This agreement ("Agreement") is between Your Sip Inc. (“Summit Telecom”) and an end user (“End User”) of the Summit Telecom Communications Service (“Summit Telecom”). Any Summit Telecom services or products (“Services”) provided by Summit Telecom to End User shall be governed by the terms and conditions herein. By purchasing the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between End User and Summit Telecom by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY DISCONNECTION FEE; and (3) LIMITING Summit Telecom ’s LIABILITY UNDER THE AGREEMENT. End User acknowledges that they are of legal age to enter into this Agreement.

1. TERMS AND CONDITIONS

The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY Summit Telecom, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Summit Telecom. No waiver or amendment to this contract or these terms and conditions shall be binding on Summit Telecom unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of Summit Telecom.

2. TERM

The term of this Agreement ("Term") begins on the date that End User purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User ("Plan"). At the end of the current Term, the Term is automatically renewed unless End User provides Summit Telecom, prior to the end of the current Term, notification of intention to cancel the service. End User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End User of responsibility for paying all unpaid, accrued charges due hereunder. If End User chooses to cancel the service before the end of the current Term, Disconnection fees may apply as set forth below.

3. 911 & SERVICE LIMITATIONS

The Federal Communications Commission (FCC) requires that Summit Telecom provide E911 Service to all End Users who use Summit Telecom services within the United States. Sections 3.1-3.7 apply to all End Users who use Summit Telecom services within the United States. Section 3.8 applies to all End Users.

3.1. 911 ACKNOWLEDGEMENT AND WARNING LABELS

END USER ACKNOWLEDGES THAT Summit Telecom’s EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 3 AND END USER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING END USER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN. Summit Telecom WILL PROVIDE END USER WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. END USER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. IF ADDITIONAL LABELS ARE REQUIRED, END USER MAY REQUEST THEM FROM Summit Telecom. Summit Telecom WILL PROVIDE END USER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM END USER. END USER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT Summit Telecom HAS ADVISED END USER OF THE CIRCUMSTANCES UNDER WHICH SUMMIT TELECOM E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. Summit Telecom ADVISES END USER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

3.2. ELECTRICAL POWER

END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.

3.3. INTERNET ACCESS

END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.

3.4. E911 SERVICE

SUMMIT TELECOM E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND FAX AND VOICE SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, TOLL-FREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS. END USERS WHO SUBSCRIBE TO SUMMIT TELECOM E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT (DTA OR VIDEOPHONE) WITH Summit Telecom, EITHER ON THE SUMMIT TELECOM WEBSITE OR BY CALLING CUSTOMER SERVICE, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES. END USER ACKNOWLEDGES THAT Summit Telecom ’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. END USER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY Summit Telecom WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO SUMMIT TELECOM BY END USER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS NOT COMPLETE, Summit Telecom MAY ATTEMPT TO ROUTE A 911 CALL BASED UPON THE BILL-TO OR SHIP-TO ADDRESSES ASSOCIATED WITH THE END USER’S ACCOUNT OR INITIAL ORDER.

3.5. E911 SERVICE CHARGE

END USERS WHO ARE REQUIRED TO SUBSCRIBE TO SUMMIT TELECOM E911 SERVICE WILL BE SUBJECT TO A MONTHLY E911 SERVICE CHARGE. THE MONTHLY E911 SERVICE IS INCLUDED IN THE APPLICABLE RESIDENTIAL OR BUSINESS PLAN CHARGES FOR THE ASSOCIATED LINE. THE MONTHLY CHARGE FOR SUMMIT TELECOM E911 SERVICE IS ASSESSED ON A "PER-LINE" (THAT IS, PER PHONE NUMBER BASIS), AND WILL BE SET AT A LEVEL THAT REIMBURSES Summit Telecom FOR THE DIRECT COSTS IT INCURS IN PROVIDING SUMMIT TELECOM E911 SERVICE, INCLUDING EXPENSES Summit Telecom INCURS, EITHER DIRECTLY OR INDIRECTLY, IN THE FORM OF STATE, COUNTY OR MUNICIPAL E911 SURCHARGES, E911 AUTOMATIC LOCATION INFORMATION (ALI) DATABASE STORAGE, LINE INFORMATION DATABASE AND CALLER ID (LIDB/CNAM) EXPENSES, AND ANY OTHER TAXES OR SURCHARGES DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE PROVISION OF SERVICES TO END USERS SUBSCRIBING TO THIS SERVICE. Summit Telecom RESERVES THE RIGHT TO ADJUST THE LEVEL OF CHARGES ASSOCIATED WITH THE PROVISION OF E911 SERVICES TO REFLECT INCREASES OR DECREASES IN THE COSTS IT INCURS. (SEE SECTION 11 REGARDING CHANGES TO THE AGREEMENT, SERVICES OR PLAN).

3.6. E911 SERVICE CHARACTERISTICS

END USER ALSO ACKNOWLEDGES THAT SUMMIT TELECOM E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE SUMMIT TELECOM E911 SERVICES UNSUITABLE FOR SOME END USERS. BECAUSE END USER CIRCUMSTANCES VARY WIDELY, END USERS SHOULD CAREFULLY EVALUATE THEIR OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO RELY SOLELY UPON SUMMIT TELECOM E911 SERVICE. END USER ACKNOWLEDGES THAT IT IS END USER'S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET END USER'S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE FOLLOWING CHARACTERISTICS DISTINGUISH SUMMIT TELECOM E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:

·        SUMMIT TELECOM E911 SERVICE WILL NOT FUNCTION IF END USER'S DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF END USER'S SUMMIT TELECOM SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, END USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE SUMMIT TELECOM SERVICE, INCLUDING FOR E911 PURPOSES.

