As required by the Federal Communication Commission, the Company provides a means by which it may be possible for the Customer to access the Customer’s local emergency services by dialing "911" (the "911 Service"). Set forth below are these 911 Service Terms of Service that govern the provision of the 911 Service. These 911 Service Terms are in addition to the Terms of Service and are not in lieu thereof. In the event of a conflict, these 911 Service Terms will prevail.

By clicking on the "I Agree To The Terms of Service" and the "Confirm Order" buttons during the Sign Up process, and by continuing to use the Service and the 911 Service after a change or modification by the Company of these 911 Terms of Service, the Customer represents and warrants to the Company that the Customer has read these 911 Service Terms along with the Terms of Service (as they may be modified from time to time) and the Customer has determined that the Service and the 911 Service are suitable to the Customer’s needs. If the 911 Service and the Service is not so suitable, then the Customer should not use the Service or the 911 Service.

General: How 911 Service Works. When using voip telephone services to make an emergency 911 call, the Service does not work like regular landline 911 services. When the user makes a 911 call, without the use of the 911 Service the emergency operator has no way of knowing the caller’s location or the number from which the call was made. In an attempt to facilitate this information, the Company has contracted with a third-party to provide the Company and its subscribers with the 911 Service. The 911 Service is simply a database that matches the Customer’s telephone number with the address provided by the Customer (the "Registered Location"). Assuming the Registered Location is accurate and kept current by the Customer, if a 911 call is made from a location within the geographic serving area of a Public Safety Answering Point ("PSAP"), the 911 Service attempts to forward the address of the Registered Location to the PSAP. If the Customer fails to keep the address of the Registered Location current and accurate, then the PSAP will direct emergency services to the wrong address. In addition, not all PSAP’s have the means to accept the information regarding the Registered Location.

Alternate Means of Making 911 Calls. The Customer is directed that the 911 service is unreliable and may not work if and when needed. The service should not be the primary means of the Customer or other users to make 911 calls and the Customer should inform all household residents, guests, and other third parties who may be present at the physical location where you use the 911 Service, of the limitations of the 911 Service.

911 Address-Registered Location. The Customer’s Registered Location is the address where emergency services will be directed (if the applicable PSAP accepts the information), regardless of the caller’s actual location when making the 911 call. The 911 Service cannot determine the caller’s actual location or address, which is why it is critical that the Customer keep current the Registered Location or the 911 System will not work properly. Any 911 calls made by a Customer that has an unregistered 911 address will be subject to a $100 per call penalty fee, even if you made the call inadvertently by misdialing.

Effect of Moving the Equipment. If the Customer moves the Equipment to another location, then it is the duty and obligation of the Customer to update and correct the address of the Registered Location for each telephone line that is moved. If the Customer does not keep the information for the Registered Location accurate and current, the PSAP will not be able to accurately direct emergency services to the correct location.

No Verification of Registered Location Address. The Company will not automatically update or verify any addresses provided by Customer, it is the Customer’s responsibility to maintain the accuracy of the Registered Location. The Company will not verify that the Customer’s PSAP will accept the Registered Location information.

Method for Customer to Verify or Change Address of Registered Location. If at any time after the Sign-Up process is completed the Customer discovers the Registered Location information is inaccurate or if the Customer moves the Equipment, then the Customer must correct this information: the Company will not correct this information. The Customer may verify or register a new Registered Location for this account’s main number covered by the Service by: (1) The Customer may use the website, www.IamVoip.com, after logging in and going to Features and selecting E911 Settings. and following the instructions; or, (2) the Customer can contact Customer Support at the number listed on the website. Any updated information for the Registered Location may take 24 hours to be updated in the database of information provided to the PSAP’s. Accordingly, any 911 calls made within this time after updating the information will result in inaccurate information being transmitted to the PSAP. While the Customer may maintain several possible addresses where the Customer may frequent, from time to time, only one address for the Registered Location can be active at any time.

Customer Registered Location Must be within Geographic Calling Area of PSAP or 911 Service Will Not Be Available. In order for the Customer to expect emergency services to be available when needed, the Customer’s Registered Location must be within the geographic calling area of a PSAP. The Company does not provide PSAP’s or PSAP information- nor does the Company determine the correct PSAP. The Company will not notify the Customer whether or not the Customer resides within the geographic area of a PSAP and it is the Customer’s obligation to verify whether or not a PSAP will be available in the event of an emergency.

