due to your use of such interface device with the Service.

1.9 TAMPERING WITH SERVICE(S) OR DEVICE(S) -Customer shall not change the electronic serial number or equipment identifier of the Device(s), or perform factory reset of the Device(s). MIXNET, reserves the right to terminate your Service(s) if you tamper with the Device(s), leaving you responsible for the remaining charges to the end of the agreed-to service term, plus any unbilled charges, plus applicable Cancellation Fee(s) all of which become due and payable and will immediately be charged to your credit card. Further, you agree not to hack or disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

1.10 THEFT OF SERVICE(S) - If the Device is stolen or you become aware that your Service is being stolen or fraudulently used by a third party, you must notify MIXNET immediately, in writing or by calling the MIXNET Customer Care Line. When you call or write the Customer Care Line, provide your MIXNET account number and a full description of the alleged Device theft or fraudulent use of Service. Failure to contact the Customer Care Line in a timely manner may result in the termination of your Service and the assignment of additional charges to your account. Until such time as MIXNET receives notice of the theft or fraudulent use, you will be liable for all use of the Service generated from a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

1.11 TRIAL PERIOD, RETURN OF DEVICE, AND DAMAGED PACKAGES - MIXNET provides a fourteen (14) day Trial Period during which time the Customer may decide if they wish to continue the Service. Only hardware device(s) may be returned to MIXNET may be returned for a refund of the net purchase price and the Service cancelled without penalty within fourteen (14) days of your Start of Service Date. There will be no refund for downloaded software device(s). Customer is responsible for all usage charges accrued during the Trial Period and must pay these charges immediately after the hardware device(s) has been returned to MIXNET.

Any hardware device that you purchased from MIXNET may be returned if the return package received by MIXNET from Customer is received within ten days of the end of the Customer’s Trial Period. If you wish to return any hardware, you must first call the MIXNET Customer Care Line to obtain a Return Shipment Authorization Code which must be displayed on the return package. Returned hardware must be received in the original and complete condition and packaging that it was originally sent in, meaning that all parts, accessories, documentation and materials are included with the return package.  Upon receipt and inspection of the return package, MIXNET will issue a credit for the original purchase amount of the equipment to the Customer’s credit card. Customer is responsible for all cost and risks associated with the return shipment of the hardware.

In the event that a MIXNET package arrives to you in a visibly damaged condition, you must note the damage on the freight bill and retain a copy for your records. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact MIXNET' Customer Care Department immediately. To obtain a return authorization number, you must contact Billing@MIXNetworks.com or 1-866-4MIXNET.

1.12 NUMBER RELEASE ON SERVICE TERMINATION - Upon termination of Service, and at the sole discretion of MIXNET, MIXNET may release a telephone number that the Customer ported into MIXNET from a previous service provider and used in connection with the Service provisioned by MIXNET. At Customer request, the number may be released to your new service provider, if the new service provider is able to port the number and provided that (1) your account has been terminated; (2) your MIXNET account is current including payment for any and all outstanding charges (including any outstanding Monthly Recurring Charges that remain on your agreed-to Service Term Agreement) and any applicable Cancellation Fees; and (3) you request the number transfer when terminating your MIXNET account.

To request a Number Release, you must obtain and submit a standard LOA (Letter of Agency) Form from your new telephone/telephony service provider, and then submit the completed form to MIXNET customer service by mail, fax, or email. Upon satisfaction of the above stated requirements for Number Release, MIXNET will release your number to your new service provider.

1.13 TELEPHONE & ENHANCED TELEPHONY SERVICE DISTINCTIONS - You understand that the Service is not a traditional telephone service, but an Enhanced Telephony Service. Distinctions exist between telephone service and the Enhanced Telephony Service provided by MIXNET. The Service is subject to different regulatory treatment than telephone service. This treatment may affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.

1.14 OWNERSHIP AND RISK OF LOSS - The Customer is the owner of the Device, and bears all risk of loss of, theft, or damage to the Device, from the time it is shipped to you until the time it is returned by you to MIXNET (if ever).
.
1.15 411 SERVICES - MIXNET supports 411 Standard and Enhanced 411 Information Services. All 411 calls are billed at $0.75 per call.

1.16 No 0+ CALLING/NO TRADITIONAL FAX SERVICE - MIXNET Service does not presently support 0+ calling (collect, third party billing, or calling card calls). Additionally, MIXNET does not support Traditional Fax Service at this time. As an alternative to Traditional Fax, MIXNET offers MIX FAX – an internet faxing solution.

