OpenTone Communications, LLC SERVICE AGREEMENT

This agreement ("Agreement") is between OpenTone Communications, LLC, THE SERVICE PROVIDER ("we," "us" or "Open Tone Communications, LLC") and the USER ("you," "user" or "Customer") of OpenTone Communications, LLC enhanced Consumer communications services ("Service"). This Agreement governs both the Service and any devices, such as an OpenTone Communications, LLC Phone Adapter or any other IP connection device ("Device" or "Equipment"), WHICH WILL BE UTILIZED in conjunction with the Service.

1. SERVICE

1.1 Service Distinction. The User acknowledges and understands that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by OpenTone Communications, LLC. The Service is subject to different regulatory treatment than phone service.

1.2 Term. Service is offered on a monthly basis for a PERIOD which begins on the Service Start Date and ends on the day before the same DAY OF the following month. Except the Freedom Plan with DSL connection which is offered as a one year Term.

1.2.a Order Date. It is the day that USER’s application is processed and received an order confirmation email from OpenTone Communications, LLC.

1.2.b Service Start Date. It is the date when User’s Service is activated. The User shall receive from OpenTone Communications, LLC a Service Activation Notification via email.

1.3 Termination of Service by the User. In case the User decides to terminate the Service, The USER shall notify the SERVICE PROVIDER through a written notice of non-renewal of service at least fifteen (15) days for credit card users and thirty-five (35) days for bank wire transfer before the end of the monthly term to OpenTone Communications, LLC or OpenTone Communications, LLC Authorized Resellers.

It is hereby understood that upon the termination of the Service, the USER shall be liable for all unbilled and accrued charges in relation to this Agreement.

1.3.a Automatic Renewal. Failure to perform the preceding clause, this Agreement SHALL be automatically renewed, without further notice from the SERVICE PROVIDER, after the end of the monthly term.

1.3.b. Pre-Termination of Service. It is hereby understood that all Services are on a full monthly service except the Freedom Plan with DSL connection which is offered wit a 1 year term. However, the USER may opt to terminate the Service prior to the end of a monthly term subject to the following:

1.3.b.1 If the User terminates the service within three months after the Service Start Date, a disconnection fee of $100 per voice line will be charged. The disconnection fee shall become due and payable immediately upon termination and will be billed directly to the User’s credit card;

1.3.b.2 If the User terminates the service after three(3) months of continued use, NO disconnection fee will be charged except users of Freedom Plan with DSL connection; Users of Freedom Plan with DSL connection will be charged the amount of the remainder of the 1 Year term.

1.3.b.3 Residential or corporate users may wish terminate the service by notifying OpenTone Communications, LLC in writing ten(10) days prior to the next billing day. Said cancellation will become effective on the next billing date.

1.3.b.4 Charges relative to the termination or cancellation of Service:

1.3.b.4.i The bill for the full month;

1.3.b.4.ii Unbilled charges; and

1.3.b.4.iii A disconnection fee which all becomes due and payable at the time of termination.

1.4 Termination of Service by OpenTone Communications, LLC

OpenTone Communications, LLC may terminate the Service:

1.4.a at its own discretion without a stated reason; or

1.4.b for any of the following reasons:

(1) When it is determined that false information was used for sign-up;

(2) When there was undue delay in payment or no payment;

(3) When User interferes with the operations of the service;

(4) When it is determined that the User’s credit card or bank account could not be used for payment;

(5) When it is determined that User has died;

(6) When the Service Agreement was violated;

(7) When it is determined that actions violating Open Tone Communications, LLC’s copyrights or other rights are carried out;

(8) When it is determined that actions violating Open Tone Communications, LLC’s property rights and privacy are carried out;

(9) When it is determined that actions unfavorable or damaging to OpenTone Communications, LLC are carried out;

(10) When it is determined that User uses the service for re-sale or rental on a commercial basis without prior permission of Open Tone Communications, LLC;

(11) When ids or passwords are used inappropriately;

(12) When the service is used by someone who pretends to be a User.

(13) When User having signed up with this service illegally modifies or deletes the data belonging to OpenTone Communications, LLC or the customers.

(14) When unlawful actions are carried out.

1.4.c Should OpenTone Communications, LLC suspend or terminate your Service, the Service will not function until such time as OpenTone Communications, LLC restores your Service (which may require payment of all invoices and reconnection fees owed by you or resolves any breach by you of this Agreement).