PSAP May Not Accept Enhanced 911 Information About Registered Location. Although the Customer may provide information about the Registered Location, it is up to each PSAP to accept and process the information and the Company has no control over what each PSAP does or does not do with the information. Accordingly, the Customer’s PSAP may or may not have the ability to know the Registered Location information and if the Customer lives in an area where the Customer’s PSAP does not accept or process this information, the emergency services personnel will not know the Customer’s location and may not be able to dispatch emergency services unless the Customer provides the information verbally.

911 Service Available Only in Continental United States. If the Customer’s Registered Location is not within the continental United States, the 911 Service will not operate and the Customer must determine an alternate method for obtaining emergency services in that locale.

911 Service Needs to be Tested by Customer. The Company has no means for determining whether or not the 911 Service actually works for the Customer’s Equipment or Registered Location. Therefore, it is the obligation of the Customer to (i) verify that the correct PSAP has been determined for the Registered Location; (ii) test the 911 Service from time to time; and (iii) re-test the PSAP and that 911 Service is working upon each change of information for the Registered Location. The Customer should call the non-emergency telephone number for the Customer’s local emergency service provider and request information for means of testing a 911 call to that provider.

911 Service Is Not Reliable. 911 Service is complex and dependent upon numerous conditions being satisfied. Accordingly, the 911 Service is prone to failure, especially if any of the following conditions occur:

Power Outage. If the electricity is interrupted for any reason, the 911 Service will not function.

Broadband or Internet Connection Lost. If the Customer’s cable, DSL or other broadband service is interrupted for any reason, the 911 Service will not function.

Suspension or Termination of Customer’s Service. If the Service malfunctions or is disabled, terminated or suspended for any reason, whether permitted by these Terms of Service or not, the 911 Service will not function.

Blocked Ports. If the Customer’s broadband or internet service provider (or any other third-party) intentionally or accidentally blocks certain ports, the 911 Service will not function. Upon restoration of the blocked ports, it may be necessary for the Customer to reset or reconfigure some or all of the Equipment, including other Customer provided equipment, e.g., router. The Customer acknowledges that the Company is not responsible for the blocking of ports by the Customer’s broadband or internet service provider or any other party.

Network Congestion or Slow Service. Since the Service is dependent on the Customer provided internet or broadband service, if that service is slow or congested for any reason, the Service will not work or may become unusable, in which case the 911 Service will not work. Other Loss of Service. If the Service does not work for any reason whatsoever, the 911 Service will not work.

PSAP Won’t Accept or Process Information.If the Customer’s PSAP doesn’t accept or process data regarding the Registered Location, then the emergency personnel may not know the Customer’s location unless the Customer verbally provides that information.

Restoration of Service After Outage. Upon restoration of the Service after a power outage, internet service or broadband outage or any number of Service or other interruptions, some of which are described above, it may be necessary for the Customer to reset or reconfigure some or all of the Equipment, including other Customer provided equipment, e.g., router. It is the Customer’s responsibility to verify that the Service is functioning after each such interruption or outage.

Company Does Not Verify or Determine if Service is Functioning. The Company will not verify that the Service is functioning at any time and it is the Customer’s obligation to determine whether or not the Service is functioning. If the Service does not function, the 911 Service will not function.

Change of Equipment, Phone Number, Port or other Change of Configuration.If there is a change in the phone number, port, equipment or change of any other information upon which is necessary for the Service to function, it is the Customer’s obligation to re-activate the Service after each such change. In order to add a new telephone number the Customer must go through a new Sign-Up process and provide an initial address for the new phone number’s Registered Location. The Registered Location assigned by Customer to another line will not be automatically assigned to any new line or any other lines.

Failure to Automatically Identify Customer Information. In some cases, the 911 Service may not be able to automatically provide emergency personnel with the Customer’s telephone number, address of the Registered Location or other information that may be necessary to provide emergency services. This limitation may be caused by the local telephone Company or other network provider is not being configured to provide or pass-on such information. As a result, the operator answering the 911 Service call may not be able to automatically obtain the Customer’s telephone number or address and in such case if the call is disconnected or if the Customer is unable to provide that information to the operator, then emergency services may not be dispatched to the proper location.

Customer Must Provide 911 Operator with Customer Information. The 911 Service may not automatically provide the PSAP with the Customer’s telephone number, name or address and the Customer must assume that the 911 operator does not have that information and it must be provided orally by the Customer. The Customer will need to clearly state the nature of Customer’s emergency and also provide the Customer’s telephone number and the address where the emergency is located, the 911 operator may not automatically have this information. In the event the call is dropped, disconnected or forwarded, the emergency personnel will not be able to find Customer location unless the Customer provides this information.

