This document is an agreement between a Customer and Nettalk Voice, Inc. for communications and related services . The terms "Device" and "Phone adapter" refers to an IP phone, software or any other IP connection device used in conjunction with Nettalk Voice Service. By activating Nettalk Voice Service with Nettalk Voice, Inc, Customer acknowledges that Customer has read and agrees to the terms of this Agreement.

1. SERVICE

a. Use of Service
Customer authorizes Nettalk Voiceline, Inc to verify its creditworthiness with a credit reporting agency to determine customer's eligibility for Service. If Customer is approved for Service, Customer agrees not to resell the Service without the expressed written consent of Nettalk Voice, Inc. Customer also agrees not to use Service for any unlawful or destructive purpose or in such a way as to create damage or risk to Nettalk Voice' business, reputation, employees, facilities, third parties or to the public in general. Customer has no proprietary or ownership rights to or interest in a specific phone number or phone numbers assigned to Customer by Nettalk Voice, Inc. The number is not portable to any other service provider. Customers who choose to use the Service outside the United States do so at their own risk. Nettalk T does offer customer service to Customers who use the Service outside of the United States. Nettalk Voiceline does attest that the Service does work outside of the United States in most scenarios, but does not guarantee that the Service will work outside of the United States.

b. Term
The term of this Agreement depends on the plan, feature or promotion Customer selects and is described in separate subscriptions, calling plans, or rate plans in materials provided by Nettalk Voice, Inc. Customer agrees that it has reviewed the appropriate plan materials and fully acknowledges and agrees to the term of the Calling Plan. The term of this Agreement begins on the date that Nettalk Voice, Inc activates Service for the Number. Customer agrees to purchase the Service for the entire term. The term of the Service shall continue for the number of full months applicable to the term selected. If Customer attempts to terminate Service prior to the end of the term, Customer will be responsible for all charges, including without limitation, unbilled charges, which immediately become due in addition to a $99USD cancellation fee. After the expiration of Customer's Calling Plan, Customer will be required to sign up for a new Calling Plan (it may choose from all Calling Plans that are available at that time) in order to continue receiving Service from Nettalk Voice, Inc.

c. Unauthorized Usage
Customer may not program the Number into any equipment or infrastructure in or on which the number is intended or used as the origination or destination of a communication other than the Device that was provided by Nettalk Voiceline without expressed written consent of Nettalk Voice, Inc. Customer may not change the electronic serial number or equipment identifier of the Device. If the Device is stolen or Service is fraudulently used, Customer must immediately notify Nettalk Voice, Inc and provide such documentation and information as Nettalk Voice, Inc may request which includes, but is not limited to, a copy of a filed police report. Customer agrees to cooperate with Nettalk Voiceline, Inc in any fraud investigation and to implement any fraud prevention measure Nettalk Voiceline, Inc prescribes. Failure to provide reasonable cooperation will result in Customer liability for all fraudulent usage. Customer agrees to advise Nettalk Voice, Inc if service usage changes from either residential or business use.

d. Return Policy
If Customer's Device was purchased from Nettalk Voice, Inc and includes proof of purchase and original packaging and contents, and undamaged and in good working condition, Customer may return its Device in satisfactory condition within thirty (30) days of receipt for a full refund of the first month monthly fee and equipment price, unless otherwise stated in the Calling Plan, if applicable. The setup fee and shipping and handling is not refundable. If Customer receives cartons and/or devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Nettalk Voice' customer care department immediately.

2. CHANGES TO THIS AGREEMENT
Nettalk Voice, Inc. may amend the terms of the Agreement, including all Calling Plans, without advance notice. If Customer does not agree to the amendment, Customer may terminate the Agreement by giving Nettalk Voiceline, Inc notice within 5 full business days (Monday through Friday USA CST) of the date Nettalk Voice, Inc notifies Customer of changes to this Agreement, and will be charged a disconnect fee. If Customer uses the Service on the fifth day after Customer has been notified and/or does not notify Nettalk Voice, Inc of its intent to terminate the Agreement within 5 days, Customer is deemed to have consented to the change. Any change will take effect in the next billing cycle subject to pro rata billing during the then current billing cycle. If Customer transfers to a Calling Plan having a term that is shorter than its previous Calling Plan, it may remain obligated to the previous Calling Plan, at the option of Nettalk Voice, Inc.

