1. TERMS AND CONDITIONS.

1.1 Term. The Service is offered on a monthly basis for a term which begins on the date that NIASAT activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give NIASAT written notice of non-renewal prior to the end of the monthly term in which the notice is given. If you are using an unlimited plan, you are pre-purchasing the Service for full monthly terms, meaning that if you terminate Service prior to the end of a monthly term, you will not be entitled to any pro rata refund of any remaining portion of your current monthly term. Expiration of the term or termination of the Service will not excuse the End User from paying any unpaid, accrued charges that are due in relation to the Agreement.

1.2 Use of the Services. The Service and Device are to be used for your personal residential use or limited small business use. You acknowledge that the Service will not be used for any excessive business use including, but not limited to, auto-dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcasting, fax blasting, telemarketing (including without limitation charitable or political solicitation or polling), automatic dialing, call centers, public calling centers or internet cafes or any other activity that would be inconsistent with normal residential or small business usage patterns. If you subscribe to an unlimited calling plan, any use in excess of 3,000 minutes per month shall be presumed to be not consistent with the uses permitted herein. You may not resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service. NIASAT reserves the right to immediately terminate or modify the Service, if NIASAT determines, in its sole discretion, that the Service is being used contrary to the provisions of this Agreement.

1.3 Lawful Use of Service and Device. You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in NIASAT's sole judgment, the transmission, receipt or possession of such communication or material may constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. NIASAT reserves the right to terminate your service immediately if NIASAT, in its sole discretion, believes that you have violated this provision. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and you agree to indemnify and hold harmless NIASAT against any and all liability for any such use. If NIASAT, in its sole discretion believes that you may have violated this provision, NIASAT may forward the objectionable material, as well as your communications with NIASAT and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

1.4 Use of the Service and Device Outside the United States. You agree to assume all responsibility for use of the Service and Device outside of the United States. If the Service and Device are used in a country other than the United States, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless NIASAT against any and all liability for any such use. NIASAT does not represent, warrant or guarantee that the Service or Device will work outside of the United States.

1.5 Tampering with the Device or Service. You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device. NIASAT reserves the right to terminate your Service without refund should you tamper with the Device. You agree not to make or attempt to make any use of the Service that is inconsistent with its intended purpose.

1.6 Theft of Service. You agree to notify NIASAT immediately if you become aware at any time that your 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 and you will remain responsible for all charges for the Services until such time as you provide NIASAT with notice of the theft or fraudulent use of the Service.

1.7 Reassignment of Number upon Service Termination. Upon termination of the Service, NIASAT may, at its sole discretion, reassign a telephone number or Direct Inward Dialing ("DID") (collectively "Number") provided to you by NIASAT. You shall not obtain any rights, title or interest in the Number and the Number is not portable to other service providers. The Number is not to be used with any other device other than the Device provided by NIASAT and NIASAT reserves the right to change, cancel or reassign the Number at NIASAT's discretion.

1.8 Service Distinctions. You acknowledge and understand that the Service is not a telecommunications service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between a telecommunications service and the enhanced Service offering provided by NIASAT. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before any governmental telecommunications regulatory agencies.

1.9 Ownership and Risk of Loss. You are purchasing the Device and therefore, are the owner of the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped and received by you.

1.10 Intellectual Property. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on NIASAT'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 NIASAT are and shall remain the exclusive property of NIASAT and nothing in this Agreement shall grant you the right or license to use any 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 you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that NIASAT will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by NIASAT, which NIASAT reserves the right to prohibit in particular cases or generally, you warrant and represent 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 NIASAT against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

1.11 Alternate Devices. If you decide to use the Service through a device not provided by NIASAT or an authorized NIASAT reseller, which NIASAT reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that alternate device with the Service and you will indemnify and hold harmless NIASAT and its vendors against any and all liability arising out of your use of such alternate device with the Service. NIASAT has no obligation to support or service the use of such alternate devices in any way, and in its sole discretion may decline to provide the configuration information required to allow the device to interoperate with the Service.

