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5LINX® Representative Agreement Terms and Conditions

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GLOBALINX™ Terms and Conditions

I. THE AGREEMENT

These Terms and Conditions constitute the agreement (the “Agreement”) between GLOBALINX™ owned and operated by 5LINX® Enterprises, Inc (“Company,” us or we) and the user (“you,” “user” or “Customer”) of Company’s residential and small business communications services and any related products or services. For purposes of the Agreement, “you” means the customer, defined as either (i) the person identified in Company’s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s).

BY ENROLLING IN, USING, OR PAYING FOR THE COMPANY SERVICE(S), YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING COMPANY AT THE ADDRESS ON YOUR EMAIL PURCHASE CONFIRMATION OR YOUR INVOICE FOR FURTHER DIRECTIONS. The Agreement governs the Service and any devices, such the Digital Telephone Adapter (“DTA”) 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 understand, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms.

Company may change the Terms and Conditions of the Agreement from time to time. Notices will be considered given and effective on the date posted at www.GLOBALINX.com. The Agreement posted super cedes all previously agreed to electronic and written Terms and Conditions.

The rates and charges for the Service, which may be found at www.GLOBALINX.com, are effective as of April 1, 2006, and are subject to change. For the most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.GLOBALINX.com (see Rates and Terms & Conditions links) or call us at the toll-free number listed on the first page of your invoice. All copyrights and service marks are the exclusive property of GLOBALINX™ unless otherwise specifically attributed otherwise.

II. EMERGENCY SERVICES — 911 DIALING

A. Possible Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as “911 Dialing” which is a limited emergency calling service available only on GLOBALINX™ -certified Devices or Equipment. The 911 Dialing feature cannot be used in conjunction with a GLOBALINX™ Soft Phone or Virtual Numbers. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each GLOBALINX™ phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under “Features,” and below. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the GLOBALINX™ 911 Dialing feature as compared with traditional 911 or E911 dialing. The documentation that accompanies each Device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department at 1-866-418-1495.

B. Registration of Physical Location Required. For each phone number that you use for the Service, you must register with GLOBALINX™ the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the “911” registration link on your GLOBALINX™ web-based Control Panel page. For purposes of the 911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.

C. Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an e-mail from us confirming that the 911 Dialing feature has been activated for that phone line.

D. How Emergency Personnel are contacted. We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.

E. Service Outages.

Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
Service Outage Due to Suspension or Termination of Your GLOBALINX™ Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.
Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that GLOBALINX™ is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing,that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

F. Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.

G. Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

H. Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.

I. No Automated Location Identification. In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator will not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the Service is not operational for any reason.

J. Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither GLOBALINX™ nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless GLOBALINX™ , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

K. Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.

III. SERVICE

A. Term

Service is offered on a monthly basis for a one year term that begins on the date GLOBALINX™ activates your Service and ends on the day before the same date in the following year. Subsequent terms of this Agreement automatically renew on a monthly basis after 12 months of service unless you give us written notice of non-renewal at least fifteen [15] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

B. Disconnect Fee

You may cancel the Service for any reason at any time. There is a $99 disconnect fee if you cancel the service in your first twelve months for any GLOBALINX™ plan.

C. Money Back Guarantee

Company offers a 30-day money back guarantee, applicable to one primary line per account, but which is not applicable to additional or secondary lines or other services (such as toll-free). Under the terms of the Money Back Guarantee, Company will refund the activation fee and the first month of service. Company reserves the right to terminate or revoke the Money Back Guarantee at any time, without prior notice.

To qualify for this money back guarantee, you must cancel service and return any Company equipment within 30 days from your initial order date. Your usage must not exceed 250 minutes within the first 30 days of service for Residential plans or 500 minutes within the first 30 days of service for Business Plans. You are responsible for any charges for overage minutes on the Residential plans, or for any calls placed to international numbers or to directory assistance. Cancellation may take up to thirty (30) days. Any usage you make using the Service after contacting Company to cancel the Service is your responsibility. Accounts exceeding the 250 or 500 minutes of usage referred to above are not eligible for this money back guarantee. User may not port away a GLOBALINX™ phone number (DID) if User cancels within ninety days of Service Activation.

