TERMS OF USE - GENERALLY

Union Plus Voice, provides Internet phone Services (the "Service" or "Services") through http://www.unionplus.net/voice/ (the "Website"). The Services include the ability to download and use SoftPhone software (the "Software"), purchase Broadband Phone, PC to Phone, or Virtual Calling Card accounts, manage existing user accounts, and other services. Your use of the Services, Software and Website is subject to your compliance with the Terms of Use set forth below.

These terms of use, the Privacy Policy, the information contained in the answers provided by Union Plus Voice in the "Frequently Asked Questions" section of the Site (the "FAQ's"), including the section of the FAQ's describing the particular calling plans offered by Union Plus Voice (the "Plans and Rates") (each of which are incorporated herein), govern each your use of the Services, Software and Website, and, together, constitute the "Terms of Use" between you and Union Plus Voice. Additionally, when using particular Services, you shall be subject to all posted agreements, guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in the Terms of Use. All such agreements, guidelines and/or rules are hereby incorporated by reference into these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, DOWNLOADING OR USING THE SOFTWARE OR UTILIZING THE SERVICES, YOU ACCEPT AND ARE LEGALLY BOUND BY THESE TERMS OF USE.

These Terms of Use may be modified at any time without notice and any such modification shall be effective immediately upon posting with respect to the Services, Software and Website. By assenting to these Terms of Use, you agree to periodically review these Terms of Use and further agree that you will be bound by any modifications or amendments thereto. Your continued use of the Services, Software or Website following any such modifications shall be deemed your conclusive acceptance of the modified Terms of Use.

Questions regarding these Terms and Conditions should be addressed to Tech Support

SERVICE - GENERALLY

Union Plus Voice offers Voice over Internet Protocol (also known as VoIP, Voice over IP) enabled telephone service, including outbound calling, inbound phone numbers, and related telephony features. Service is offered on a prepaid basis. User accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your credit card without further action by you ("Automatic Recharge"). You hereby authorize such charges. Automatic Recharge takes place (i) on a monthly basis at the commencement of each monthly term (unless you give Union Plus Voice written notice of non-renewal as set forth below) and (ii) when the account balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan. Union Plus Voice provides the Service for full monthly terms only, beginning on the date that your account is first created.

You agree to use the Services, Software and Website for lawful purposes only. You are prohibited from posting on, or transmitting through, the Website any materials, or engaging through the Services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If Union Plus Voice suspects that you have engaged in any of the foregoing conduct, Union Plus Voice may, in its sole discretion, (a) terminate or suspend your account or use of the Services, Software and/or Website; and/or (b) forward the offensive materials and/or information related to such prohibited conduct, your communications with Union Plus Voice, and your personally identifiable information to the proper authorities for investigation or prosecution.

EMERGENCY 911 SERVICE

PLEASE READ CAREFULLY THIS INFORMATION REGARDING EMERGENCY 911 SERVICE AND ITS LIMITATIONS. BY ACTIVATING AND PAYING FOR THE Union Plus Voice SERVICES (PROVIDED BY VELOCITY SERVICES, INC.), YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF Union Plus Voice EMERGENCY 911 SERVICE. YOU ALSO UNDERSTAND THE DISTINCTIONS BETWEEN SUCH EMERGENCY 911 SERVICE AND TRADITIONAL 911 OR E911 CALLS. You agree to notify any user who may place calls using your Services, including any household residents, guests or third persons who may be present in your household, of the limitations of Union Plus Voice Emergency 911 Service.

IN ORDER FOR Union Plus Voice TO PROVIDE YOU WITH EMERGENCY 911 SERVICE, YOU MUST REGISTER YOUR SERVICE ADDRESS (THE GEOGRAPHICAL LOCATION WHERE YOU WILL BE USING YOUR SERVICES) WITH US. Failure to provide the correct and proper service address may result in misdirecting 911 calls to the incorrect Public Safety Answering Point (PSAP) or emergency operator and/or the failure to reach the correct location and render emergency service when requested.

PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH Union Plus Voice OFFERS EMERGENCY 911 SERVICE, Union Plus Voice CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE FUNCTIONING 911 SERVICE IS TO TEST THE SYSTEM; Union Plus Voice IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE 911 SYSTEM AND CANNOT AUTHORIZE YOU TO DO SO. YOU MAY WISH TO CALL THE NON-EMERGENCY NUMBER OF YOUR LOCAL POLICE OR FIRE DEPARTMENT TO FIND OUT IF THEY ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION.