2. PROHIBITIONS &/OR RESTRICTIONS ON THE USE OF SERVICE AND DEVICE.

2.1 The User is not authorized to resell or transfer the service or the device to any other person for any purpose, without an express and written permission from OpenTone Communications, LLC;

2.2 The User agrees that he has no right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting;

2.3 The User agrees not to tamper with the device issued to him. Tampering as used in this Agreement means any or all of the following acts:

2.3.a Changing the electronic serial number;

2.3.b Changing the equipment identifier of the device;

2.3.c Performing a factory reset of the device without the express permission of OpenTone Communications, LLC.

2.4 The User is not authorized to use any firmware or software used by OpenTone Communications, LLC in providing Services to the User;

2.5 The User is likewise, not authorized to use or tamper with any firmware or software embedded in the device;

2.6 All services, information, documents and materials available and utilized on OpenTone Communications, LLC website(s) are the exclusive property of OpenTone Communications, LLC and nothing in this Agreement vests any right to the User to use such marks.

2.5 OpenTone Communications, LLC reserves the right to immediately terminate or modify the Service, if OpenTone Communications, LLC, in its sole discretion, determines that any of the foregoing prohibited &/or restricted acts is being undertaken by the User.

3. Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension

It is hereby acknowledged and understood by the User that:

The service does not function in the event of a power failure/interruption in the power supply;

The service requires a fully functional broadband connection to the Internet which is not provided by the OpenTone Communications, LLC);

In the event of: (a) a power failure or an interruption in the power supply and (b) termination of service with or by, your Internet Service Provider (ISP) and/or broadband provider, the Service will not function and the User will still be billed for the Service unless and until you or OpenTone Communications, LLC terminate the Service in accordance with this Agreement.

3.4 Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.

Theft of Service/ Theft of Device

The User agrees to notify OpenTone Communications, LLC immediately, either in writing or by calling the OpenTone Communications, LLC Support Line, if your Service is being stolen or fraudulently used or your device is stolen

In notifying OpenTone Communications, LLC in writing or by calling, the User must provide: The Service Account Number assigned by OpenTone Communications, LLC; and

a. A detailed description of the circumstances of the theft of the device or the fraudulent use of the Service

Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be 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.

5. EMERGENCY SERVICES- DIALING 911

5.1 Description of 911-Type Dialing Capabilities - Activation Required

OpenTone offers a 911-type dialing service in the U.S. (but may not offer such service in Canada) that is different in a number of important ways from the traditional 911 service. You acknowledge and understand that 911-type dialing is NOT automatic, therefore, you must first successfully activate the 911 dialing feature by following the instructions from the "Dial 911" link on your dashboard. You cannot dial 911 from this line before receiving a confirming email. Once you receive a confirming email that 911 dialing has been successfully activated, you may dial 911 as needed. When you dial 911, your call is routed from the OpenTone network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. When you dial 911 from your OpenTone equipment, you will be routed to the general telephone number for the PSAP or local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are supposed to receive incoming 911 calls using traditional 911 dialing. OpenTone depends on third parties for the forwarding of information underlying such routing. For this reason, OpenTone and its third party provider(s) disclaim any and all liability or responsibility in the event if such information or routing is incorrect. The 911-type dialing currently is NOT the same as traditional 911 or E911 dialing and does not necessarily include all of the capabilities of traditional 911 dialing at this time. Neither OpenTone nor its officers or employees may be held liable for any claim, damage, or loss arising from or relating to 911 dialing unless it is proven that the damage or loss occurred due to the gross negligence, recklessness, or intentional misconduct on the part of OpenTone. You agree to indemnify and hold harmless OpenTone and its third party provider from any claim or action arising out of misroutes of 911 calls, including but not limited to your failure to follow correct activation procedures for 911 calling or your provision to OpenTone of incorrect information in connection therewith.

5.2 Non-Availability of Traditional 911 or E911 Dialing Service

OpenTone' Service does NOT support traditional 911 or E911 access to emergency services. OpenTone does offer a limited 911-type service available only on OpenTone Devices, but you acknowledge and understand that 911-type dialing is NOT automatic. You will be required to take some steps, as described in this Agreement and on OpenTone's website, to activate such 911-type dialing capabilities. It should be understood that OpenTone 911 dialing cannot be used in combination with a OpenTone Soft Phone application and is only available on OpenTone-certified Devices or Equipment. You agree to inform the non-availability of traditional 911 or E911 dialing from your OpenTone Service and Device(s) to all of your household residents, guests and other people who may be present at the physical location where you utilize the Service. If you activate OpenTone 911-type dialing service, you agree to inform all of your household residents, guests and other people who may be present at the physical location where you utilize the Service as to the important differences and limitations of OpenTone 911 dialing service as compared with traditional 911 or E911 dialing that are set forth in this Agreement.