2. LIMITATIONS OF EMERGENCY (911) SERVICES OR DIRECTORY ASSISTANCE SERVICES.

2.1 NIASAT VOIP Emergency (911) Services are not available in all service areas depending on the Service Address you provide to NIASAT during your initial sign-up process. Service availability will be determined based upon the service address you provide to NIASAT. You acknowledge and understand that if the Device is disconnected or relocated outside of the service address you provide to NIASAT, you will not have access to Emergency (911) Services. If you decide to relocate the device, you must immediately notify NIASAT so that we can update your service address on file.In addition to the Terms and Conditions contained herein, your use of NIASAT VOIP's Emergency (911) Services are subject to the Conditions and Limitations of Emergency (911) Services in section 2.2 of these terms of use.

2.2 Emergency (911) Services Conditions and Limitations
YOUR SAFETY IS OF THE UTMOST IMPORTANCE TO NETWORK INNOVATION ASSOCIATES. THIS IS WHY NETWORK INNOVATION ASSOCIATES'S VOIP SERVICE OFFERS AN EMERGENCY CALLING FEATURE THAT PERMITS YOU TO DIAL 9-1-1 TO REACH EMERGENCY PERSONNEL. HOWEVER, THE 911-TYPE SERVICE OFFERED THROUGH NETWORK INNOVATION ASSOCIATES'S VOIP IS FUNDAMENTALLY DIFFERENT IN SEVERAL IMPORTANT WAYS FROM TRADITIONAL WIRELINE AND WIRELESS 911 EMERGENCY ACCESS SERVICES. VOIP'S 911-TYPE SERVICE IS NOT A REPLACEMENT TO THE TRADITIONAL LOCAL WIRELINE 911 SERVICES OFFERED OVER THE PUBLIC SWITCHED TELECOMMUNICATIONS NETWORK AND WIRELESS 911 SERVICES IN YOUR LOCAL SERVICE AREA. NETWORK INNOVATION ASSOCIATES AND ITS THIRD PARTY UNDERLYING PROVIDERS CANNOT GUARANTEE THE RELIABILITY OF THE 911-TYPE DIALING FEATURES OF YOUR SERVICE. NETWORK INNOVATION ASSOCIATES'S LIMITED 911-TYPE SERVICE IS AVAILABLE ONLY ON NETWORK INNOVATION ASSOCIATES AUTHORIZED DEVICES AND WITH NETWORK INNOVATION ASSOCIATES SERVICES AS DESCRIBED HEREIN. YOU MUST PROPERLY ACTIVATE AND INSTALL YOUR MULTIMEDIA TERMINAL ADAPTOR SIP ADAPTER, OR DEVICE ("MT" OR"DEVICE") AND ENSURE THAT THE INFORMATION YOU PROVIDE TO NETWORK INNOVATION ASSOCIATES IS ACCURATE. YOU MUST ALSO INFORM ANY OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF THE CONDITIONS AND LIMITATIONS OF VOIP'S 911-TYPE DIALING AND THE NON-AVAILABILITY OF TRADITIONAL 911 SERVICES FROM YOUR SIP ADAPTER AND SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT NETWORK INNOVATION ASSOCIATES HAS APPRISED YOU OF THE CONDITIONS AND LIMITATIONS OF THE EMERGENCY (911) SERVICES AS SET FORTH HEREIN. NETWORK INNOVATION ASSOCIATES STRONGLY RECOMMENDS THAT YOU ALWAYS MAINTAIN AN ALTERNATE MEANS OF REACHING AN EMERGENCY (911) OPERATOR IN CASE OF AN EMERGENCY.