1.17 PORTING - Customer may request that phone numbers be ported to the MIXNET IP Network by submitting a completed LOA (Letter of Agency) and a current bill copy from your current telephone an/or internet telephony service provider(s). No port shall be accepted or submitted without this information. Pricing for porting DIDs to MIXNET is $30.00 Per Number. Standard porting time is ten (10) to forty-five (45) days, but ports may occur before ten (10) days or after forty-five (45) days in certain circumstances. Customer should specify the desired port date in the appropriate section of the LOA. Once the LOA and bill copy are received from Customer, MIXNET shall initiate the port request and shall obtain a FOC (Firm Order Commitment) date. Customer shall be provided with a FOC (Firm Order Commitment) date informing Customer when numbers are scheduled to be ported to MIXNET. Porting time of the FOC date is 8:00 AM Eastern Time. The fees for cancelling or changing a port of a DID to MIXNET are determined by how soon before or after the FOC date a port is cancelled. Fees for cancelling a port are as follows:

For any port cancellation initiated by Customer, MIXNET shall assign the appropriate cancellation fees (as displayed above) to Customer’s account.  Payment for cancellation fees occurring within a given month shall be payable within fifteen (15) days of Customer’s receipt of the invoice displaying the port cancellation fee(s).

2. EMERGENCY CALLING SERVICES- 911 DIALING
2.1 AVAILABILITY OF 911/EMERGENCY DIALING SERVICES
In compliance with the Federal Communications Commission (FCC) WC Docket No. 05-196, MIXNET, Inc. hereby advises all current retail MIXNET customers that enhanced E911/911 calling services are available at this time, but may not be available in all service areas and may/or may not function the same as traditional 911 Services.

2.2 911 SERVICEABLE AREAS
Presently, MIXNET offers E911/911 Services via underlying third party providers. 911 Services are available only within the Continental United States and Canada. MIXNET routes 911 calls originating in the United States via 10-digit routing to PSAPs (Public Safety Answering Points) as well as via Selective Routers (where available). Selective Routers automatically recognize where a call is originating from based on the CLID (Caller ID) information and deliver the call to the most appropriate local PSAP. Presently, most 911 calls are routed via Selective Routers to the 911 Trunks of the PSAPS (where available). Services are not available in countries other than the Continental U.S. and Canada.

2.3 REGISTERED LOCATION AND E911/User Management Portal and 911 UPDATES
MIXNET must have a Registered Location Address on file for your phone number(s) in order to provide test or actual VOIP Services and/or 911 Emergency Calling Services to you.  At the time your account is provisioned, MIXNET will register one (1) phone number in the 911 database for you. The Registered Location for your account is obtained from the Registered Location information that you provided on the E911 Services tab of the Order Form Packet that you completed and supplied to MIXNET for provisioning of test or actual Services. The Registered Location Information is then tied to the E911 CID field (911 Caller ID) display of your registered phone number. You will be informed which of your phone number is registered and enabled for 911 Services in the MIXNET E911 database.

IMPORTANT: You understand that E911 Calls are routed to PSAPS based on the E911 CLID field associated with your phone number. If you change the number that you use for 911 calling, your 911 Services may not be available to you and/or may operate differently than normal.
If you change the phone number that you use for 911 calling, you must register the new E911 CID number and its associated Registered Location to the MIXNET 911 Database in order to enable 911 capabilities for the number. Failure to do so may result in unavailability of 911 emergency calling services when using an unregistered number. If the 911 call does complete, it will be routed to a National Emergency Call Center and you will be asked to verify your number and physical location by the operator. IMPORTANT: There is a charge of $120.00 for each call made on MIX Networks VOIP network to 911 with an unregistered phone number.

To manage your 911 Registered Location, go to the User Management Portal located at http://my.mixnetworks.net/ and login with your user name and password. Once you are logged in, click on the UPDATE 911 ADDRESS tab to update your registered location. You will receive a “Your Address Has Been Updated” notice if your Registered Location update was successful. You may update your Registered Location or register additional phone numbers (issued by MIXNET) at any time using the User Management Portal. NOTE: If the information that you supply for your Registered Location is incorrect or incomplete, E911/911 Services may not be available to you. For help with problems updating your E911/911 Registered Location Information in the MIXNET E911 Portal, please contact MIXNET at 863.583.0260 or CS@MIXNETWORKS.COM

You may also use the following methods to update your E911 CID and Registered Location information:
• Contact MIXNET Customer Service at 800.4MIXNET(64-9638) or 863.583.0266 during normal business hours (MONDAY - FRIDAY 8:00am
TO 6:00pm EST).
• Email (CS@MIXNETWORKS.COM) during normal business hours.

