Fonet Global Services Agreement

These terms and conditions (hereinafter sometimes referred to as the "Agreement"), constitute a binding contract between you and Fonet Global, Inc.(hereinafter referred to as FONET). FONET makes available for your use on its websites ("Website") information, documents, software and products (collectively "Materials") and various services offered by FONET (collectively "Services") subject to the terms and conditions set forth in this document ("Terms"). By using any of these Services, you agree that your use of the Services, and other products and services of FONET are being provided in consideration of your agreement to abide by these following terms and conditions. If you do not wish to be bound by these Terms you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms. They should be reviewed now and prior to each session because changes are made to them from time to time. FONET may modify the Materials, Services and Terms at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. For all purposes hereof, the term "Services" means and comprises all of FONET products and services according to Service Supplements.

1:0 TERMS OF AGREEMENT

1:1 In addition to the terms and conditions of this Agreement, FONET requires its subscribers to abide by the rules of conduct described in FONET Miscellaneous Policies (hereinafter sometimes referred to as "Policies"). You agree to abide by Fonet's Policies and agree that those policies are incorporated into this Agreement by reference.
1:2 Information concerning services, rates, and surcharges for using the Services, may be found at FONET's website (www.fonetglobal.com) or may be obtained by sending an email to FONET's Customer Service at customercare@ fonetglobal.com. You agree to review the information on this website on a regular basis as you are responsible for knowing its content.
1:3 You agree that FONET may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on FONET's home page (www.fonetglobal.com), or on notification to you by e-mail.
1:4 You agree that, by continuing to use the Services following notice of any revision to the Agreement or the posting of the revised Agreement on the FONET website (www.fonetglobal. com), you accept any such revisions and agree to abide by any such revisions.
1:5 You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site and/ or Services, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If FONET believes, in its sole discretion, that you have engaged in any of the foregoing conduct, FONET may (i) terminate or suspend your account or use of the Services and Materials; and/or (ii) forward the offensive materials, your communications with FONET, and your personally identifiable information to the proper authorities for investigation or prosecution.

2:0 REGISTRATION INFORMATION

2:1 You agree to provide Fonet Global with accurate, complete, and updated registration information. If you do not provide Fonet Global with accurate registration information, you are not authorized to use the Services and your account may be terminated immediately.
2:2 YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT
2:3 If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the FONET pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. FONET will not offer any refunds or reimbursements for the purchase price of any debit account. FONET reserves the right to terminate any inactive account that has not been used of a period of ninety (90) days or longer. Information on this agreement may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

3:0 SERVICES

3:1 FONET's Services are described on the Service Supplements, a separate documents that must be considered as an integral part of this agreement. This Service Supplements may apply in whole or in part to you, depending on the services you are registered for.
3:2 The Internet is not owned, operated, or managed by, or in any way affiliated with FONET or any of FONET's global partners. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. FONET cannot and will not guarantee that the Internet Services will provide Internet access that is sufficient to meet your needs. You agree that your use of the Services and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
3:3 You agree that FONET retains the right, but not the obligation, to restrict or terminate your Services at any time, if FONET, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if FONET determines that you are in violation of this Agreement, any restriction or termination of your Services will be effective immediately, without prior notice. You agree that FONET will have no liability to you for any restriction or termination of your Services pursuant to such violation.
3:4 You agree that if FONET terminates your account as a result of your violation of Fonet's Policies, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to by you and FONET as liquidated damages and not as a penalty. You further agree that if you violate FONET's Policies, FONET may refuse to accept any application for renewal or re-subscription following cancellation."
3:5 You agree fonet global does not reimburse or pay any telephone charges for any reason including, but not limited to, a claim that the number was represented as being toll free. It is customer's sole responsibility to insure that the number being called is toll free.
3:6 You agree and understand, that the status and condition of the Internet network you are accessing and the Internet service provider that serves that network; the number of other users throughout the world accessing that network at the time; the status and condition of the; the bandwidth serving the remote site; the congestion of the Internet in general. For these and many other reasons, actual connection speeds are not and cannot be guaranteed by FONET, and may adversely affect the quality of the Services provided by FONET. However fonet may recommend technical improvements and/or changes in order to improve services provided by Fonet.