Customer Unable to Speak: 911 May Not Be Able to Respond. If for any reason the Customer is unable to talk or otherwise provide the 911 operator with the Customer’s address, phone number or other relevant information, the 911 operator may not be able to direct emergency services to the Customer’s location.

Notice of Outsourcing of 911 Service. Since the routing and provision of 911 calls throughout the United States is an important function that is extremely complex and based on many standards, protocols and rules regulations of numerous government agencies, the Company has elected to engage the services of 911 Enable to provide the 911 Service to our Customers. All 911 calls and updated information relating to the Registered Location is automatically routed to 911 Enable by the Company, who in turn attempts to route the call and registered information to the correct PSAP. The Company does not have any input or control over this information or process.

Disclaimer of liability and indemnification. Due to the fact that the Company has engaged the services of 911 Enable to provide the 911 service, the Company has no control over whether, or the manner in which, calls using the 911 service are answered or addressed by any PSAP or any other party. The Company hereby disclaims any and all responsibility for the conduct, actions, inactions or negligence of 911 Enable, the PSAP’s and/or any local police, fire or other emergency response services. The Company disclaims any and all liability for the accuracy or inaccuracy of any data that is entered by the Customer, that is transmitted to 911 Enable, the PSAP or any other party which may result in an error or delay in providing emergency services to the Customer or others. Customer acknowledges and understands that the Company will not be liable or responsible for any delay or service outage and/or inability to dial 911 using the 911 service or to access emergency service personnel due to the characteristics and limitation of 911 service set forth in this document or otherwise. The Customer agrees to defend, indemnify, and hold harmless the Company, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to the Customer in connection with the service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, the Customer or any third party user of the service relating to the failure or outage of the service, including those related to 911 service. The Customer acknowledges that the Company directs the Customer to always have an alternative means of accessing emergency service and that the 911 service should be not be the Customer’s only or primary means of accessing emergency service. This disclaimer provision supplements the general disclaimer and indemnification provisions found below and is not in lieu of those provisions.

Customer’s Account Information. The Account Information is provided by the Customer during the Sign-Up process and may be later updated by the Customer by logging into the Customer’s account and going to "My Account ". The Customer is responsible for safekeeping of the Customer’s login name, password and other information. The Customer is solely responsible for all information entered into and set forth in My Account, even if unauthorized persons provided such information. The Customer must notify the Company immediately if the Customer has reason to know or believes that the Customer’s Account Information, login or password has been compromised or accessed by unauthorized persons.

Term. The Service is offered on a monthly basis, for most plans, for a term that begins on the subscription date, which is the date you first ordered service, and ends on the day before the same date in the following month. It is not the day you receive the equipment or the first time you use the service. Subsequent terms automatically renew on a monthly basis without further action from you unless you give IamVoip written notice on 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 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 but not limited to unbilled charges which become immediately due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

Residential Service Plans. If you have subscribed to the Companies Residential Services, the Service is provided to you as a single usage (user) residential plan, for your own personal, residential, non-business, and non-professional use. You are expressly prohibited from using the Service for any commercial activities, profit and/or non-profit activities, including but not limited to home office, business, sales, tele-commuting, autodialing, telemarketing, included but not limited to charitable or political solicitation or polling, continuous or extensive call forwarding, call relaying, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. If the Company determines that a Residential Service is being used for any commercial or other non-residential use, then the Company may, in its sole discretion charge a $100 administration fee together with any the following remedies: (i) terminate the Service; (ii) determine that the Customer did not qualify for Residential Services and upgrade the Customer to an appropriate plan based on the Customer’s use and retroactively adjust the amounts the Customer was charged to reflect the revised plan; and/or (iii) maintain the Residential Service Plan but additionally charge the Customer’s excessive usage based on then current rates charged by the Company. The Company may make such determination based on the Customer’s usage patterns and other criteria determined by the Company to differentiate between residential use and commercial or other non-residential use and the Customer shall pay the charges for the new business plan, even if the Customer did not have access to the full feature set of said plan. Without limiting the foregoing, any monthly usage that is more than three times (3x) the average monthly usage of an IamVoip Customer shall be considered to be commercial or other non-residential use subject to the terms of this provision.

Business Service Plans. Business Service is provided to small business users who use the Service for commercial purposes. You agree that the IamVoip Soho and Soho+ plans or any other business plans does not confer the right to use the Service for autodialing, call center activities, continuous or extensive call forwarding, call relaying, telemarketing, fax broadcasting or fax blasting and that you may not use the Service for these purposes.