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

D. Business Use of Service and Device — Prohibition on Resale and Definition of Proper Use

If you have subscribed to one of Company’s Business Plans, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the GLOBALINX™ Business Plan does not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. GLOBALINX™ reserves the right to immediately terminate, modify or upgrade the Service, if Company determines, in its sole discretion, that the Service is being used for any of these. If you have subscribed to one of Company’s Residential Plans, the Service and Device are provided to you as a residential user. Residential users are allowed a maximum of 4 lines of service. The number of lines allowed to a user can be amended by 5LINX® at any time. This means that you are not to use the Service for business purposes, including, but not limited to auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or making more than fifty percent (50%) of your calls during weekday, daytime hours (Monday through Friday, 8AM to 6PM your local time). GLOBALINX™ reserves the right to immediately terminate, modify or upgrade the Residential Service, if we determine that the Service is being used for business purposes.

E. Notice of Rate Changes

Company may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Changes to any other rates, charges, or terms or conditions in the Agreement will be published at www.GLOBALINX.com and will be incorporated by reference into this Agreement.

F. Rounding Policy

For billing purposes, the length of each metered call is rounded as described in each Calling Plan. 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.

G. Calling International

Company will allow up to $15 in international calling per monthly billing cycle. Any international calling that exceeds $15, that is not included in the plan, will be charged to your credit card immediately. The $15 charge will be an immediate payment for the next $15 of international calling. You can continue to make international calls in increments of $15 which will be immediate payments to your credit card.

H. Calls to International Mobile Telephones; International Special Services Calls

Company’s advertised rates for international calls are generally the rates charged for calls to landline telephones. Calls to international cellular (mobile) telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones in that same country or jurisdiction. The rates you will be charged for such calls are set forth in the calling plan rate tables and are typically designated by a “mobile” or “special services” notation.

I. Timing of Calls

Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom Company must interconnect in order to terminate calls to foreign countries) designate a call as “answered” when the called party’s line rings or after a certain number of rings, and will charge Company for a completed call. In these situations, Company will charge you for these calls as if they were answered by the called party.

J. Use of Service and Device by Customers Outside the United States and Canada

We provide the Service and Equipment to you for use of the Service within the United States and Canada and for placing calls to other countries. If you take or send the Equipment to a country other than the United States or Canada and the Service is used by you or another party from there, you/they do so at your/their own risk, including the risk that such activity violates local laws in the country where you/they do so. You, as our Customer, 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 by us.

K. Loss of Service Due to Power Failure

The Service does not function without power. 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 you to reset or reconfigure equipment before using the Service.

L. 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 GLOBALINX™ ’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 GLOBALINX™ are and shall remain the exclusive property of GLOBALINX™ 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 Company, which Company reserves the right to prohibit in particular cases or generally, you promise 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 GLOBALINX™ against any and all liability arising out of your use of such interface device with the Service.

M. 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 GLOBALINX™ . GLOBALINX™ 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 any applicable disconnect fee, all of which immediately become due and payable.

N. Theft of Service

You agree to notify GLOBALINX™ immediately, in writing, by electronic mail or by calling the GLOBALINX™ customer support line, if the Device is stolen or if you become aware at any time that you’re 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 are 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.

O. Number Transfer on Service Termination

GLOBALINX™ may, solely at Company’s discretion, release any telephone number that was ported to GLOBALINX™ by you and used in connection with your Service provisioned by GLOBALINX™ to a new provider of service to you under the provisions of the Local Number Portability (LNP) policies of the FCC, 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 Company account is completely current including payment for all charges and applicable disconnect fees; and (iii) you request the transfer upon terminating your account. Customer will not be able to port away any GLOBALINX™ number if Customer cancels within ninety days of the Activation Date.

P. Service Distinctions

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

Q. Collect Call and Operator Services

GLOBALINX™ does not offer collect calls, operator services or calls to 900 numbers via this Service.

R. International Services

Foreign Carrier Restrictions or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability use the Company services. You must conform to any limitations or restrictions imposed by the foreign carriers or agencies.

S. Surcharges

In addition to surcharges that may be found in the applicable Calling Plan, GLOBALINX™ may adjust its rates and charges or impose additional rates and charges in order to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from others or pay to others in support of statutory or regulatory funds or programs (“Governmental Charges”).