3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
a. Billing and Payment of Charges
Customer is responsible for paying all charges posted to its account, including but not limited to, monthly Service fee, setup fee, usage charges, advanced feature charges, Device charges, shipping, and others. Charges, including disputed amounts, must be paid by the date shown on the invoice. Nettalk Voiceline, Inc calculates all rates at one-minute increments, rounded up to the nearest minute, commencing upon the first use of any services being provided. Customer agrees that (a) it would be impractical to determine the exact amount of Nettalk Voice' damages if Customer fails to pay promptly, and (b) in the event of such failure, Customer shall pay Nettalk Voice, Inc the amount due plus a cancellation fee. If Nettalk Voiceline, Inc accepts late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of Nettalk Voiceline, Inc rights hereunder nor will it constitute an accord or satisfaction. Nettalk Voiceline, Inc reserves the right to charge it's Customer for bills which are back dated for upto a period of 1 year, if due to some reason the error is occurred in the billing system of Nettalk Voiceline, Inc.

Nettalk Voice, Inc reserves the right to bill and collect weekly or otherwise than monthly if the amount due in any point of a month is greater than $150USD. Invoices are payable on receipt. Note that international calls are not included in the USA incoming and outgoing call plan.

b. Credit Card Charges
If Customer pays by credit card, it authorizes Nettalk Voice, Inc. to charge the credit card account number for Nettalk Voiceline, Inc charges that accrue during the billing cycle. Customer reauthorizes Nettalk Voiceline, Inc to charge its designated credit card account each time it uses Service and/or as required by the Calling Plan Customer chooses. This authorization will remain valid until terminated by written notice to Nettalk Voice, Inc. It is expressly understood and agreed that the term for Service will automatically renew for a similar term until such time as Customer notifies us in writing of its intention not to renew. Nettalk Voice, Inc may terminate your account at any time, in Nettalk Voice, Inc's sole discretion, for declined credit cards or any other non-payment of account charges with the understanding, however, that Customer remains fully liable to Nettalk Voice, Inc for all charges accrued from usage of Service and all charges incurred by Nettalk Voice, Inc due to said declines, etc. Nettalk Voice will charge a service charge of $3 for every time the customer's credit card declines. If the customers credit card declines over 3 times for any reason, Nettalk Voice will invoice and Charge a $100 Security Deposit on that particular account.

c. Default/Termination
Nettalk Voice, Inc reserves the right to terminate Service at Nettalk Voiceline, Inc's discretion. Nettalk Voice, Inc may discontinue the Service, for any reason including without limitation, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the Service is being misused in any way. In the event of Customer default -- i.e. Customer does not pay any sum when due, breach any representations you made to Nettalk Voice, Inc, fail to perform any of your obligations set forth in this Agreement between Customer and Nettalk Voice, Inc, are suspected by Nettalk Voice, Inc of committing fraud, harming Nettalk Voice, Inc's network, harming Service to other customers, using Service in any way that damages Nettalk Voice, Inc -- Customer will reimburse Nettalk Voice, Inc for its attorneys' and expert witnesses' fees and costs of investigation, collection and similar expenses incurred by Nettalk Voice, Inc in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, Nettalk Voice, Inc may keep any charges or sums prepaid by Customer upon termination. Nettalk Voice, Inc may require reactivation charges to renew Service after termination or suspension.