5.3 911 Dialing Requires Activation

You acknowledge and understand that 911 dialing does not function unless you have successfully activated the 911dialing feature by following the instructions from the "Dial 911" link on your dashboard. That activation will be confirmed when you receive a confirming email. You acknowledge that you cannot dial 911 from this line until you have received a confirming email.

5.4 Requires Re-Activation if You Move or Change Location

You agree that 911 dialing will not function properly or at all if you change the physical location of your OpenTone Device to a different street address, unless you have successfully activated the 911 dialing feature by following the instructions from the "Dial 911" link on your dashboard, and a confirming email was sent to you, which confirmed the activation. 911 dialing must be re-activated although you may have activated 911 dialing using your former address. You must separately activate 911 dialing for any new physical address. If the new current and correct physical address of your OpenTone equipment is not provided, it will result in any 911 dialing you may make being routed to the incorrect local emergency service provider

5.5 Failure to Designate the Correct Physical Address When Activating 911 Dialing

Current and correct physical address and location of your OpenTone equipment should be provided by following the instructions from the "Dial 911" link on your dashboard. This address must be the actual physical street address. It cannot be a post office box or a mail drop address. Failure to do so will result in any 911 communication you may make being routed to the incorrect local emergency service provider should be provided.

5.6 Automated Number Identification

You understand that Public Safety Answering Point (PSAP) and emergency personnel may or may not be able to identify your phone number. They might not be able to call you back if the call is not completed, is dropped or disconnected, or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement. It may not be possible for the PSAP and the local emergency personnel to identify your phone number when you dial 911 at this time in the technical development of OpenTone 911 dialing. OpenTone's system is configured in most instances to send the automated number identification information; however, one or more telephone companies, not OpenTone, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so.

5.7 Requires Re-Activation if You Change Your Number or Add or Port New Numbers

You acknowledge and understand that 911 dialing will not function if you change your phone number or if you add or port new numbers to your account, unless and until you have successfully activated the 911 dialing feature for your changed, newly added or newly ported number. You can do this by following the instructions from the "Dial 911" link on your dashboard. You should then receive a confirmation email, which confirms your activation. You must separately activate 911 dialing for any changed or newly added or ported number even though you have activated 911 dialing with your former OpenTone phone number.

5.8 Automated Location Identification

At this time, when you dial 911, it is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You will need to state the nature of your emergency promptly and clearly. You understand that you will also be required to include your location, as PSAP and emergency personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to locate your location if the call is not completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

5.9 Service Outage

5.9.1 Power Failure or Disruption

You acknowledge and understand that 911 dialing does not function in the event of a power failure or disruption. In case of a power failure, 911 dialing will not function until the power is restored. Any kind of interruption in the power supply can cause a power failure. Customer might be required to reset or reconfigure equipment prior to utilizing the Service or 911 dialing in case of a power failure or disruption.

5.9.2 Limitation of Liability and Indemnification

You acknowledge and understand that OpenTone's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless OpenTone, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel.

5.9.3 Service Outage Due to Suspension of Your Account

You acknowledge that your services will outage due to the suspension of your account. The suspension can occur because of the billing issues and it will prevent ALL Service, which includes 911 dialing as well.

5.9.4 Broadband Service / ISP Outage or Termination / Suspension or Termination by OpenTone

You acknowledge and understand that the suspension or termination of service by your broadband provider or ISP or by OpenTone will prevent ALL Service including 911 dialing.

5.9.5 Other Service Outages

You acknowledge and understand that there could be a service outage for ANY reason. Such outages can occur due to many reasons, including, but not limited to those reasons described elsewhere in this Agreement. Such an outage will prevent ALL Service, including 911 dialing.