T. Taxes

All taxes, tax-like charges, and tax-related surcharges are referred to collectively as “Taxes”). GLOBALINX™ may elect to impose and collect such Taxes, unless otherwise constrained by court order or direction. You agree to pay all Taxes charged on your invoice. If GLOBALINX™ has collected Taxes and a challenged Tax is found to have been invalid and unenforceable, GLOBALINX™ , in its sole discretion, will either reduce service rates for a fixed period of time in the future in order to flow-through to customers an amount equivalent to the amounts collected, or it will credit or refund such amounts to affected customers (less its reasonable administrative costs), if the amounts collected were retained by GLOBALINX™ or if they were delivered to the jurisdiction and returned to GLOBALINX™ , or it will negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that jurisdiction. If you provide GLOBALINX™ with a duly authorized tax exemption certificate, GLOBALINX™ will exempt you in accordance with law, effective from the date GLOBALINX™ receives the certificate. If you are required by the laws of any foreign tax jurisdiction to withhold income or profit taxes from a payment, within 90 days of the withholding, you will provide GLOBALINX™ with official tax certificates documenting remittance of the taxes. The tax certificates will be in a form sufficient to document qualification of the taxes for the foreign tax credit allowable against GLOBALINX™ ’s U.S. corporate income tax, and will be accompanied by an English translation. Upon receipt of the tax certificate, GLOBALINX™ will issue you a credit for the amounts represented thereby.

U. Credit Terms

All services provided to you and covered by this agreement shall at all times be subject to credit approval or review by GLOBALINX™ and/or 5LINX® . Some service plans may require credit to be approved prior to activation of your service. You will provide such credit information or assurance as is requested by GLOBALINX™ at any time. GLOBALINX™ , at it’s sole discretion and judgment, may discontinue credit at any time without notice or require a deposit. The amount of deposit will be a minimum of $50 per line that will be assessed upon activation.

V. Transfer of Service

In the event you wish to transfer your service and liability out of your name to another individual or business entity, you will be required to complete a “Transfer of Service Form” which can be found on our website at www.GLOBALINX.com. You will need to complete the form as well as have the individual or business entity complete the form that will be assuming responsibility. The assuming entity will bear the financial liability and contractual requirements of the service from you once 5LINX® has received all required paperwork. 5LINX® reserves the right to deny the service transfer for any reason. A one time fee of $4.95 will be assessed to the individual or business entity that is transferring the service.

IV. RESTRICTIONS ON THE USE OF SERVICE

A. GLOBALINX™ offers its services subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement.

B. Services provided by GLOBALINX™ under the Agreement will not be used: (1) For any unlawful purpose; (2) For making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audio text services; or (3) For international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision.

C. Company may (1) deny, for any lawful reason, your request for service, or (2) limit or allocate the facilities available to or utilized by any Service, if necessary, to manage its network in an efficient manner; meet reasonable service expectations; furnish service to existing and future customers based on forecasted customer requirements; or for any other lawful reason.

D. Company may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges (“NXX exchanges”), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever Company deems it necessary to take such action to prevent (1) the unlawful use of service; (2) nonpayment for service; (3) the use of service in violation of this Agreement; or (4) network blockage or the degradation of service furnished to you or other customers.

V. PAYMENT OBLIGATIONS

A. You must provide Company with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise Company immediately. Any charges not included in your rate plan and any additional usage charges are billed after each billing period. If GLOBALINX™ changes its rates, recurring monthly charges affected by such change will be assessed at the new rate for the full billing period during which the new recurring charge rate became effective.

B. GLOBALINX™ may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Company is declined or reversed, your credit card expires and you have not provided GLOBALINX™ 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 Company for all charges accrued before termination and for all costs incurred by Company in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees. A late fee of 1% will be applied to any outstanding balances due per month and will accrue from billing due date.

C. You are responsible for payment of all charges for services furnished to you and anyone authorized by you to use your service. This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken or caused by third parties.

D. You must promptly notify GLOBALINX™ of any changes to your credit card used for payment. You should notify the Company Customer Care Department by e-mailing GLOBALINX™ at the following address: Billing@GLOBALINX.com.

E. If GLOBALINX™ becomes concerned at any time about your ability to pay for services, GLOBALINX™ may require that you pay its charges within a specified number of days or even prepay and that you make such payments in cash or the equivalent of cash.

F. If GLOBALINX™ hires a collection agency to collect, or attempt to collect, any charges owed Company, you will be liable to Company for an additional payment equal to 35% of the charges owed, where permitted by applicable law. If Company incurs any fees or expenses, including attorneys’ fees, in collecting, or attempting to collect, any charges owed Company other than by hiring a collection agency, you will be liable to Company for the payment of all such fees and expenses reasonably incurred.

G. If billing systems or other support is not available for a service, feature, surcharge, tax or other charge element at the time of service provision, GLOBALINX™ will bill for that service, feature, surcharge, or other charge element as soon as it is capable of doing so.

H. No Credit Allowances for Interruption of Service You acknowledge and agree that the Service is provided “as is.” Credit allowances for interruption of Service, including international calling services, will not be provided.