Nettalk Voice, Inc reserves the right to terminate the service of the Customer if the Customer in any manner uses language oral or written which reasonably implies as a threat against Nettalk Voice, Inc in any manner. The mode of Such communication by the Customer may be any oral or written mode.

d. Taxes
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Nettalk Voice, Inc as a result of providing the Service or a Device will be added to Customer's account when imposed or required by law. If Customer is exempt from payment of such taxes, it will provide Nettalk Voiceline, Inc with an original Tax Exempt Document. Tax exemption will only apply from the date Nettalk Voice, Inc receives the Tax Exempt Document.

e. Device Returns in the Event of Calling Plan Termination
If any Device(s) was provided to Customer in conjunction with the signing of a Calling Plan, and the Calling Plan is terminated for any reason, Customer must return the Device(s) to Nettalk Voice, Inc within 30 days of termination. Failure to do so will result in charging Customer's account and/or credit card the full amount of the Device.

f. Service Cancellation
The customer must sign, and fax / scan email a cancellation form, requesting in writing 15 days prior to the date they wish to cancel the service, or they may be charged for the full months service charges.

g. Duties on Shipments
Each country's government charges custom/duty fees on incoming shipments. Nettalk Voice, Inc does not have control over these fees. These fees are the responsibility of the customer and are not included in the pricing on this agreement.

h. Credit Card chargeback fees by Nettalk Voice, Inc.
When a customer requests a chargeback from his credit card company on the products or services of Nettalk Voice and it is processed, we will charge the 25$ service fee to the customer.

i. Change Plan Charges and Terms with Nettalk Voice, Inc.
A customer may change his plan at any time. The customer will be charged a new setup fee and a new monthly fee each time he changes his plan. There are no prorated terms and no refunds for these change.

4. LIMITATIONS

a. Limitation of Liability
Nettalk Voice, Inc's nonperformance hereunder shall be excused and Nettalk Voice, Inc shall not be liable if caused by act or omission of an underlying carrier; equipment, network or facility failure; equipment, network or facility upgrade or modification; acts of god; strikes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation or causes beyond Nettalk Voice, Inc's control, including without limitation the failure of an incoming or outgoing call, including a 9-1-1 emergency call to be connected or completed, or degradation of voice quality. Nettalk Voice, Inc's liability for any failure or mistake shall in no event exceed Service charges during the affected period. Nettalk Voiceline, Inc is not liable for any incidental or consequential damages of any type.

b. Indemnification
Customer agrees to defend, indemnify, and hold Nettalk Voice, Inc, its affiliates and agents and any other service provider, harmless from claims or damages relating to this Agreement. This paragraph shall survive termination of this agreement.

c. No Warranties on Service
Nettalk Voice, Inc provides no warranties of any kind on the Service. Statements regarding or descriptions of the Service, if any, by Nettalk Voice, Inc or Nettalk Voice, Inc's agents or installers are informational and are not given as a warranty of any kind.

d. No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from Nettalk Voice, Inc and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Nettalk Voice, Inc at the time of purchase, Customer agrees that it accepts its Unit "as is" and that Customer is not entitled to replacement or refund in the event of any defect.

5. RESOLUTION OF DISPUTES
a. Mandatory Arbitration
Any dispute or claim between Customer and Nettalk Voice, Inc arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. 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 a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. b. Cost of Arbitration.

All administrative fees and expenses of an arbitration initially will be divided evenly between Customer and Nettalk Voiceline, Inc. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys' fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final.

The location of arbitration shall be Florida, unless otherwise agreed to by both Parties in writing.

6. MISCELLANEOUS

a. Signing Authority
Customer acknowledges that the Customer is of legal age, has received a true copy of this Agreement and has read and clearly understands the terms of this Agreement.
b. Privacy
IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Nettalk Voice, Inc is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.
c. Notices
Notices to Customer shall be sent to the email address on file for Customer at Nettalk Voice, Inc and will be considered given on the date sent by Nettalk Voice, Inc. Customer is responsible for notifying Nettalk Voiceline, Inc of any changes to its email address. Notices to Nettalk Voice, Inc shall be considered given when received by Nettalk Voiceline, Inc at nettalkvoiceline@yahoo.com.