THERE ARE TWO TYPES OF Union Plus Voice EMERGENCY 911 SERVICES – ENHANCED 911 OR “E911” AND BASIC 911. WITH E911, YOUR CALL IS ROUTED TO THE PUBLIC SAFETY ANSWERING POINT (PSAP) SUPPORTING THE SERVICE ADDRESS YOU REGISTERED WITH YOUR ACCOUNT. THE EMERGENCY OPERATOR RECEIVES THE NAME, ADDRESS, AND ORIGINATION PHONE NUMBER OF THE CALLER. WITH THIS SERVICE, THE CALLER DOES NOT NEED TO VERBALLY GIVE THEIR LOCATION TO THE OPERATOR. WITH BASIC 911, A CALL IS ROUTED TO THE GENERAL TELEPHONE NUMBER AT THE EMERGENCY RESPONSE CENTER AND THE EMERGENCY RESPONSE CENTER PERSONNEL RECEIVING YOUR CALL WILL NOT BE ABLE TO IDENTIFY YOUR PHONE NUMBER OR THE PHYSICAL ADDRESS FROM WHICH YOU ARE CALLING. BASIC 911 IS AVAILABLE ONLY FOR A GRANDFATHERED USER. A “GRANDFATHERED USER” IS AN “INTERCONNECTED” USER (AS DEFINED BELOW) WHO (1) HAD THE SERVICES PRIOR TO NOVEMBER 28, 2005, (2) IS LOCATED IN AN UNSUPPORTED E911 AREA (AS DEFINED BELOW), AND (3) USES THE SERVICES AT THE SERVICE ADDRESS IN EFFECT PRIOR TO NOVEMBER 28, 2005.

BECAUSE OF THE LIMITATIONS ON THE EMERGENCY 911 SERVICE, Union Plus Voice RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES.

In addition to the limitations and conditions described above, the following additional terms, conditions and limitations apply to Union Plus Voice Emergency 911 Services:

