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XLVOX Terms and Conditions

This is an agreement ("Agreement") between XLVOX Inc. ("we," "us" or "XLVOX") and the user ("you," "user", "Customer") of XLVOX's residential and small business internet telephone services ("Service") and any related products or services ("Service").

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. EMERGENCY SERVICES- 911 DIALING

1.1 Non-Availability of Traditional 911 or E911 Dialing Service.
The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as "911 Dialing" which is a limited emergency calling service available only on XLVOX-certified Devices or Equipment. The 911 Dialing feature cannot be used in conjunction with a XLVOX Soft Phone or Virtual Numbers. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each XLVOX phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under "Features," and below. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the XLVOX 911 Dialing feature as compared with traditional 911 or E911 dialing.

1.2 Registration of Physical Location Required.
For each phone number that you use for the Service, you must register with XLVOX the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the "911" registration link on your XLVOX web account page. For purposes of the 911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.

1.3 Confirmation of Activation Required.
Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.

1.4 How Emergency Personnel are Contacted.
We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.

1.5 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.

(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.

(c) Service Outage Due to Suspension or Termination of Your XLVOX Account.Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.

(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that XLVOX is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.

(e) Service Outages Due to any failures that may arise from the facilities or equipment used by XLVOX or other telecommunications service providers with whom XLVOX is interconnected ("other providers"). This includes any acts, mistakes, omissions, interruptions, delays, errors, defects or misrouting of communication by XLVOX or other providers. Such outages may affect or prevent all Service, including 911 Dialing, from functioning.

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3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

3.1 Billing
When the service is activated, you must provide us with a valid email address and a credit card number from a card issuer that we accept. We reserve the right to stop accepting credit cards from one or more issuers. If your credit card expires, you close your account, your billing address changes, or your credit card is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit? card, including but not limited to:
activation fees;
monthly Service fees
international usage charges;
advanced feature charges;
equipment purchases;
termination fees; and
shipping and handling charges.
The amount of such fees and charges shall be published on our website and may change from time to time. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50. ?Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website.

3.2 Billing Disputes
You must notify XLVOX in writing within 7 days after receiving your credit card statement if you dispute any XLVOX charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following:

By Mail:

XLVOX Billing Department
42-2601 Matheson Blvd. E
Mississauga, ON
L4W 5A8 Canada

or

By E-Mail:
billing@XLVOX.com

3.3 Payment
XLVOX accepts payments only by credit card as set forth in Section 4.1. Your subscription to the Service authorizes us to charge your credit card. This authorization will remain valid until 30 days after XLVOX receives your written notice terminating XLVOX's authority to charge your credit card, whereupon we will charge your credit card the termination fee, if applicable, and any other outstanding charges and terminate the Service. XLVOX may terminate your Service at any time in its sole discretion, if any charge to your credit card is declined or reversed, your credit card expires and you have not provided us 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 XLVOX for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by XLVOX in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.

3.4 Termination/Discontinuance of Service
XLVOX reserves the right to suspend or discontinue providing the Service at any time in its sole discretion. If XLVOX terminates the Service without 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 because you have violated the terms of this Agreement, you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus any charges related to the Device, all of which will immediately become due and payable

3.5 Taxes
You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized 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.

3.6 Termination Fee (Applies only to Residential and Business Plan Customers).
You will be charged a termination fee of $49.99 per voice line if your Service is terminated for any reason during the first twelve months following the activation of your Service

3.7 30 Day Money Back Guarantee
If customer cancels service within 30 days of activation, XLVOX will provide a full refund to customers upon request. The money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund the activation fee, the monthly charge for the first month of Service, shipping charges and the termination fee provided that:
a) you have not exceeded 125 overseas long distance minutes or 250 total (local + long distance) minutes of usage;
b) you cancel your Service within the applicable period;
c) you return the Device to us in original condition, normal wear and tear excluded, within 14 days after the cancellation of your Service;
d) the Device is returned in the original packaging with the UPC or bar code intact and is accompanied by all components, accessories, parts, manuals, registration cards and other documentation; and
e) prior to returning the Device to us, you obtain a valid return cancellation number from http://www.XLVOX.com/cancel

We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.

3.8 Cancellation
Customer can cancel Service by sending an email to billing@xlvox.com and returning all rented devices to us within fourteen (14) days. Cancellations are not deemed completed and service charges will continue to apply until we have received the rented devices.

3.9 Return of Device
Device must be returned to XLVOX within fourteen (14) days of cancellation to the following address:

435 Chieftan Circle
Mississauga, ON
L4Z 3A8 Canada

Device must be returned in the original packaging and in original working condition. It must include all components, manuals and registration card(s). If Device is lost or is returned incomplete or damaged, replacement charges will apply as follows:
Phone adapter - $100
Power plug - $30
Ethernet cable - $10
Power plug clip - $5

You are solely responsible for the cost and risk of return shipping of Device to us.

3.10 Charges for Directory Calls (411).
You will be charged $1.25 for each call you made to XLVOX directory assistance.

4. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

4.1 Limitation of Liability
XLVOX shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

1) act or omission of an underlying carrier, service provider, vendor or other third party;
2) equipment, network or facility failure;
3) equipment, network or facility upgrade or modification;
4) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5) equipment, network or facility shortage;
6) equipment or facility relocation;
7) service, equipment, network or facility failure caused by the loss of power to Customer;
8) outage of Customer's ISP or broadband service provider;
9) act or omission of Customer or any person using the Service or Device provided to Customer; or
10) any other cause that is beyond XLVOX's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, , or degradation of voice quality.

XLVOX's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to XLVOX's performance or nonperformance hereunder or (iii) any XLVOX act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

4.2 Disclaimer of Damages
IN NO EVENT SHALL XLVOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT XLVOX WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless XLVOX, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.
4.4 No Warranties on Service
XLVOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE 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 SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, XLVOX DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER XLVOX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO XLVOX'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF XLVOX'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY XLVOX OR XLVOX'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

4.5 No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from XLVOX and the Device included a limited warranty at the time of purchase, Customer 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 Customer's Device did not include a limited warranty from XLVOX at the time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect, except that for Retail Customers only, XLVOX will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. Retail Customer's sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 1.8. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. This Retail Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, XLVOX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
4.6 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

4.7 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. XLVOX reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if XLVOX determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with XLVOX's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. XLVOX's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold XLVOX against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
5. GOVERNING LAW / RESOLUTION OF DISPUTES

5.1 Mandatory Arbitration
Any dispute or claim between Customer and XLVOX arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by a arbitration organization of XLVOX's choosing. The arbitration shall take place in Toronto, ON, Canada 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 Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
5.2 Governing Law
The Agreement and the relationship between you and XLVOX shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein 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 XLVOX agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
5.3 Entire Agreement
This Agreement and the rates for Services found on XLVOX's website constitute the entire agreement between you and XLVOX and govern your use of the Service, superseding any prior agreements between you and XLVOX 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 XLVOX unless and until posted in accordance with Section 3 hereof.

5.4 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. PRIVACY

XLVOX Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. XLVOX is not liable for any lack of privacy which may be experienced with regard to the Service.
7. CHANGES TO THIS AGREEMENT
XLVOX may change the terms and conditions of this Agreement at any time. Such changes will become effective and binding once posted on to the "Terms & Conditions" section of XLVOX's website at http://www.XLVOX.com and no further notice by XLVOX is required.
Last Updated: April 20, 2007.

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