NOTE: CONTACTING MIXNET BY PHONE OR EMAIL MAY RESULT IN A DELAY OF UP TO 72 HOURS OF YOUR E911 UPDATE
INFORMATION. TO IMMEDIATELY UPDATE YOUR REGISTERED LOCATION, CHANGE YOUR E911 CID, OR TO REGISTER ADDITIONAL
PHONE NUMBERS FOR 911 SERVICES, USE THE CUSTOMER MANAGEMENT PORTAL (HTTP://MY.MIXNETWORKS.NET). 911 UPDATES MADE IN THE USER MANAGEMENT PORTAL ARE ACTIVE IN 10 MINUTES OR LESS. 

2.5 ROUTING OF E911/911 CALLS
E911/911Calls are routed based on the E911CID field for your User within the MIXNET User Management Portal (my.mixnetworks.net). For customers who subscribe to a standard MIXNET Service Plan or IP Trunk Plan with a phone number, the main phone number on your MIXNET account will automatically be registered in the E911/911 database prior to release to you (unless you specify otherwise and/or request additional numbers to be registered). If you change the number that you use for 911 Calling purposes and fail to register the number for 911 via the User Management Portal, your phone number(s) will not be recognized when placing an E911/911 call, resulting in the call failing or being sent to a National Emergency Call Center Operator, who will require you to supply your current address information. Calls from all non-registered numbers will result in a charge of $120.00 per call.

2.6 PSAP LIMITATIONS AND THE HANDLING OF E911/911 CALLS
Presently, MIXNET routes E911/911 calls from Registered DIDs to Emergency Services Operators at the various PSAPs (Public Safety Answering Points).  You understand that occasionally there may be instances where the limitations of the PSAPs determine the level of E911/911 services that you receive.  For instance, E911/911 PSAP operators may or may not be able to access the ALI Database in order to automatically retrieve information pertaining to a registered DID, such as caller name and address, and so in such instances, a Customer Subscriber may be required to verbally provide this information to the PSAP operator at the time the call is placed. Customer understands that for this reason, MIXNET can make no guarantees about the consistency of the E911/911 services, with regard to PSAP operators being able to automatically retrieve and view caller information.

2.7 INSTANCES WHERE E911/911 SERVICES MAY NOT BE AVAILABLE
You understand that while the MIXNET-provided VOIP service closely approximates traditional 911 services, there may be instances in which the E911/911 Services may function differently from traditional 911 services, or may not be available. Additionally, there may be circumstances in which the E911/911 Services may be delayed or may not be available to you. Such circumstances may include, but are in no way limited to the following:

• Electrical Power Outage and/or Broadband Internet Service Provider (ISP) outage or unavailability;
• Suspension or Termination of Customer’s account(s) or VOIP service(s);
• Relocation of Customer’s VOIP device(s) to an address other than the one given at activation, without updating the E911 Registered Address Location with MIXNET;
• Unsuitable broadband internet connection such as satellite internet; Malfunction, Failure, and/or Improper Configuration of Subscribers’ VOIP
device(s) and/or using an unapproved or unsupported VOIP or IAD device(s);
• Deficits or limitations of the PSAP, National Emergency Call Center, Emergency Services Operators or Personnel systems and/or equipment;
• Unforeseen congestion on the MIXNET VOIP network or network design factors which delay or prohibit Services;
• Incorrect Customer-supplied Registered Location Information;
• Customer or User tampering with the VOIP device(s), producing changes which prohibit utilization of the E911/911 services;
• E911 location updates to the MIXNET database will generally be available within forty-eight (48) hours or less. However, MIXNET cannot
guarantee that this will always be the case, especially if the E911/911 Registered Location Address update provided by customer is lacking and/or incongruent with the parameters of the MIXNET customer portal/database and subsequently produces a rejection of the Registered Location Address update;
• Any other unspecified circumstances which affect the use of the E911/911 services.