Service Outage, Power Failure or Disruption
Your 911-type dialing will not function in the event of a power failure or disruption in service. Should there be an interruption in power or broadband connection (including wireless broadband connection where applicable) for any reason whatsoever, the Service and 911 dialing will not function unless and until power and service is fully restored. In the event of a power failure you may be required to reset your SIP ADAPTER device prior to utilizing the Service or dialing 9-1-1. Service outages or termination of service by your broadband provider and/or ISP or by Network Innovation Associates will prevent ALL Service including emergency (911) dialing. You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including emergency (911) dialing.

Use of TDD or TTY Devices
Your emergency 911-type service may not be fully compatible with all types of TDD or TTY devices for the hearing impaired and that where such devices are used to make calls, neither Network Innovation Associates nor Network Innovation Associates's third party providers, hold themselves out as providing or enabling Network Innovation Associates to provide emergency services compatible with any TDD/TTY or other hearing impaired devices.

Connecting Your SIP ADAPTER
The emergency (911)-type service will not function unless you have successfully configured and connected your SIP ADAPTER and provided accurate and updated information to Network Innovation Associates. Even if you properly connect your SIP ADAPTER and receive a dial tone, there may still be a delay in time when your emergency (911)-type dialing feature is fully activated. You cannot dial emergency (911) unless and until you have confirmation that your SIP ADAPTER is operational as described herein and in your User Guide.

Failure to Designate the Correct Service Address When Activating 911 Dialing or Moving Your SIP ADAPTER
Your Service Address is the physical address that you provided during the sign-up process. The Service Address is the physical location from where you intend to use your SIP ADAPTER. Where the Service Address is visible to the emergency response operator, this is where emergency personnel will be sent to if you cannot communicate your actual physical location if different from your Service Address. If you have more than one Device at your Service Address and each Device has a different number, you must make sure that the Service Address corresponds to each number where your Device is physically located. If you move your Device to a location other than your primary Service Address, you may not be able to place emergency calls or your calls could be misrouted to the incorrect emergency operator or incorrect emergency service personnel, or emergency personnel could be dispatched to the wrong address. Network Innovation Associates does NOT recommend that you use the Device to dial emergency access services if you move your Device away from your registered Service Address. You acknowledge and understand that neither Network Innovation Associates nor its third party service providers shall have any responsibility or liability for provision of the Service and 911-type access if the SIP ADAPTER is moved outside of your registered Service Address.

Changing Your Service Address and Use of Service Outside the United States and Canada
If you want to change your registered Service Address, you must contact Network Innovation Associates's Customer Service at 559-271-5500 option 2 to update your address and determine whether emergency (911)-type services are available at the new location. Emergency (911)-type dialing is not available in all service areas. Emergency (911)-type service will NOT function outside of the United States or Canada. If Emergency (911)-type service is available at your new Service Address, it may be necessary for Network Innovation Associates to assign a new phone number to you.

Network Congestion
There is a greater possibility of network congestion and/or reduced speed in the routing of an emergency (911) call made from your Network Innovation Associates VOIP Service as compared to traditional 911 dialing over wireline or wireless public telephone networks.

Automated Number Identification
The emergency dispatcher or administrative operator may not be able to identify your phone number when you dial emergency (911) using Network Innovation Associates VOIP. Existing emergency response systems are not always technically capable of receiving and/or passing routing information properly. Accordingly, emergency personnel may not be able to identify your phone number in order to call you back if your call is not completed, dropped or disconnected, or if you are unable to speak to tell the emergency dispatcher or operator your phone number and/or if the Service is not operational for any reason. If you enable any call redirection services with your Network Innovation Associates VOIP such as Call Forwarding or Call Block, emergency personnel may not be able to call you back if your call is disconnected for any reason.

Automated Location Identification (E911)
Emergency personnel will be dispatched to your registered Service Address. This may or may not be the actual physical location of your SIP ADAPTER if you registered an incorrect or false Service Address or moved the SIP ADAPTER without updating your registered Service Address with Network Innovation Associates. If you dial 911, you must immediately tell the dispatcher your location (or the location of the emergency, if different). You must also not disconnect the line as the dispatcher may need a phone number to use to call you back. If you are unable to speak and describe your location, the emergency dispatcher may not be able to locate you or dispatch emergency personnel to the correct location. You will need to state the nature of the emergency promptly and clearly, including your location. You acknowledge and understand that emergency operators and emergency personnel will not be able to find your location if the call is not completed, 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.

