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Terms of Service  

This is an agreement ("Agreement") between Capalon Communications, Inc., operators of the OlehPhone service ("we", "us" or "OlehPhone") and you, an end user ("you" or "user") of Capalon's Internet Phone Service (the "Service") as described herein. By establishing, activating, using, or paying for the Service, you represent that you are of legal age to enter into this agreement, you acknowledge that you have read and understood these terms, and you agree to the terms and conditions in this Agreement.

911 Emergency Service

Most of our customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers in locations where the emergency center is not equipped to receive, capture or retain your telephone number and address have basic 911 or limited E911. With basic 911 or limited E911, the local emergency operator answering the call may not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. If you are unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to your location.

To activate 911 Emergency dialing, you must register using the address where you will physically use the OlehPhone adapter. For 911 purposes you may only register one location at a time. Should you move the device to another location, it is your responsibility to update your address by logging into your account, modifying your information, and requesting a 911 update. You acknowledge that a fee will by charged by the E911 service provider for this update, and that this fee will be charged to your OlehPhone account. Should you move the adapter and fail to notify OlehPhone, you acknowledge that calls placed to 911 may be misdirected to the public service network serving the registered location rather than the physical location of the adapter at that time.

It may take up to 30 days for registration of a new physical location to take effect, both when signing up for the service and when changing locations. Even when 911 service is available, any form of service outage will prevent 911 service from functioning. Reasons may include, but are not limited to, electrical power or Internet service outages, equipment failure, Internet connectivity issues, network congestion, or suspension of your power, Internet service, or OlehPhone account. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of OlehPhone 911 Emergency Dialing.

OlehPhone recommends that you maintain an alternate means of accessing the emergency 911 network. You acknowledge that it is your responsibility to determine best way to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.

Indemnification. You acknowledge and understand that OlehPhone will not be liable for any Service outage and/or inability to dial 911 using the OlehPhone service, or to otherwise access emergency service personnel due to the characteristics and limitation of OlehPhone Service set forth in this document. You agree to defend, indemnify, and hold harmless Capalon Communications, Inc., its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that OlehPhone does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below.

Service Description

OlehPhone differs from traditional telephone service. A high-speed Internet connection is required in order to use the service, as well as a compatible Voice-over-IP (herafter "VoIP") phone or VoIP adapter used in conjunction with a conventional phone. OlehPhone does not represent that use of the service will be possible or permitted by any jurisdiction or Internet Service Provider. OlehPhone does not provide operator services.

The Service is not conventional telephone service, and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service, or maintenance or outages affecting OlehPhone servers and connectivity. OlehPhone may not be compatible with some home security systems, satellite TV systems, digital entertainment systems, fax machines, modems, firewalls and medical monitoring devices. Network congestion or use of data services at the same time as OlehPhone may affect sound quality.

OlehPhone will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between a telecommunications service and our Service, and our Service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

Service Term. The Service is offered on a month-to-month basis, beginning on the date OlehPhone activates Service, and automatically renews on a monthly basis. OlehPhone also offers the Service for twelve consecutive months pursuant to optional OlehPhone Annual Service Plans. You may cancel the Service at any time by contacting OlehPhone according to the procedure described on the OlehPhone website and by returning any OlehPhone adapter(s) or other equipment then in your posession. If you cancel Service prior to the end of a monthly term, you will be responsible for paying the full month's charges to the end of the then-current monthly term, including applicable fees and usage charges. Should you cancel an Annual Plan, the regular monthly fee for the same service level will be deducted from your annual payment for each month up to and including the current month of service, and the remainder will be credited to you. Expiration of the term or cancellation of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. You will not receive a partial credit for any prepaid monthly service charge for any days remaining in your cancellation month.

Your Responsibility. You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the physical eqipment and identifier of the Equipment (referred to as the "MAC address") which OlehPhone uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.

OlehPhone Services are provided for use consistent with regular usage patterns for residential or business use, as per the class of service you have ordered. You are prohibited from using the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting or any illegal activity. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal usage patterns for your selected class of service. In addition, you will be required to pay our rates for calls and calling time in which your use of the Service or the Device was inconsistent with normal use. All laws of your local country are in effect.

The service is provided to you individually, and you are prohibited from reselling or transferring the service or equipment to any other person without our express permission. Should you do so, the service may be immediately terminated, and you will be responsible for paying all unpaid charges accrued to your accounte, regardless of who placed those calls or used the service.

International Usage

OlehPhone Service is intended for use in jurisdictions where such activity is in accordance with local laws. If you use the service or OlehPhone equipment in a country other than the United States, you do so at your sole risk, including the risk that such activity violates local laws in the country where you do so. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. OlehPhone reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws.

If you represent that you will be using the OlehPhone outside the United States, OlehPhone will provide you with a US telephone number, but will reserve the right to place outbound calls using a variety of International providers. 911 service will not be provided to you. By requesting international service, you represent that your primary usage will be outside the United States, and that any usage within the United States will be for experimental purposes only, and entirely at your own risk and responsibility. You agree to indemnify and hold harmless Capalon Communications, its officers and directors, from any liability for failure to provide 911 and/or E911 service, even at such times as you use the service within the United States. You further agree to pay any and all legal fees and penalties arising from any action or claim based upon the fact that 911 service is or was not provided to you, whether said action was initiated by you or another party.

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