Toll Free Numbers IamVoip Soho and Soho+ business plans include Toll Free Numbers, incoming calls to these numbers are billed at a rate of 4.9¢ per minute. If you are a registered agent with IamVoip 180 incoming minute will be included with the Express package and 360 inbound minutes will be included with the Executive package, all additional minutes will be billed at 4.9¢ per minute.

SoftPhone Service Plans SoftPhone Service is provided for end users and cannot be resold or transferred to any third party. SoftPhone Service Plans include outbound service only unless a separate upgrade to accept inbound calls is purchased.

Billing. The Company’s fees and charges are set forth in the applicable plan information. The Company may change the Company’s fees and charges from time to time, as described above. The Customer will be billed for Services, Equipment costs (including shipping), installation fees, taxes and other reoccurring charges, in advance, however usage charges, and any other charges may be billed in arrears, as the Company shall determine.

Statement of Charges. The Company will post all its charges to the Customer’s account maintained on the Company’s website. No email or other notification will be sent to the Customer. It is the Customer’s duty and responsibility to review the Customer’s account from time to time and to verify that all charges to the Customer’s account are accurate and correct. The Customer agrees that all charges are due upon posting to the Customer’s account. Usage charges are billed in increments that are rounded up to the nearest minute, unless indicated otherwise.

Payment. You must provide a valid credit card when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced due to loss or theft, you must advise the Company at once by changing your credit card information in your account portal. We will bill all charges monthly to your credit card, including but not limited to: activation fees, monthly Service fees, surcharges, applicable taxes, international usage charges, advanced feature charges, equipment charges and shipping and handling charges. The Company reserves the right to bill more frequently if the amount due at any time exceeds the amount of your monthly Service charge. You authorize the Company to charge all amounts due to the Company as stated in the Agreement on the credit card account number on file with the Company, or any other credit card provided by the Customer if the original card expires or is replaced. This authorization will remain in effect for 30 days after the Company has received your written notice terminating the Companies authority to charge your card. The Company may terminate your Service at any time , in its sole discretion, if any charge to your credit card on file with the Company is declined or reversed, if your credit card expires and you have not provide the Company with a new valid and approved credit card, or in case of any other nonpayment of account charges.

Termination of service for a declined or expired credit card, reversed charges or non-payment leave you fully liable to the Company for all charges accrued before termination and for costs incurred by the Company to collect all monies owed by Customer, including but not limited to collection cost and attorney’s fees.

Late Payment Charges. If charges cannot be processed through your credit card or charges to your bank account results in an NSF or Non Sufficient Funds, you will be charged an additional $25.00. If the state law where you receive the Service requires a different fee, we will charge that amount. Interest charges may be charged on any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by state law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked “Paid in Full” or with any other restrictions) does not waive our right to collect the full amount of your charges for the Service.

Taxes. The Customer is responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, access fees or other fees or charges now in force or enacted in the future, that arise from or as a result of, the Service or Equipment (collectively, "Taxes"). Taxes are in addition to charges for Services and Taxes are due for any period of time while the Term is or was in effect, even if the Company fails to accurately or correctly bill the Customer. If Customer is exempt from payment of such taxes, it will provide the Company with an original government issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date the Company receives such certificate.

Billing Disputes. You must notify the Company in writing within 14 days after your bill is generated if you dispute any charges by the Company. If you do not dispute the charges within 14 days, you waive any right to contest the charges.

FOR BILLING DISPUTES ONLY:(for equipment return, see below)
IamVoip Customer Billing Department
15332 Antioch Street, Ste 187
Pacific Palisades, CA 90272
support@iamvoip.com

Billing Increments. All usage charges are in full minute increments. Partial minutes will be rounded up to the next full minute, unless otherwise stated in the Plan Information.

Service Interruption. You acknowledge and agree that credit allowances for interruption of the Service will not be provided.

Terms of Money Back Guarantee. The Company offers a 30-day money back guarantee from the date the Service was purchased, if the Customer satisfies all of the following conditions:

Notice must be received by the Company within 30 days from the date the Service is purchased, either by e-mail or written notice (notice must contain Customer number and all of the Customer’s information).