Home Security Systems and other Non-voice Communications Equipment
By agreeing to Network Innovation Associates's Conditions and Limitations of Emergency (911) Services, you hereby waive any claim against Network Innovation Associates and Network Innovation Associates's third party providers in connection with your Network Innovation Associates Service and SIP ADAPTER, for interference with or disruption of such home security systems and any and all other communications or electronic equipment due to your use of the Network Innovation Associates Services and SIP ADAPTER.

Local Number Portability
The Conditions and Limitations of Emergency (911) Services as described in this agreement apply even if you are porting your number to your Network Innovation Associates VOIP service. If your SIP ADAPTER is not yet activated as of the Port Effective Date (the date on which your phone service is transferred to Network Innovation Associates VOIP), your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. To avoid an interruption in your phone service, it is extremely important that you properly install your SIP ADAPTER prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be provided to you by Network Innovation Associates via e-mail following your completion of the ordering process.

Limitation of Liability and Indemnification
You acknowledge that Network Innovation Associates's VOIP's 911-type dialing is NOT the same as traditional 911 or E911 dialing, and does not necessarily include all of the capabilities of traditional 911 and E911 dialing. You further acknowledge that the emergency (911) services hereunder may not work under all circumstances and is not as reliable as traditional 911 and E911 dialing.
YOU ACKNOWLEDGE AND UNDERSTAND THAT NETWORK INNOVATION ASSOCIATES'S ENTIRE LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE EQUIPMENT AND SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL NETWORK INNOVATION ASSOCIATES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF NETWORK INNOVATION ASSOCIATES'S SERVICES INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT OR TO THE SERVICES PROVIDED BY NETWORK INNOVATION ASSOCIATES (INCLUDING, BUT NOT LIMITED TO CLAIMS OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM THE FAILURE OF NETWORK INNOVATION ASSOCIATES VOIP'S 911-TYPE DIALING AND/OR INABILITY OF YOU OR ANY USER OF YOUR NETWORK INNOVATION ASSOCIATES VOIP SERVICE TO BE ABLE TO DIAL 911, TO ACCESS EMERGENCY SERVICE PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR TO CORRECTLY ROUTE AN EMERGENCY CALL UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT ON THE PART OF NETWORK INNOVATION ASSOCIATES OR ITS UNDERLYING SERVICE PROVIDERS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NETWORK INNOVATION ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER UNDERLYING SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR NETWORK INNOVATION ASSOCIATES VOIP SERVICE.

Release
By purchasing Network Innovation Associates VOIP Services and checking the 911 Acknowledgments box during your sign up process, You acknowledge that you have read and understand, and agree to the terms and conditions of this Agreement (including the Conditions and Limitations of Emergency (911) Services contained herein) and that you hereby expressly release Network Innovation Associates, its affiliates, directors, officers, employees, agents and underlying service providers from any and all liability associated with your use of Neet2Phone VOIP Services (including the Conditions and Limitations of Emergency (911) Services for customers receiving Network Innovation Associates VOIP Emergency (911) Service).

Sole Remedy
Your sole and exclusive remedies are expressly set forth in the Terms of Use Agreement including these Conditions and Limitations of Emergency (911) Services. Some jurisdictions may not permit the exclusion or limitation of implied warranties, and some jurisdictions may not permit the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such jurisdictions, the liability of Network Innovation Associates, its directors, officers, employees, affiliates, agents and underlying service providers shall be limited to the maximum extent permitted by law.