2.8 ALTERNATIVE 911 OR EMERGENCY DIALING ARRANGEMENTS
You acknowledge that MIXNET does not offer alternate primary line or lifeline services. It is strongly recommended that you always have an alternative means of accessing traditional 911 or Emergency Dialing Services.

3. ACCEPTANCE OF ELECTRONIC SIGNATURES & COMMUNICATION OF OFFICIAL BUSINESS
When you visit MIXNET’s websites or portals, send email or fax, or engage in IM (Instant Messenger) conversations, you are
communicating with us electronically and understand that all such communication between you and MIXNET shall constitute official
communication which is legally binding. You also consent to receive communications from us electronically and/or by traditional mail. You
understand that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. By initialing this document, you acknowledge that you have read and agree to the
terms & conditions contained herein.

4. CHANGES TO THIS AGREEMENT
4.1 CHANGES OF THE TERMS AND CONDITIONS AGREEMENT AND CHANGES TO PRICING - MIXNET may change the Terms and Conditions of this Agreement and/or Pricing at any time. Changes to the Agreement or Pricing will be considered effective as of the date the proposed change is sent to Customer via email or other means. Changes are binding on Customer on the date sent from MIXNET to Customer without further notice to the Customer by MIXNET.

5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
5.1 BILLING - Each Customer must provide MIXNET with a valid credit card number (Visa, MasterCard, Discover, American Express) at the time the Service is activated. Any other payment method must be approved by MIXNET. MIXNET reserves the right to stop accepting credit card payments from any Customer at any time. If the credit card on file for a Customer expires, a credit card account is closed, billing address changes, or the card is cancelled and replaced due to loss or theft, you must immediately advise MIXNET. All Monthly Recurring Charges, applicable taxes and surcharges, are billed monthly in advance (except for overage charges, which are billed monthly in arrears) to your credit card, along with Activation Fees, Monthly, International Usage Charges, Advanced Feature Charges, Equipment Purchases, Cancellation Fees and Shipping & Handling Charges. MIXNET retains the right to change Pricing Plans and/or bill at more frequent intervals if the Usage Amount (not including the Monthly Recurring Charge) due to MIXNET from Customer at any time exceeds $100.00. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on MIXNET website.

5.2 BILLING DISPUTES - If you dispute any MIXNET charges appearing on your statement, you must make MIXNET aware of the dispute in writing (email or otherwise) with fourteen (14) after receiving your MIXNET statement. Billing disputes should be notified to: Customer Care Billing Department, MIXNET, 608 Robin Road., Lakeland, FL 33813 or email Billing@MIXnetworks.com

5.3 PAYMENT - MIXNET accepts payments only by credit card, PayPal, or bank wire transfer. Your use of the Service authorizes MIXNET to charge the credit card account number on file with MIXNET, including any changed information given MIXNET if the card expires or is replaced, or if you substitute a different card, for MIXNET charges as set forth in Section 4.1. This authorization will remain valid until 30 days after MIXNET receives your written notice terminating MIXNET’S authority to charge your credit card, whereupon MIXNET will charge you the disconnect fee and any other outstanding charges and terminate the Service. MIXNET may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with MIXNET is declined or reversed, your credit card expires and you have not provided MIXNET with a valid replacement credit card, or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to MIXNET for ALL CHARGES ACCRUED BEFORE TERMINATION as well as any other fees pertaining to remaining contractual obligations and for all costs incurred by MIXNET in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.

5.4 PREPAID ACCOUNTS – MIXNET may offer or require certain applications to be prepaid. Service types subject to prepayment may include, but may not be limited to: Calling Card, Call Center, IVR, or any other application as determined by MIXNET. Prepayment is normally based one (1) month’s estimated usage, plus a setup fee. The prepayment shall be applied to Customer’s account and will be drawn down against usage, monthly recurring or non-recurring fees. Customer will be notified by MIXNET when the only twenty percent (20%) of the prepayment amount remains on the account. At that time, Customer will be asked to replenish the prepayment amount so that Services may be continued. Failure to replenish the prepayment amount with MIXNET before the prepayment funds are depleted will result in cessation of Services. Services may be continued when prepayment funds are received by MIXNET.