The Customer has not exceeded 250 minutes of in-plan usage, if you exceed 250 minutes of in-plan usage, you will be charged for one month’s service fee for your plan. All Equipment originally purchased from the Company must be returned in its original condition, without scratches, dents or other damage, normal wear and tear excluded. The Company must receive the returned Equipment within 7 days of cancellation of the Service. The Customer is urged to send the returned Equipment by a shipping means that is insured and provides a tracking number; and, Equipment is returned in its original packaging along with all cables, wires, transformers, manuals, warranty cards and all other original components. The equipment must be returned to:

IamVoip, Inc.
1850 Crown Drive, Suite 1112
Dallas, TX 75234
You have not previously exercised the Companies 30-day money back guarantee and obtained a refund from the Company as a result of any other Company account.
Prior to returning the equipment to us, you must obtain a valid return authorization number from our Customer support department The Customer has complied with these Terms of Service.

The following are not covered by the 30 day guarantee, cannot be refunded and must be paid by the Customer: (i) Federal excise taxes, sales taxes and any other applicable taxes; (ii) minutes for any international usage (outside the continental U.S.), (iii) charges made to the Customer’s telephone number for services such as "976" or "10-10" numbers or similar pay per call services; (iv) accepting charges for payphone calls or "reverse charge" calls; (v) directory assistance; or (vi) any other charges whatsoever that are attributable to the Customer’s phone number and not part of the terms of the guarantee. A $20 processing fee will be deducted from any refund for Service with ported numbers.
The Company reserves the right to revoke or terminate or modify the money back guarantee at any time and without notice.

Fair Use Policy. You acknowledge that the Company offers both Residential and Commercial/Small Business plans. You agree that the Companies Residential plans are not to be used in conjunction with regular, consistent activity that could be considered commercial or for-profit in nature. You agree that all usage is subject to audit and review by the Company. A single account shall not be used for purposes inconsistent with regular residential usage patterns as defined by the Company. The Company will be the sole and final arbitrator in regards to decisions related to what constitutes acceptable average use of service.

Termination. The Company reserves the right to terminate or discontinue the Service at any time, in the Company’s sole and absolute discretion. If the Company discontinues or terminates the Service without fault of the Customer, the Customer will only be responsible for usage charges accrued while the Service was in effect and the Customer will be entitled to a credit for the unused portion of the final month’s charges. If your Service is terminated or suspended for any stated reason, including but not limited to, violation of any terms of this agreement, or because of 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 the Company or of a third party provider to which the Company is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.

Suspension of Service. The Company reserves the right to suspend the Service, in whole or in part, including any features, at any time in the Company’s sole and absolute discretion. If the Company determines that the suspension of the Service is without fault of the Customer, then the Customer may request a credit of the monthly charges for each day the Service was not in effect except for unlimited use plans.

Equipment. The Customer may be required to use certain equipment to use the Service and all of its features, including modems, telephones, caller ID sets and other equipment (collectively, the "Equipment"). These Terms of Service govern the use and functionality of all Equipment when used in connection with the Service. Except as set forth in these Terms of Service, the Company is not responsible for providing or repairing or replacing any Equipment, unless agreed otherwise by the Company in writing. The Customer must seek repairs or replacement in accordance with manufacturer’s warranties, if any. The voip phone adapter, provided by IamVoip, includes a one (1) year limited warranty. If the provided phone adapter malfunctions within one (1) year of shipment, IamVoip will send to the Customer a new router under the following guidelines: (1) Customer will be charged $70 for a replacement phone adapter. (2) Customer will return the inoperative phone adapter to IamVoip. (3) IamVoip will inspect the phone adapter. (4) Customer will be refunded the replacement adapter charge should the inspection determine the malfunction was not caused by breakage, misuse, or negligence. After the one (1) year warranty period, Customer will not receive a refund of the replacement charge.

Labels on Equipment. At all times while this Agreement is in effect or when using the Service, the Customer must display all warning or other notification labels on the Equipment or telephones, as directed by the Company.

Use of Service and Equipment Outside the United States. The Service is intended for use in the United States. If you remove the Adapter to a country other than the United States, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. Use of the Service is expressly prohibited wherever its use violates local laws and you are personally liable for any such violations. If you remove the Adapter to a country other than the United States any and all warranties for the device are voided.

License to the Customer. The Company hereby grants the Customer a non-exclusive license to the IP for the sole purpose of the Customer’s use of the Service, and for no other purpose (the "License"). "IP" means any software, firmware or other intellectual property that is provided by the Company or used by the Customer in connection with the Service, whether provided along with the Equipment, is in the Equipment, is located on the Company’s website for viewing or download, along with all documentation, manuals, guides or other information or materials used in connection with the Services. All Licenses of the IP is the sole and exclusive property of the Company. The License is valid only during the Term and will automatically terminate upon the expiration or termination or discontinuance of the Service for any reason. The Customer acknowledges and agrees that the IP is the sole and exclusive property of the Company and that nothing herein conveys any interest in the IP to the Customer, except the foregoing grant of the License. This paragraph shall survive expiration or termination of the Agreement.