2.3 Alternative 911 Arrangements. You acknowledge that NIASAT does not offer primary line or lifeline services. NIASAT strongly recommends that you always maintain an alternative means of accessing traditional emergency (911) services such as a POTS line or a traditional wireless phone service.

3. POWER AND/OR BROADBAND SERVICE OUTAGES.

3.1 Loss of Service Due to Power Failure or Internet Service Outage. You acknowledge and understand that the Service will not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or NIASAT terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or broadband outage, the Service will not function at all until power and service is fully restored. A power failure or disruption may require the End User to reset or reconfigure equipment prior to utilizing the Service.

4. PAYMENT AND BILLING.

4.1 Billing. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. All calls for which we receive answer supervision shall incur a minimum one-minute charge. NIASAT relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges for calls on your account within sixty (60) days of the charges or you will have waived your right to dispute the charges. Funds in your account will expire if your account has been inactive for a period of 120 days.

4.2 Payment. All Services must be prepaid with a credit card. You must provide us with a valid credit card number when the Service is activated. NIASAT reserves the right to stop accepting credit cards from one or more issuers at its sole discretion. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced for any reason, you must immediately notify NIASAT so that your Service is not suspended. Based upon which service plan you select, we will periodically bill your credit card for all charges and any applicable taxes.

4.3 Unlimited/Bucket Plans. All services are prepaid with a credit card except usage outside of your selected service plan. Out-of-plan minutes will be charged on a per minute usage basis to your credit card with your next month's charges. NIASAT will charge your credit card whenever usage outside of your selected service plan exceeds $25.00 during the month.

4.4 Deactivation Fee/Enhanced Service Fee. If you the cancel or terminate the Service within twelve (12) months of activation, Network Innovation Associates will charge you an Early Deactivation Fee of $49.00. Network Innovation Associates will waive the Early Deactivation Fee after you have completed twelve (12) months of consecutive service. Customers assigned an Enhanced Local Service (ELS) phone number will be charged an Enhanced Service Fee of $5.00 per month.

4.5 Billing Disputes. You must notify NIASAT in writing within thirty (30) days after receiving your credit card statement if you dispute any NIASAT charges on that statement or such dispute will be deemed waived. Billing disputes should be sent to the following address: You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.

Network Innovation Associates, Inc.
4720 W. Jennifer Ave. STE 101             
Fresno, CA. 93722
Attn: Network Innovation Associates VOIP Billing

4.6 Payment. NIASAT accepts payments only by credit card as set forth in Section 4.1. Your initial use of the Service authorizes NIASAT to charge the credit card account number on file with NIASAT, including any changed information given NIASAT if the card expires or is replaced, or if you substitute a different card, for NIASAT charges as set forth in Section 4.1. This authorization will remain valid until 30 days after NIASAT receives your written notice terminating NIASAT's authority to charge your credit card, whereupon NIASAT reserves the right to charge you any other outstanding charges and terminate the Service. NIASAT may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with NIASAT is declined or reversed, your credit card expires and you have not provided NIASAT 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 NIASAT for all charges accrued before termination and for all costs incurred by NIASAT in collecting such amounts, including but not limited to, attorney's fees and costs.

4.7 Termination/Discontinuance of Service. NIASAT reserves the right to suspend or terminate the Service at any time, with or without cause and without notice to you. If NIASAT discontinues providing the Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of NIASAT or of a third party provider to which NIASAT is subject), you will waive the remainder of any monthly term if you have an unlimited plan.

4.8 Taxes. You are responsible for any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, universal service fees, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide NIASAT with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date NIASAT receives such certificate.

5. WARRANTIES AND LIMITATION OF LIABILITIES.

5.1 Disclaimer of Warranties for Services. All Services provided by NIASAT are provided on an "as is" basis. NIASAT makes no warranty to you or any other person or entity, whether express, implied or statutory, as to the description, quality, title, non-infringement, merchantability, completeness, or fitness for a particular purpose as to the Services provided to you, all such warranties hereby being expressly excluded and disclaimed. NIASAT does not warrant that the Services are error-free or will operate without packet loss or interruption nor does NIASAT warrant the reliability of any connection to or any transmission over the Internet. End user assumes total responsibility and risk for use of the Services.