  • Union Plus Voice E911 Service will only be available for you if you are an “interconnected” user who has informed us that you are using your Services in the United States. You are an “interconnected” user if you have an inbound phone number from us and have the ability to make outbound calls. You will inform us of the geographical location where you will be using your Services by completing, during the sign-up process, the “service address” information.
  • Union Plus Voice will initiate Services to you, as an “interconnected” user, only if your service address is in the geographical area where Union Plus Voice can provide E911. During the sign-up process, you will provide Union Plus Voice with the physical service address where you will use your Services. Union Plus Voice will confirm that it is able to provide you with E911 at that service address before completing your order. Your services will not be available prior to such confirmation. In the event that Union Plus Voice determines that your service address is in a geographical location where Union Plus Voice cannot provide E911 (“Unsupported E911 Area”), Union Plus Voice will not provide “interconnected” Services to you. This means that in certain geographic areas, Union Plus Voice will not provide “interconnected” Services and you will not be able to contact emergency response centers (for example, police, fire, medical and other emergency service personnel) using such Union Plus Voice Services. Union Plus Voice is, however, continuously expanding the geographical locations for its E911 service.
  • Union Plus Voice E911 will not function if your equipment is not configured properly or if your Union Plus Voice services are not functioning for any reason. This includes a broadband or electrical power outage or if your broadband, ISP, or Union Plus Voice services are suspended or terminated. Should there be an interruption in the power supply, the Services, including any Emergency 911 service, will not function until power is restored. A power failure or disruption may require you to reset any equipment used in connection with the Services prior to using the Services or any Emergency 911 Service. In addition, in the event of a local disaster, there is a greater possibility that an E911 call will produce a busy signal, fail to be completed, or experience long connection times due to network congestion.
  • Because of the time it takes to properly update the E911 emergency databases, your E911 service may not be available immediately. Union Plus Voice E911 may not function properly for up to one day after you are able to make outbound calls with your services.
  • If you move or intend to use your Union Plus Voice services away from the geographic location you have registered with Union Plus Voice, you must update your account with your new location. You agree that if you use your Services from a new location, you must register the new service address and you acknowledge that you are solely responsible for maintaining accurate physical service address information on your Union Plus Voice account. Union Plus Voice cannot route your emergency calls to the correct local emergency response center unless and until you have registered your new physical service address location by contacting Union Plus Voice customer service, and Union Plus Voice has confirmed that it can provide E911 to the new location and has completed the registration process by updating all appropriate E911 emergency databases. Since it may take several days or more to properly update the E911 emergency databases, you should NOT rely on Union Plus Voice services for 911 emergency dialing if you are using the service when you are temporarily traveling away from home. Until your new service address is fully registered, your 911 calls using the Union Plus Voice services will continue to be directed to the local emergency response center that supports the service Address you previously registered with Union Plus Voice. The emergency response center to which any such 911 calls are routed may be unable to provide you with assistance and Union Plus Voice will be unable to inform emergency response personnel of your actual location. If you register a new service address in an Unsupported E911 Area, Union Plus Voice may suspend, terminate or otherwise deny Services without further notice and without liability on the part of Union Plus Voice. Union Plus Voice will not provide a refund for the period that your Services are in suspension. Normal Union Plus Voice monthly plan charges will continue to apply. If your new service address is in an Unsupported 911 Area, you may elect to terminate your Services. Union Plus Voice will not charge you an early termination fee, if applicable, if you terminate your Services for this reason.
  • Basic 911 and additional limitations that apply to Basic 911. Basic 911 is provided ONLY for Grandfathered Users. When we provide you Basic 911, your call will be routed, in most instances, to the general telephone number for the emergency response center designated for the service address you have registered with Union Plus Voice. You agree that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls. It is possible that the telephone line at the emergency response center will be in use for other communications and that you will get a busy signal. It is also possible that the line may not be answered or that you will not reach a live operator. It is also possible that the emergency response center will refuse to accept Union Plus Voice 911 calls. You acknowledge and agree that the emergency response center personnel receiving your call may not be able to identify your phone number or the physical address from which you are calling. You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You agree that the individual answering the call may not be able to call you back or determine your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to tell them your phone number and physical location and/or if the Services are not operational for any reason, including without limitation those reasons listed elsewhere in these Terms of Use.
  • Outage of Services due to Suspension of Your Account. You agree and understand that an outage of your Services due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Terms of Use, will prevent ALL Services, including any Emergency 911 Service.
  • Acknowledgement. You understand and acknowledge that Union Plus Voice Emergency 911 Service has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. You should carefully evaluate your circumstances when deciding to activate the Services. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services.
  • Indemnification. You acknowledge and understand that Union Plus Voice will not be liable for any outage of your Services and/or inability to dial 911 using the Services or to access emergency service personnel due to the characteristics and limitation of the Union Plus Voice Services set forth in these Terms of Use. You agree to defend, indemnify, and hold harmless Union Plus Voice, its officers, directors, employees, affiliates, subsidiaries, parent companies, and agents and any other service provider who furnishes services to you in connection with the Services, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Services relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below in the “Legal” section.
TERM

Service is offered on a monthly basis for a term that begins on the date that Union Plus Voice 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 unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement

Use of Service and Device by Customers Outside the United States.

Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada.

PAYMENT AND BILLING

You authorize any charges incurred from the use of your Union Plus Voice account to be billed to you through your account or credit card. You may use the Union Plus Voice account only so long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of the Union Plus Voice account issued to you and comply with all other terms and conditions set forth herein.

In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your funds to be available in your account.

You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify Union Plus Voice immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used, in writing by e-mailing to TechSupport@Union Plus Voice or by engaging Union Plus Voice Tech Support personnel through Union Plus Voice "live chat" functionality feature. You agree to be responsible for payment of all charges on your account's detail report incurred as a result of the use of your Union Plus Voice debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.

You are not authorized to use your Union Plus Voice account after your account or your credit card has expired, or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to Union Plus Voice for any charges resulting from the use of your Union Plus Voice account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to Union Plus Voice.

Charges for the Service will be rated and charged in accordance with the rates provided by Union Plus Voice, any promotional offer pursuant to the published terms of such offer by Union Plus Voice, or as otherwise as provided in our price list or on the Website. 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 cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. Union Plus Voice relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All calls made to mobile telephones are deemed to have been completed. You must notify Union Plus Voice in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges.

Certain federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future (collectively, "Taxes"), may apply, or become applicable in connection with the use of the Union Plus Voice accounts or the Services, Software or Website. You will be responsible for any Taxes. Applicable Taxes will be deducted from your prepaid debit account balance or charged directly to your credit card.

All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans subject to a fixed monthly fee (the "Monthly Fee") pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change. Our rates may not include additional charges you may receive for originating a call from a cell phone.In addition to the fixed monthly fee, a $1 monthly or $12 annual service fee will apply to select calling plans.