Usage of Equipment. The Customer may use the Equipment only in connection with the Service and as permitted in this Agreement. Any other use of the Equipment is strictly prohibited and may result in immediate termination of the Service and required payment of termination fees and all other charges then due, plus any damages incurred by the Company as a result thereof. The Customer may not use the Equipment with any other devices or other equipment not provided by the Company. The Customer agrees: (i) the Equipment or any IP provided in connection with the Service may not be transferred to another party, (ii) the Customer will not reverse engineer, translate, decompile, or disassemble any IP provided with the Service, and (iii) the Customer agrees that no provider of IP or any software used by the Customer in connection with the Service will have any liability to the Customer. The Customer may not reverse engineer, reverse compile, disassemble or otherwise attempt to derive the source code from the binary code of the Equipment’s firmware or software.

Ownership of Equipment. For most service plans you will own your device and bear all the risk of loss, theft, or damage. The risk is from the time we ship your device to you.

If you choose the Residential Service Plan with no equipment purchase, the equipment provided to you may be used or reconditioned to perfect working order. The equipment belongs to IamVoip and must be returned when service is cancelled. An early termination fee of $100 will apply after first month of service; this fee will be reduced by $10 each month after the second month. There is no cancellation fee after one-year of service. The equipment belongs to IamVoip and must be returned when service is cancelled. The Customer is urged to send the returned Equipment by a shipping means that is insured and provides a tracking number; and, Equipment is returned in its original packaging along with all cables, wires, transformers, manuals and all other original components. The equipment must be returned to:

IamVoip, Inc.
1850 Crown Drive, Suite 1112
Dallas, TX 75234

Prior to returning the equipment to us, you must obtain a valid return authorization number from our Customer support department.

Number Transfer on Service Termination. Single line Accounts. You may be able to transfer your current number to another service provider. If you ask your new service provider to port or transfer a number from us, and we receive your request from the new service provider, we will automatically terminate your service for that number upon successful completion of the port. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees if applicable. If a port is unsuccessful for any reason, your service and your agreement with us will not terminate, you will remain an IamVoip Customer, and you will continue to be responsible for all charges and fees associated with your service. Multiple line Accounts. If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices such as SoftPhone on your account, you are required to inform us of your intent to terminate all services on your account prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your account and you will continue to be responsible for all charges and fees associated with the remaining services on your account. Once the port of the requested numbers is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fess if applicable.

Trademarks and Service Marks. The Customer acknowledges and agrees that the Marks are the sole and exclusive property of the Company and that nothing herein conveys any interest in the Marks to the Customer and the Customer may not use or display the Marks. The License does not include the right to use Marks. "Marks" shall mean all or any of the Company’s trade name, logo, trademark, trade device, service mark, symbol, code or specification or any abbreviation, contraction, or simulation thereof. This Agreement is not a trademark or service mark license and does not create a franchise. This paragraph shall survive expiration or termination of the Agreement.

Prohibited Use of Service. You agree not to use the Service for any unlawful purpose, including for example, using the Service in any way that (i) interferes with our ability to provide Service to you or other Customers, or (ii) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (i) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law, or (ii) encourage conduct that would constitute criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. IamVoip reserves the right to terminate the Service immediately and without advance notice if IamVoip, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including but not limited to unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless IamVoip against any and all liability for any such use. If IamVoip, in its sole discretion believes that you have violated the above restrictions, IamVoip may forward the objectionable material, as well as your communications with IamVoip and your personally identifiable information to the appropriate authorities for investigation and prosecutions, and by using the Service you thereby consent to such forwarding.

Subpoenas and other Legal Requests for Information. The Company will provide information and respond to law enforcement requests, subpoenas, court orders, and the like, for any purpose the Company determines is appropriate in its sole discretion, including to protect the Company, the Company’s rights and/or property and in the case where failure to disclose the information may lead to personal injury or loss of property of the Customer or others.

Inappropriate Conduct. The Customer shall not use the Service or the Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior.