5.2 Limited Warranty for Device. If End User purchased the Device new from NIASAT and the Device included a limited warranty at the time of purchase, End User must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If End User's Device did not include a limited warranty from NIASAT at the time of purchase, End User agrees that it accepts its Device "as is" and that End User is not entitled to replacement or refund in the event of any defect. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE, NIASAT 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 END USER'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.

5.3 Limitation of Liability and Indemnification. YOU ACKNOWLEDGE AND UNDERSTAND THAT NIASAT'S ENTIRE LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE EQUIPMENT AND SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL NIASAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF NIASAT'S SERVICES INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT OR TO THE SERVICES PROVIDED BY NIASAT (INCLUDING, BUT NOT LIMITED TO VOIP'S 911-TYPE DIALING AND/OR INABILITY OF YOU OR ANY USER OF YOUR NIASAT VOIP SERVICE TO BE ABLE TO DIAL 911, TO ACCESS EMERGENCY SERVICE PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR TO CORRECTLY ROUTE AN EMERGENCY CALL IF YOU MOVE YOUR DEVICE OUTSIDE OF YOUR SERVICE ADDRESS) UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT ON THE PART OF NIASAT OR ITS UNDERLYING SERVICE PROVIDERS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NIASAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS AND ANY OTHER UNDERLYING SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE NIASAT VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR NIASAT VOIP SERVICE.

5.4 Release. By purchasing NIASAT VOIP Services and checking the 911 Acknowledgments box during your sign up process, you acknowledge that you have read, understand and agree to these Terms of Use (including the Conditions and Limitations of Emergency (911) Services in section 2.2 hereof) and that you hereby expressly release NIASAT, NIASAT, its directors, officers, employees, agents and underlying service providers from any and all liability associated with your use of NIASAT VOIP's Services (including the Conditions and Limitations of Emergency (911) Services in section 2.2 hereof).

5.5 Sole Remedy. Your sole and exclusive remedies are expressly set forth in this Agreement. Some jurisdictions may not permit the exclusion or limitation of implied warranties, and some jurisdictions may not permit the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such jurisdictions, the liability of NIASAT, its directors, officers, employees, agents and underlying service providers shall be limited to the maximum extent permitted by law.

6. GOVERNING LAW AND ARBITRATION.

6.1 Mandatory Arbitration. Any dispute or claim between End User and NIASAT 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. The arbitration shall take place in New York, New York and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and 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 End User 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. END USER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

6.2 Governing Law. The Agreement and the relationship between you and NIASAT shall be governed by the laws of the State of California 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 6.1, you and NIASAT agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California and waive any objection as to venue or inconvenient forum. The failure of NIASAT to exercise or enforce any right or provision of this 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.

6.3 Entire Agreement. This Agreement and the rates for Services found on NIASAT's website constitute the entire agreement between you and NIASAT and govern your use of the Service, superseding any prior agreements between you and NIASAT 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 NIASAT unless and until posted in accordance with Section 6.5 hereof.

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

6.5 Changes to Terms of Service. NIASAT may change the terms and conditions of this Agreement from time to time. Any changes to this Agreement will become binding on you effective on the date posted to the NIASAT website and no further notice by NIASAT 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.

6.6 Patents. This product, the systems and methods that it accesses, and/or the related services are provided and covered under the Patents of the SIP Adapter manufacturers and NIASAT Hub equipment manufacturers.

6.7 Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of NIASAT, VOIP and other NIASAT marks (collectively "Marks") are owned by NIASAT and/or its affiliates and nothing herein shall grant you a license to use such Marks.

6.8 Copyright. All Services and/or Materials provided and/or found on the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of NIASAT. 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.

Updated: June 2009