5.10 Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911

You understand that there is a greater possibility of network congestion or reduced speed in the routing of a 911 communication made through your OpenTone equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that 911 dialing from your OpenTone equipment will be routed to the general telephone number for the local emergency service provider which may not be answered after the business hours, and will not be routed to the 911 dispatcher(s) who are supposed to receive incoming 911 calls at such local provider's facilities. Also, the general telephone number for the local emergency service provider will produce a busy signal and could take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls. You acknowledge and accept that OpenTone relies on third parties for the forwarding of information underlying such routing, and accordingly OpenTone and its third party provider(s) disclaim any liability or responsibility if any such information routing is false. You agree that OpenTone, its officers or its employees, may not be held liable for any claim, damage, or loss. You hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately which caused the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of OpenTone.

5.11 Alternative 911 Arrangements

You should always have an alternative means of accessing traditional E911 services. You understand that OpenTone does not offer primary line or lifeline services.

6. Ownership and Risk of Loss

The User shall be deemed the owner of the Device, and shall bear all risk of loss of, theft of, casualty to or damage to the Device.

7. CHARGES / PAYMENTS / DEFAULT / TERMINATION

7.1 Billing

7.1.a On Order Date, the User shall give OpenTone Communications, LLC a valid credit card number. The Monthly service charges shall be charged to the credit card. The Monthly service charge includes but is not limited to initiation fees, monthly service fees.

7.1.b The User hereby agrees that a timely notification shall be made to OpenTone Communications, LLC, under any of the following circumstances:

7.1.b.i If the credit card expires;

7.1.b.ii If the credit card account closes;

7.1.b.iii If the credit card is cancelled on account of loss or theft; and

7.1.b.iv A change in the billing address

OpenTone Communications, LLC reserves the right to bill at more frequent intervals if the amount due at any time exceeds $100.00.

OpenTone Communications, LLC will regularly send users/clients a Statement of Account before the end of the monthly term.

7.2 Billing Schedule

The following charges will be deducted according to the following schedule:

1.) First Month’s Calling Plan Fee and Initiation Fee = upon order date

2.) Monthly Recurring Charge = pre-paid; beginning the second month of service (Service Start Date marks the beginning of the recurring billing cycle)

3.) Additional Charges = post-paid; at the end of the monthly term before the next recurring billing cycle. If call charges exceed $100.00, OpenTone Communications, LLC may request payment prior to the Recurring Billing Date.

7.3 Billing Disputes

You must notify OpenTone Communications, LLC in writing within 7 days after receiving your Statement of Account if you dispute any OpenTone Communications, LLC charges on that statement or otherwise OpenTone Communications, LLC will presume that you have no dispute. Billing disputes should be notified to billing@opentonecom.com

7.4 Payment

The Consumer Plan Users: OpenTone Communications, LLC only accepts payments by credit card. Your initial use of the Service authorizes OpenTone Communications, LLC to charge the credit card account number on file with OpenTone Communications, LLC, including any changed information given OpenTone Communications, LLC if the card expires or is replaced, for OpenTone Communications, LLC charges that accrue during the billing cycle. This authorization will remain valid until 30 days after OpenTone Communications, LLC receives your written notice terminating OpenTone Communications, LLC's authority to charge your credit card. OpenTone Communications, LLC may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with OpenTone Communications, LLC is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to OpenTone Communications, LLC for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by OpenTone Communications, LLC owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

7.4.1 Failed Payment Transactions

If for some reason Client’s credit card returns a failed transaction receipt, OpenTone Communications, LLC will notify Client immediately. Upon notification, Client will be given 10 days to settle payment billing due. If settlement involves a change in credit card information Client contact OpenTone Communications, LLC at billing@opentonecom.com.

If Client fails to change the credit cards information within 10 days, there will be a 14 day Suspension Period. Client will then pay a reactivation fee of $25.00 after settling payment billing due within the Suspension Period. If Client fails to do so, the account will be terminated and the procedures set forth on section 3.6 and 3.7 will be followed.

7.5 Money Back Guarantee

OpenTone Communications, LLC offers a 14-day Money Back guarantee period which begins on the Order Date. Under terms of the Money-Back Guarantee, OpenTone Communications, LLC refunds the initiation fee, first month service fee and waives the disconnect fee. OpenTone Communications, LLC reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.

If Client cancels the service within the 14-day Money Back guarantee period, equipment must be returned within 5 days. Usage (inbound and outbound) must not exceed 100 minutes within this period. Accounts exceeding 100 minutes of usage are not eligible for refund.