All Monthly Fees, directory assistance or additional per minute charges incurred will be deducted from your prepaid debit account or charged directly to your credit card on the same date and at the same time every month, with a possible delay of four (4) hours which may cause a possible shift in date, from time to time.

If you are subscribed to a calling plan subject to a Monthly Fee, and in the event that your debit account balance drop below the level set forth in the Calling Plan Details with respect to your particular calling plan, your credit card will automatically be recharged in the amount specified by you during sign up, unless your account is not subject to Automatic Recharge. In the event that your calling plan is subject to Automatic Recharge and your account falls below the level set forth in the Calling Plan Details with respect to your particular calling plan, but the charge for the Automatic Recharge fails, you will be automatically downgraded to a per-minute price plan.

ACCOUNT EXPIRATION AND TERMINATION

You may terminate your account at any time by providing at least ten (10) days prior written notice of non-renewal to Union Plus Voice Tech Support which contains your name, account number and clear request to terminate the Service shall suffice as a written notice for the purpose described in the previous sentence.
If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges through the end of the then-current monthly term. Any notice of termination received within the final ten (10) days of any monthly term will be effective as of the conclusion of the subsequent month.
Accounts not subject to Automatic Recharge will expire after one hundred and twenty (120) days unless a call has been made or funds have been added.

NO REFUNDS

Provider reserves the right to cancel your Service for any reason without prior notice. Pre-paid service is non-refundable. Provider will not refund any monthly service fees, or remaining balances in your prepaid account. Furthermore Provider will not refund any hardware purchase costs, including shipping or handling fees. Cancellations are defined as a cancellation of the automatic renewal of the account and are not a termination of any prepaid period.

You must notify Provider via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail.

Provider may, at its sole discretion, allow for a pro-rated refund of unused annual service fees, after the collection of a cancellation fee.

30 DAY LIMITED WARRANTY

If your Device is faulty or not working correctly, you may return the Device to us within fourteen (14) days of the termination of Service and receive a replacement Device, provided that:
  • the Device is returned within the first thirty (30) days following the activation of the Service;
  • the Device is in original condition, reasonable wear and tear excluded;
  • the original proof of purchase are returned with the Device, together with the original packaging, all parts, accessories, and documentation;
  • prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at TechSupport@unionplus.net; and
  • you pay all costs of shipping the Device back to us.
TAXES

You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, 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 a 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 must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

BONUSES

All eligibility for bonuses is described in the applicable Calling Plan Details.

Bonuses based on the amount of charge to your credit card will be activated only after completion of the aforementioned charge. These bonuses must be used within sixty (60) days of activation (unless stated otherwise in the materials describing the applicable calling plan). Any unused bonus funds will expire.

Bonuses based on minute's usage will be activated after the defined usage. These bonuses do not expire.

Union Plus Voice reserves the right to change and/or add new types of bonuses and to change the expiration period of the existing types of bonuses. Any changes will apply only to future bonuses and periods.

LICENSES

Trademarks:

All trademarks, service marks, corporate names, logos, websites and domain names of Union Plus Voice and its suppliers (collectively "Marks") are and shall remain the exclusive property of Union Plus Voice and such suppliers and nothing in these Terms of Use shall grant you the license to use such Marks for any purpose.

Copyrights:

The Services, Software and materials contained in the Website and otherwise provided by Union Plus Voice are protected by copyright, or other intellectual property laws. Any commercial or unauthorized use of the Services, Software and materials contained in the Website is strictly prohibited, without the express, prior, written consent of Union Plus Voice. Any reproduction or redistribution of the Services, Software and materials contained in the Website not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

Use of Software:

The Software is the copyrighted work of Union Plus Voice and/or its suppliers. Use of such software is governed by these Terms of Use and the terms set forth in the applicable End User License Agreement, if any. Subject to the terms and conditions contained in these Terms of Use, Union Plus Voice hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable right to use one (1) copy of the Software for your own personal use on a single computer. Union Plus Voice, on its own behalf and that of its suppliers, reserves all rights in the Software not expressly granted herein, including without limitation ownership and proprietary rights. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the Software. You may not reproduce or distribute the Software for any purpose whatsoever. Without limiting the foregoing, you may not copy the Software to any server or location for reproduction or distribution. The restrictions contained herein apply equally to any updates that may be provided to you by Union Plus Voice. The Software and any accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of these Terms of Use and will be prohibited except to the extent expressly permitted by these Terms of Use.