5.5 TERMINATION/DISCONTINUATION OF SERVICE - MIXNET reserves the right to suspend or discontinue the Service, or to terminate your
Service, at any time in its sole discretion. If MIXNET discontinues providing the Service, 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 months’ charges or the remaining Monthly Recurring Charges (MRCs) in your agreed-to Service Term. If your Service is terminated for any stated reason, or because of improper use of the Service or Device, you will be responsible for the full month's charges to the end of the current term or the remaining MRCs in your agreed-to Service Term, plus the disconnection fee set forth in Section 4.6, all of which immediately become due and payable.

5.6 TAXES - You are responsible for, and shall pay, any applicable federal, state, provincial, 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 your 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 credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide MIXNET with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date MIXNET receives such certificate.

5.7 DISCONNECTION FEES - If you terminate Services prior to the end of your Annual Contract Term, you will be responsible for the remaining Monthly Recurring Plan Charges for each billable month left in your Annual Contract Term, plus a Cancellation Fee of $39.95 per IP trunk, plus any other unbilled charges, all of which become immediately due and payable upon termination or cancellation of Service/Contract. Customers on Month-To-Month terms will be charged a disconnect fee of $39.95 per voice line upon termination. Customers on 1, 2, or 3 Year Service Terms are not subject to Disconnection Fees if they fulfill their agreed-to 1, 2, or 3 Year Service Terms. The disconnect fees become due and payable immediately upon Service disconnection/termination and will billed directly to Customer's credit card.

5.8 PAYPHONE CHARGES - If you make use of MIXNET’ Toll Free Services you acknowledge and agree that MIXNET is entitled to recover from you any charges imposed on MIXNET by payphone owners or operators, either directly or indirectly through MIXNET’ suppliers in connection with toll free calls made to your number, or any charges imposed on MIXNET by its suppliers to recover such costs. MIXNET may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as MIXNET deems appropriate for the recovery of these costs.

5.9 INTERNATIONAL RATES - MIXNET will make every attempt to keep the international and domestic per minute rates the same as the rates that the Customer originally signed up for Services on. From time to time, however, it may be necessary to increase or decrease the rates due to change in wholesale costs or legislation enactments that are not under the control of MIXNET. In the event that there must be a rate change for international and/or domestic per minute costs to Customer, MIXNET will notify Customer in writing within twenty-four (24) hours of any changes to the original rate plan. The rate change will become effective immediately upon delivery to the Customer and will be reflected in the Customer’s bill from the delivery of notice date forward.

5.10 BILLS ON DISC - A Call Record is defined as any billable or non-billable Call made by the Customer and placed on the Customer’s MIX Network’s less than 10,000 Call Records per billing cycle and those who generate more than ten thousand (10,000) Call Records per billing cycle. For Customers with less than 10,000 Call Records per month, Customer will receive an emailed Invoice Summary Page according to their particular billing schedule established by MIXNET. Customer will also receive an html format if their Call Record Detail.

6. WARRANTY OF SERVICES, LIMITATION OF LIABILITY AND INDEMNIFICATION

6.1 AVAILABILITY OF SERVICES -MIXNET makes no warranties or claims, nor guarantees to Customer regarding the reliability or availability of the VOIP/E911/911 services. Additionally, MIXNET is not liable for any delay or failure to provide the VOIP/E911/911 services including, at any time or from time to time, or any interruption or degradation of voice quality that is caused by, but in no way limited to, any of the following events:

1.) Act of an underlying carrier, service provider, vendor or other third party;
2.) Equipment, network or facility failure, upgrade, or modification;
3.) Events such as (but not limited to) acts of god; power outages; strikes; fire; war; riot; government actions;
4.) Equipment, network or facility shortage or relocation;
5.) Service, equipment, network or facility failure caused by Customer’s loss of power;
8) Outage of Customer’s ISP or broadband service provider;
9) Act of Customer or any person using the Service or Device provided to Customer; or
10) Any other cause that is beyond MIXNET' direct control, including without limitation a failure of or defect of Device, failure of a communication, the inability of communications (including without limitation 411, E911/911, or Fax dialing) to be completed, or degradation of voice quality. MIXNET's liability for (i) any failure or mistake; (ii) any claim with respect to MIXNET’ performance or nonperformance hereunder or (iii) any MIXNET act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

6.2 DISCLAIMER OF DAMAGES - IN NO EVENT SHALL MIXNET’ 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 DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, OR PROFITS, DAMAGES ASSOCIATED WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL Fax, 0+, 411,911 OR ACCESS OTHER EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT MIXNET WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