Tampering, Circumvention and Theft of Service. The Customer may not change the electronic serial number, "machine access control address" or equipment identifier of the Equipment. The Customer may not perform a factory reset of the Equipment without express permission from the Company in each instance which the Company may grant or deny in its sole discretion or unless instructed to do so by the Company. The Customer shall not attempt to hack, break-in, circumvent the Customer’s billing, tracking or other systems, or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. The Company may immediately terminate the Service without notice if the Company believes, in its sole and absolute discretion, that the Customer has tampered with the Equipment or the Service or otherwise breached the terms of this paragraph. In the event of such termination, the Customer will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable.

Loss, Damage, Theft or Misuse of Equipment. The Customer shall immediately notify the Company in writing if the Equipment is stolen, damaged or is being fraudulently used or otherwise being used in an unauthorized manner. When the Customer notifies the Company, the Customer must provide the account number and a detailed description of the circumstances of the Equipment theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of the Service and additional charges to the Customer. The Customer is responsible for all monthly charges and usage charges until the Customer notifies the Company of theft or fraudulent use of the Equipment or the Service.

Service Is Not Telecommunications. You acknowledge and understand that the Service is not a telephone or telecommunications service. Important distinctions exist between telephone service and the Service offering by the Company. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect the Customer’s remedies.

No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not provide operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls) or other features that are initiated using the "0" key. In addition, the Service may or may not support 311, 511 and/or other x11 services in one or more (or all) service areas. 911 Services are limited, as described above.

Calls from Payphones. You agree that calls to an IamVoip Toll-Free number from a payphone will incur a US $0.45 per call charge in addition to any applicable per minute fees.

Directory Assistance. You agree that calls to directory assistance will incur a US $1.00 per call charge.

No Directory Listing. Telephone numbers assigned to the Customer by the Company will not be listed in any telephone directories nor may not be listed in a reverse directory. If the Customer transfers a number from another telephone Company, then that telephone number may or may not be listed in the previous telephone directory.

Service Not Suitable for Security Systems or Other Critical Uses. It is the Customer’s duty to determine whether or not the Service is interoperable with any security systems, medical alert or other critical systems connected to it. The Company does not recommend use of the Service for security or other critical systems and the Company strongly recommends that the Customer maintain a "land-line" for use with any other equipment that is used with security systems because the Service may fail and cause loss of property or bodily injury when used in connection with a security system. If the Customer should determine that the Service will be used with such systems, then the Customer assumes all risk of loss if the Service should fail to perform at any time, the Customer explicitly accepts the Service in its "as-is" condition, with no representations or warranties by the Company of any kind that the Service is suitable for any particular purpose.

Incompatibility with Certain Broadband and Cable Modem Services. The Company cannot determine if the Service is compatible with the Customer’s broadband service provider’s equipment. Even if the Service should work with such broadband systems, the Company cannot guarantee that the Service will continue to be compatible, due to the fact that broadband providers may change or upgrade their equipment from time to time. The Company does not warrant that the Services will be compatible with all or any broadband services and expressly disclaim any expressed or implied warranties regarding the compatibility of the Service with any particular broadband service.

Softphone Limitations. Softphone Service is not compatible with 911 or E911 services. Softphone Service is not subject to number portability services.

No warranties. You agree that the Service is provided “as-is”. The Company makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data or information. Neither IamVoip nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the Customer for our service will be liable for unauthorized access to our or your 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, devices or any other method, regardless of whether such damage occurs as a result of IamVoip or its service provider’s or vendor’s negligence.

Specific Disclaimer of Liability for Emergency Services. You acknowledge and understand that the Company will not be liable for any Service outage and/or inability to dial 911 using the Service or to access emergency service personnel due to the characteristics and limitation of the Service as set forth in this Agreement. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, 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 Service relating to the failure or outage of the Service, including those related to the 911 service.

In addition, the Company does not have any control over whether, or the manner in which, calls using the 911 SERVICE are answered or addressed by any local emergency response center. The Company disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. The Company relies on third parties to assist us in routing 911 SERVICE calls to local emergency response centers and to a national emergency calling center. The Company disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither the Company nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 SERVICE unless such claims or causes of action arose from the Companies gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless the Company, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 SERVICE, incorrectly routed 911 SERVICE calls, and/or the inability of any user of the Service to be able to use 911 SERVICE or access emergency service personnel.

Furthermore, you acknowledge the Company does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 SERVICE, the Company strongly recommends that you always have an alternative means of accessing emergency service.

All at Customer’s Own Risk. The Customer acknowledges and agrees that the entire risk arising out of the use or performance of the Company Software remains with the Customer, to the maximum extent permitted by law.