VI. CANCELLATION OF SERVICE

A. By the Customer

You may cancel the Service for any reason at any time. There is a $99 disconnect fee if you cancel the service in your first twelve months for any GLOBALINX™ Residential or Business plans. If equipment is returned in re-sellable condition, in all of it’s original packaging, your disconnect fee will be reduced to $49.
If you cancel your Service with GLOBALINX™ , you may not be able to use the Device or Equipment with any other VoIP service.
Cancellation may take up to two business days.
Your credit card will be charged for any usage after contacting GLOBALINX™ to cancel your Service.

B. By Company

GLOBALINX™ reserves the right to discontinue furnishing services, cancel your account, and/or block your access to GLOBALINX™ network, without incurring any liability, immediately and without notice if GLOBALINX™ deems that such action is necessary to prevent or to protect against fraud or to otherwise protect Company’s personnel, agents, facilities, or services. Without limitation, Company may take such actions if:
a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service;
b. You indicate that you will not comply with a request for security for the payment for services;
c. Your service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud;
d. You have been given written notice by GLOBALINX™ of any past due amount (which remains unpaid, in whole or in part) for any of Company’s or an affiliated carrier’s service to which you either subscribe or had subscribed or used;
e. You either refuse to pay when billed for service or indicate to GLOBALINX™ or an entity billing on Company’s behalf that you do not intend to pay for service used by you;
f. You use, or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use service by rearranging, tampering with, or making connections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;
g. You act, or fail to act, in a manner that hinders or frustrates any investigation by Company or others having legal authority to investigate your legal obligations;
h. Your telephone equipment fails to pass back to GLOBALINX™ the appropriate signal to start and stop billing for a call;
i. You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity;
j. You act in a manner that is threatening, obscene, harassing, or abusive to GLOBALINX™ personnel.
GLOBALINX™ reserves the right to discontinue furnishing services, cancel your account, and/or block your access to GLOBALINX™ network, without incurring any liability, immediately upon written notice to you if:
a. Any invoice charges that remain outstanding and owed by you after the 10th day from the date of the invoice notifying you of the charges; or
b. You fail to comply with a request by GLOBALINX™ for security for the payment for services.
The discontinuance of service(s) by GLOBALINX™ pursuant to these provisions does not relieve you of any obligation to pay GLOBALINX™ for charges due and owing for service(s) furnished up to the time of discontinuance.

VII. LIABILITY

A. GLOBALINX™ will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of GLOBALINX™ ’s facilities or commencement of service.

B. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by Company, GLOBALINX™ ’s liability, if any, will be limited as follows:

With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by Company, for example, Directory Assistance, Company’s liability will be limited to the lesser of:
(a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or
(b) $100.

C. IN NO EVENT WILL GLOBALINX™ BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT GLOBALINX™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

D. GLOBALINX™ will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of service furnished by GLOBALINX™ , including:

Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via Company service; and
All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the service, in connection with any service provided by Company.

E. GLOBALINX™ MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. GLOBALINX™ DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON COMPANY’S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY COMPANY.

F. GLOBALINX™ will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in Company offerings made to you, or for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with Company services.

VIII. MISCELLANEOUS

A. Governing Law.

The agreement and the relationship between you and us are governed by the laws of the State of New York 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 VIII-B, you shall submit to the personal and exclusive jurisdiction.

B. Mandatory Arbitration and No Jury Trial.

Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Rochester, New York. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE NUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, NEW YORK.

C. Entire Agreement.

These Terms and Conditions constitute the entire Agreement between you and GLOBALINX™ , and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.

D. No Obligation to Assist in Switching Carriers.

If you either voluntarily cancel your GLOBALINX™ account or if GLOBALINX™ cancels your service for any reason set forth above, GLOBALINX™ will have no obligation whatsoever to assist you in any respect in switching from GLOBALINX™ to another carrier.

E. Assignment.

Customers may not modify or assign this Agreement. In its sole discretion, GLOBALINX™ may assign this Agreement.

F. No Waiver of Rights.

If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.

G. Binding Effect.

This Agreement is binding upon you and GLOBALINX™ and upon, respectively, your and Company’s agents and heirs.

H. Severability.

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

I. Survival.

Any liability or obligation of a party to the other party under the provisions of Sections I, IV, V and VII as applicable, will, in each case, survive cancellation or termination of this Agreement.

J. Headings of No Force or Effect.

Headings in this Agreement are for reference only and have no effect on the meaning of any provision.

K. Future Changes We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.GLOBALINX.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.

L. Privacy GLOBALINX™ Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. GLOBALINX™ is not liable for any lack of privacy which may be experienced with regard to the Service.