6.3 INDEMNIFICATION AND LIMITATION OF LIABILITY - By agreeing to these Terms and Conditions, you agree to indemnify, defend, and hold harmless MIXNET, its directors, officers, employees, affiliates, agents, partners, technicians, and/or underlying service or database providers, from any and all any losses, claims, or damages sustained by , Your Family Members, Colleagues, Coworkers, Employees, Partners and/or Affiliates, and End, Circumstantial, or Third Party Users, due to or resulting from, any failure in or breakdown of the communication services, facilities, or systems associated with providing the MIXNET VOIP/E911/911 services, or for any delay, interruption or degradation of the VOIP/E911/911 services whatsoever shall be the cause or duration thereof, or for any other cause or claim whatsoever arising under this Term of Service.

In no event shall MIXNET be liable to You, Your Family Members, Colleagues, Coworkers, Employees, Partners and/or Affiliates, and End, Circumstantial, or Third Party Users, for an direct, indirect, consequential, or special losses, damages, or claims of any kind, resulting from the ability or inability to use the VOIP/E911/911 services howsoever arising, and whether under contract, tort or otherwise (including, but not limited to, attorney fees, third party claims, loss of life, loss of business or profits, loss of customers, and/or damage to reputation or goodwill).

6.4 NO WARRANTIES ON SERVICE - MIXNET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY
WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, MIXNET DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR
INFORMATION. NEITHER MIXNET 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 MIXNET'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 MIXNET'OR ITS SERVICE PROVIDERS’ or VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY MIXNET OR MIXNET'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY.

6.5 NO WARRANTIES, OR LIMITED WARRANTIES, FOR DEVICES - If Customer received the Device new from MIXNET and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from MIXNET at the time of receipt, 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 or failure. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE, MIXNET MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY HARDWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.

6.6 CONTENT - Customer is responsible for any liability arising out of the content transmitted by or to you or Users using the Services. Customer must assure that your or User's* use of the Services will at all times comply with all applicable laws, regulations and written and electronic instructions for use.

MIXNET reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if MIXNET determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with MIXNET' 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. MIXNET' actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold MIXNET 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 THE MIXNET CUSTOMER.

7. GOVERNING LAW / RESOLUTION OF DISPUTES
7.1 WAIVER OR TRIAL BY JURY - Both MIXNET and the Customer hereby knowingly, irrevocably, and voluntarily and intentionally waive any rights to a trial by jury in respect of any action proceeding, or counterclaim based on this Agreement or the MIXNET Service(s), or any course of conduct, course of dealing, statements, (verbal or written) or action of any Party hereto. This provision is a material inducement for MIXNET and the Customer entering into the subject transaction. CUSTOMER ACKNOWLEDGES THAT THIS SECTION 6.1 CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

7.2 GOVERNING LAW - The Agreement and the relationship between you and MIXNET shall be governed by the laws of the State of Florida, with venue in Polk County, Florida without regard to conflict of law provisions. If court action is initiated to enforce an arbitration award or for any other reason consistent with Section 6.1, you and MIXNET agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida, with venue in Polk County, Florida and hereby waive any objection as to venue. MIXNET’ failure to exercise 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.

7.3 ENTIRE AGREEMENT - This Agreement and the Rate Schedule & paperwork signed by Customer and MIXNET constitute the entire agreement between you and MIXNET and govern your use of the Service and Device. This entire agreement supercedes any prior agreements between you and MIXNET 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 MIXNET unless and until posted in accordance with Section 3 hereof.

7.4 SEVERABILITY - If any part of this Agreement is ever legally declared invalid, 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.

8. PRIVACY
MIXNET Service utilizes the public Internet and various third party networks to transmit voice communications. MIXNET is not liable for any invasion of privacy experienced by Customer with regard to the Service.

9. ACCEPTANCE OF DIGITAL SIGNATURES
BY INITIALING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS
& CONDITIONS DOCUMENT, VERSION v.040109. I UNDERSTAND THAT MY INTIALS BELOW ARE MY DIGITAL SIGNATURE AND SERVE AS
MY ACCEPTANCE OF THE MIXNET TERMS AND CONDITIONS AS OUTLINED IN THIS DOCUMENT.
SIGNATURES:

CUSTOMER _______________________________
MIXNET ___________________________________
DATE: ____________________________________

BACK TO HOME