RESTRICTIONS

Consumer Users

If you have subscribed to one of Union Plus Voice's consumer calling plans, the Service is provided to you as an individual user, for your personal, non-business and non-professional use. This means that you are not using the Service for any commercial (for-profit or not-for-profit) or governmental activities, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Additionally, you may not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express prior written permission from Union Plus Voice. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose will obligate you to pay Union Plus Voice's higher rates for business plans on account of all periods, including past periods, in which you use, or used, the Service. Union Plus Voice reserves the right to immediately terminate or modify the Service, if Union Plus Voice determines, in its sole discretion, that your Service is being used for non-residential or commercial use.

Commercial Users

If you have subscribed to Union Plus Voice's business plans, the Service, Software and Website are provided to you as a small business user. This means that you are not to resell or transfer the Service, Software and Website to any other person for any purpose, without express written permission from Union Plus Voice in advance. You agree that Union Plus Voice's business plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. Union Plus Voice reserves the right to immediately terminate or modify the Service, if Union Plus Voice determines, in its sole discretion, that your Service is being used for any of the aforementioned activities.

EXCEEDING CALLING PLAN LIMITS

Once you exceed your monthly calling plan minute limit, you agree that any calls made thereafter, including calls to Canada and the USA, shall be charged to your prepaid account at the then current rates, published on the Union Plus Voice website.

RESIDENTIAL USE

Users that subscribe to our residential voice services are provided a service intended for residential use only. If you are found to be using the service in a manner which conveys excessively high usage and/or is inconsistent with the patterns displayed by the average residential user on a residential plan, your account will be billed according to your usage.

Further more, we also reserve the right to cancel your service at any time without notice if we determine that your account is being used, or ever was used, in a manner which conveys excessively high usage and/or is inconsistent with the patterns displayed by the average residential user on a residential plan.

LEGAL

Union Plus Voice does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does Union Plus Voice warrant any connection to or any transmission over the Internet. Use of the Services shall be in accordance with these Terms of Use. Information on the Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Union Plus Voice may also make improvements and/or changes to the Services, Software or Website at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, by Union Plus Voice or Union Plus Voice agents or partners are informational and are not given as a warranty of any kind.

All Services Software and the Website and equipment provided by Union Plus Voice are provided "as is". Union Plus Voice DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED.

EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 9-1-1 CALLS, ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND NEITHER Union Plus Voice NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE.

IN NO EVENT WILL Union Plus Voice BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF Union Plus Voice OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 9-1-1 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.

By way of example, and not limitation, Union Plus Voice 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:

a.act or omission of an underlying carrier, service provider, vendor or other third party;

b.equipment, network or facility failure;

c.equipment, network or facility upgrade or modification;

d.Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;

e.equipment, network or facility shortage;

f.equipment or facility relocation;

g.service, equipment, network or facility failure caused by the loss of power to you;

h.outage of your ISP or broadband service provider;

i.your act or omission or that of any other person using the Service provided to you; or

j.any other cause that is beyond Union Plus Voice control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.

Union Plus Voice ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPNESE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO Union Plus Voice BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of Union Plus Voice and Union Plus Voice is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. Union Plus Voice is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Union Plus Voice.

Union Plus Voice cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Services, Software and Website, and your use of the Internet.

You agree to indemnify, defend and hold harmless Union Plus Voice, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers of or to the Services, Software or Website (the "Indemnified Parties"), from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by Union Plus Voice, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

You agree that Union Plus Voice, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. Union Plus Voice may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of the Service, Software or Website may be effected without prior notice. Further, you agree that Union Plus Voice shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of Union Plus Voice contemplated by this paragraph.

The export and re-export of the Service, Software and Website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service, Software and Website to any destination requiring such a license. In addition, the Materials may not be exported or re-exported (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By activating the Service, downloading or using the Software or using the Website, you are certifying that you are not a national of one of these countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

These Terms of Use shall be governed and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws rules. In any legal action or proceeding between you and Union Plus Voice concerning or arising out of these Terms of Use, you agree to submit to exclusive jurisdiction of the federal and state courts having jurisdiction over New York City, New York and you expressly waive all defenses to lack of jurisdiction. Any cause of action or claim you may have with respect to the Service, Software or Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. Union Plus Voice 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 not trade practice shall act to modify any provision of these Terms of Use. Union Plus Voice may assign its rights and duties under these Terms of Use to any party at any time without notice to you.