4:0 COPYRIGHT AND TRADEMARKS

4:1 All corporate names, service marks, logos, trade names, trademarks, websites and domain names of FONET (collectively "Marks") are and shall remain the exclusive property of FONET and nothing in this agreement shall grant you the license to use such Marks.
4:2 All Services and/or Materials are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found is strictly prohibited, without the express, prior, written consent of FONET. Any reproduction or redistribution of the Services and/or Materials not in accordance with the Terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

5:0 MISCELLANEOUS

5:1 You agree that your use of the Services provides you access to proprietary features of FONET's Services and/or of software provided by FONET's licensors.
5:2 This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties.. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by the construed under the State of Texas law as such law applies to agreements between the State of Texas residents entered into and to be performed within the State of Texas, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
5:3 Customer acknowledges and agrees that any and all Services are subject to a credit review from time to time and that any application for Services is not binding upon FONET until accepted by FONET. In performing any credit review, FONET may use any information obtained from Customer or from any credit reporting agencies and services.
5:4 FONET reserves the right to assign any one or more of the Agreements and/or the services and obligations provided thereunder. In the event of an assignment, Customer acknowledges and agrees that assignee will be solely responsible for all performance and obligations from the date of assignment forward.
5:5 If after billing and/or payment it is determined that at an error was made or that billing elements such as applicable taxes were omitted, it is understood and agreed by Customer that the appropriate adjustment may be made and a corrected invoice will be processed for payment of any balance due in accordance with normal billing procedures.
5:6 The export and re-export of FONET's Services and Materials are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or reexported to any country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located.

6:0 WARRANTIES

6:1 All services and materials provided on this site are provided "as is". FONET does not make any warranties of any kind, either express or implied, including without limitation warranties of title or noninfringement, or any implied warranties or merchantibility or fitness for a particular purpose with regard to the services or materials, any transaction performed through the services or on the internet generally, or as to the quality of the call. FONET shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. FONET does not warrant that the services or materials will be uninterrupted or error-free or will operate without packet loss or interruption nor does FONET warrant any connection to or any transmission over the internet or that any defects in the services or materials will be corrected. You assume total responsibility and risk for your use of the services, materials and the internet.
6:2 You agree that your use of the Services, Hardware and Software, and the Internet is solely at your own risk. You agree that the Services, and the Hardware and the Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied unless such warranties are legally incapable of exclusion.
6:3 With regard to all Services provided by FONET, Customer and FONET agree that FONET disclaims and is not responsible or liable for any direct, indirect, or consequential loss or liability (including specifically personal injury) resulting from any acts (or failures to act) of FONET and/ or its employees, including, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss of business or business opportunity; (4) loss or liability resulting from access delays or access interruptions; (5) loss or liability resulting from computer viruses; (6) loss or liability resulting from data non-delivery or data miss-delivery; (7) any other loss or liability resulting from the negligent acts and/or omissions of FONET or FONET's subscribers; (8) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Services; (9) loss or liability resulting from partial or total loss of Services; (10) loss or liability of any kind or nature whatsoever in anyway related to telephone company or line charges; (11) personal injury, personal or business losses or interruptions, emotional injury, and/or consequential damages; and, (12) loss or liability resulting from acts of God.
6:4 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FONET OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY OTHER DAMAGES WHATSOEVER EVEN IF FONET GLOBAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. This limitation of liability shall apply to all liability for death or personal injury to the extent applicable law permits such limitation.
6:5 You agree that FONET's entire liability, and your exclusive remedy, with respect to your use of the Services, performance and acts (or inaction) by FONET, your use of the Hardware and Software, and any breach of this Agreement is solely limited to (and in no event shall exceed under any legal or other theory of recovery) the amount you paid to Fonet Global to use the specific part of the Services giving rise to said liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, FONET's liability is limited to the extent permitted by law.

7:0 INDEMNITY

7:1 You agree to indemnify, defend and hold FONET, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of FONET and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
7:2 You agree that FONET has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section 7:0. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section 7:0.

8:0 TERMINATION

8:1 Each Party may terminate this Agreement: (a) if the other Party fails to fulfill any of its material obligations under this Agreement; (b) if the other Party becomes insolvent or admits in writing its inability to pay debts as they mature, or makes an assignment for the benefit of creditors; or (c) if a petition under any foreign, state or United States Bankruptcy Act, receivership statute, or the like is filed by the other Party. Termination shall be effective thirty (30) days after written notice to the defaulting Party if the default has not been cured within such thirty (30) day period. Notwithstanding the foregoing, termination due to default under Section 8.1 (a) shall be effective immediately.
8:2 You agree that your only right with respect to any dissatisfaction with any: (1) Agreement term, policy, or practice of FONET in the operation of or relating to any one or more of the Services; (2) Pricing Content available on or through the Services or change therein; (3) of the Services; or (4) amount or type of fees or billing methods, or change therein, is to terminate this Agreement in accordance with its terms.

9:0 GOVERNING LAW

9:1 You agree that this "Agreement", the "Suplements" and "Policies" (hereinafter sometimes referred to as the "Agreements") comprise the entire understanding between FONET and you, and that together they supersede any prior agreements between you and FONET with respect to the subject matter of these agreements and Services rendered by FONET.
9:2 These Terms of Use shall be governed and construed in accordance with the laws of the State of Texas. You agree that in any legal action or proceeding between you and FONET for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of Texas and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. FONET's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. FONET may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

10:0 ACCOUNT NUMBER AND PIN NUMBER

10:1 You are responsible for maintaining the confidentiality of your account number and/or PIN number. You are for all uses of your account, whether or not actually or expressly authorized by you.