All returned equipments (SPA and mobile phone) must be in the original packaging. All components, manuals and registration card(s) must be included. Equipment, which needs to be in a working condition, must be returned with a valid return authorization number obtained from OpenTone Communications, LLC Customer Care at OTC-customercare@opentoncom.com. User is responsible for return shipping of equipment. The money back guarantee will not be honored if Client fails to meet all above requirements.

To obtain a return authorization number, user must contact OTC-billing@opentonecom.com

8. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

8.1 Limitation of Liability OpenTone Communications, LLC shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1.) act or omission of an underlying carrier, service provider, vendor or other third party; 2.) equipment, network or facility upgrade or modification; 3.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 4.) Service, equipment, network or facility failure caused by the loss of power to Customer.

OpenTone Communications, LLC intends to notify Users of any service interruptions or stoppage which OpenTone Communications, LLC plans to carry out. However, this may not be the case in the event of emergencies.

OpenTone Communications, LLC shall not be held responsible for any damages which Users or other parties may incur, unless otherwise stated in this agreement.

8.2 No Warranties on Service OpenTone Communications, LLC makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. OpenTone Communications, LLC does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither OpenTone Communications, LLC 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 OpenTone Communications, LLC'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 OpenTone Communications, LLC's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by OpenTone Communications, LLC or OpenTone Communications, LLC's agents or installers are informational and are not given as a warranty of any kind.

8.3 No Warranties or Limited Warranties, for Devices

If Customer gets the Device new from OpenTone Communications, LLC at the time of subscription, Customer is given a 30-day warranty for both the OpenTone Communications, LLC Phone Adaptor and mobile units. This means that within the first 30 days after Service Start Date, if the original OpenTone Communications, LLC Phone Adaptor malfunctions, a new OpenTone communications, LLC Phone Adaptor will be sent to the Customer and the Customer shall be billed for that new OpenTone Communications, LLC Phone Adaptor. Upon return of the original OpenTone Communications, LLC Phone Adaptor and after the device has been tested to ensure the device malfunctioned and was not broken, the customer shall be refunded the cost of the new OpenTone Communications, LLC Phone Adaptor. After the initial 30 days, customers will not receive a refund for any replacement OpenTone Communications, LLC Phone Adaptors. This 30-day warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, reseller handling or Customer handling. Customer’s sole remedy for any breach of this Customer limited warranty is to obtain a repaired or replacement Device, by writing customercare@opentonecom.com. Customer must include in the email a letter stating that the Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. Other than warranties as to the device expressly set forth in documentation provided with the device and limited warranty expressly set forth herein, OpenTone Communications, LLC 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 firmware 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.

8.4 CHANGES TO THIS AGREEMENT

OpenTone Communications, LLC 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 to the "Service Agreements" section of Open Tone Communications, LLC’s website. Such changes will become binding on Customer, on the date posted to the OpenTone Communications, LLC website and no further notice by OpenTone Communications, LLC is required. This Agreement as 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 Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.

9. GOVERNING LAW / RESOLUTION OF DISPUTES

9.1 Mandatory Arbitration. Any dispute or claim between Customer and OpenTone Communications, LLC arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration, for the U.S.-based customers, by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Illinois, USA The arbitrator's decision shall 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. All claims shall be arbitrated individually and Customer will 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. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

8.2 The Governing Law Agreement and the relationship between you and OpenTone Communications, LLC shall be governed by the laws of the State of Illinois 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 8.1, you and OpenTone Communications, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Illinois and waive any objection as to venue or inconvenient forum. The failure of OpenTone Communications, LLC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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.

8.3 Entire Agreement

This Agreement and the rates for Services found on OpenTone Communications, LLC's website constitute the entire agreement between you and OpenTone Communications, LLC and govern your use of the Service, superseding any prior agreements between you and OpenTone Communications, LLC 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 OpenTone Communications, LLC unless and until posted in accordance with Section 2 thereof.

9. PRIVACY

OpenTone Communications, LLC will not disclose the personal information of Users to the third parties without Users’ consent. However, OpenTone Communications, LLC may disclose such information without Users’ consent if demanded by legal authorities such as the courts or police departments upon a valid order.

10. CHANGES; NOTICES

Notice to Customer of any changes to the "Service Agreement" shall be considered given by posting on the OpenTone Communications, LLC Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the OpenTone Communications, LLC Web Site and no further notice by OpenTone Communications, LLC is required.

Updated: January 05, 2007

By activating the Service, you acknowledge that you have read and understood, and you agree and adhere to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.