Jurisdiction’s Limitations. Some jurisdictions do not allow some of the exclusions or limitations as set forth in this Agreement, so some of these exclusions may not apply.

Limitation of 911 Service Liability. The Company will not be liable for any delay or failure to provide the Service, including 911 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:
An act or omission of an underlying carrier, service provider, vendor or other third party;
Equipment or other equipment, network or facility failure;
Equipment, other equipment, network or facility upgrade or modification;
Force Majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
Equipment, other equipment, network or facility shortage;
Equipment, other equipment or facility relocation;
Service, equipment, network or facility failure caused by the loss of electrical power;
Outage of, or blocking of ports by, the Customer’s broadband service provider or other impediment to usage of the Service caused by any third party;
Any act or omission by the Customer or any person using the Service or Equipment; or
Any other cause that is beyond Company’s control, including, without limitation, a failure of or defect in any Equipment, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Service) to be connected or completed, or forwarded or the failure of emergency personnel to provide emergency services in a timely fashion.

Limitation of Damages. Our total liability under this agreement will not exceed the service charge for the affected time period.

Disclaimer of Liability for Damages. In no event will Company, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer (or those using the service with or without the permission of Customer) in connection with 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 personal injury, wrongful death, property damage, 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 access emergency service personnel through the 911 service or to obtain emergency help. 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 the Company was informed of the likelihood of any particular type of damages.

Indemnification. The Customer shall defend, indemnify, and hold harmless the Company, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service (with or without permission of the Customer), relating to the Services, including, without limitation, 911 Service, dialing associated with a security system, or the Equipment. This paragraph shall survive termination of this agreement.

Survival of Certain Provisions. Notwithstanding the expiration or termination of this Agreement, and except for the Customer’s obligation to pay charges for the Services during the Term, the remainder of this Agreement shall survive the termination or expiration of the Term.

Limited Warranty. The Company offers a one-year warranty on all equipment. The Company will replace defective equipment during this warranty period with ether new or reconditioned equipment.

Disclaimer. Other than warranties as to the equipment expressly set forth in the documentation provided with the equipment, if any, the Company makes no warranties of any kind, express or implied, and specifically disclaim any warranty of merchantability, fitness of the equipment 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 equipment or any firmware or software included therein 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 equipment, if any.

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.

Governing Law. This Agreement and the relationship between the Customer and the Company is governed solely by the substantive laws of the State of Texas, without regard to its conflict of law provisions.

Venue. The Customer and the Company irrevocable consent to submit to the laws of a court of competent jurisdiction located in Dallas County, Texas. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Dallas County, Texas and they irrevocably waive any objection as to venue or inconvenient forum.

Assignment. The Company may assign all or part of our rights or duties under this Agreement at any time to any party, as the Company shall determine in its sole discretion and without giving prior notice. If we do that, we have no further obligation to you. You may not assign this Agreement or the Services without our prior written consent.

No Waiver. Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision. The Company reserves all of its rights at law and equity to proceed against anyone who uses its service or device illegally or improperly. All determination by the Company under these terms and exercise of its rights are made and done in our sole and absolute discretion.

Entire Agreement. This Agreement, including any future modifications to its terms, and the rates for services found on our website constitute the entire agreement between you and the Company. This agreement governs your use of the Service, and the use of the Service by members of your household and your guests and employees. This Agreement will supersede and replace all prior agreements, contemporaneous statements, understanding, writings, commitments or representation, regardless of form, regarding the subject matter.

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

Privacy. As "voice over the internet protocol" or "voip", the Service utilizes, in whole or in part, the public internet, broadband service providers, third party routers and networks, as well as a number of other parties and equipment. As such, the Company is not able to assure the Customer of any level of privacy when using the Service and the Customer should not have any expectation of privacy when using the Service. The Company is not liable for any lack of privacy, which may be experienced with regard to the Service. Additional terms and conditions are found in the Company’s Privacy Policy at http://iamvoip.com/privacy.asp.

Communication with Customer. Company will use the email address of Customer for notification of billing actions, service requests, support, and relationship messages. Customer is responsible for ensuring the email address with Company is available for receipt of electronic messages. Relationship messages (such as newsletters) will be sent either to the email address or physical address of Customer. Customer can request to "opt out" of relationship messages.

No Jury Trial. The parties hereby waive any right to have any claim tried in a jury trial and all such claims shall be tried in front of a judge with competent jurisdiction.

Waiver of Claims After One Year. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the service must be filed within one (1) year after such claim or cause of action arose or be forever barred.x