·        AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO END USER’S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO OUR NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE.

·        THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING SUMMIT TELECOM E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE SUMMIT TELECOM E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE SUMMIT TELECOM NETWORK, THERE IS A POSSIBILITY THAT A SUMMIT TELECOM 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS.

·        IF END USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE SUMMIT TELECOM EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, SUMMIT TELECOM E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.

3.7. END USER ACKNOWLEDGES AND UNDERSTANDS THAT Summit Telecom WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING SUMMIT TELECOM OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Summit Telecom , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO END USER 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, END USER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.

4. EQUIPMENT

To provide the Services, Summit Telecom may provide Equipment to End User. All Equipment shipments are F.O.B. Summit Telecom 's facility. Summit Telecom's liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. End User will be provided a twelve (12) month manufacturer's warranty from the date of purchase of Equipment or Service. End User shall be required to obtain authorization from Summit Telecom to return any Equipment. Summit Telecom will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. Summit Telecom will not cover replacement for lost, stolen or modified equipment. Equipment returned by End User that is not covered under warranty may be refused by Summit Telecom and End User will be responsible to pay return shipping charges. End Users who purchased through a Retail outlet may return within the first thirty (30) days to the place of purchase or such shorter period as set forth in the Retail outlet’s return policy, after the return period has lapsed they can contact Summit Telecom regarding warranty replacement.

5. BILLING, CHARGES AND PAYMENT

DEL

5.1. PAYMENT

Upon purchase of the Service, End User must provide Summit Telecom with a valid credit card number from an issuer that is accepted by Summit Telecom. End User authorizes Summit Telecom to charge the credit card number provided by End User ("Credit Card") for all charges arising from End User's use of the Services. End User agrees to notify Summit Telecom of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. Summit Telecom shall not be responsible for any charges made by the Credit Card issuer to End User's Credit Card account for exceeding credit limit, insufficient funds or other reasons. End User's credit card will not be billed until product has shipped. Estimated ship dates are approximate and are not guaranteed. End User may cancel any order due to shipping delays without charge.

5.2. CREDIT TERMS

All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by Summit Telecom. End User will provide such credit information or assurance as is requested by Summit Telecom at any time. Summit Telecom, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.

5.3. BILLING

Summit Telecom will provide End User with a monthly billing statement for the Services and bill all charges invoiced to End User's account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed subsequent to the end of each month's service. Summit Telecom reserves the right to charge the Credit Card for charges, due if at any time End User's cumulative charges for the current month exceed two hundred fifty dollars ($250.00). Billing for monthly service fees commences upon purchase of the Services on the web site, and the first month's monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated. Activation for Retail customers occurs after the billing telephone number is ported.

5.4. LATE/NON-PAYMENT

If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, Summit Telecom may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 15 % per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Summit Telecom . If charges cannot be processed to the Credit Card, End User will be charged a fee of ten dollars ($10.00). The fee will also be charged to activate a suspended account. No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.

5.5. TAXES

Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides Summit Telecom with an appropriate exemption certificate. If any amounts paid for the Services are refunded by Summit Telecom, applicable taxes may not be refundable.

5.6. REGULATORY RECOVERY FEE

A Regulatory Recovery Fee of $1.50 is included in monthly plan charges to offset costs incurred by Summit Telecom in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.

5.7. TRIAL PERIOD

Summit Telecom offers a thirty (30) day trial period ("Trial Period") to new End Users for their first Summit Telecom account. The Trial Period commences upon the purchase of Services by End User on the Summit Telecom web site. If End User is not satisfied with the Services during the Trial Period, End User may obtain a refund of the equipment and activation fee but not the monthly service fee. Applicable taxes will be refunded to the extent allowed by law. Shipping charges will not be refunded. To obtain a refund, End User must: a) Notify Summit Telecom within thirty (30) days of purchase of the Services on the web site and obtain a return material authorization number from Summit Telecom for the Equipment and b) Return the Equipment to Summit Telecom within seven (7) days of cancellation of the Services in its original, unaltered condition with all packaging intact. Disconnection fees shall not apply if End User cancels service during the Trial Period. Retail customers will be required to return equipment within the first thirty (30) days (or such shorter period as set forth in the Retail outlet’s return policy) to the place of purchase to receive any refund.

5.8. DISCONNECTION AND CONVERSION FEES

Subsequent to the expiration of the Trial Period, if an End User terminates fax or voice Services within twelve (12) months of the initial purchase of the Services, Summit Telecom shall charge a service Disconnection Fee of fifty nine dollars and ninety nine cents ($59.99) for each Virtual Office extension and nine dollars and ninety nine cents ($9.99) for Business Office extension, Fax extension–second port activation, Virtual number, Virtual Extension, Virtual Attendant, Toll Free number, Additional Ring Group, Call Queuing Group and Switchboard. If an End User terminates a Extension or converts to a non Extension within twenty four (24) months of the initial purchase of the Services, Summit Telecom shall charge a Disconnection or Conversion Fee of one hundred dollars ($100.00) for each Extension. If an End User terminates a one (1) Year Term Plan or a two (2) Years Term Plan prior to the end of the committed term, Summit Telecom will charge the End User the remaining services fees under the term plan agreement. All fees, including service fees, payable under this term plan shall be non-refundable and non-creditable.

5.9. CREDITS

End User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.

5.10. DISCOUNTS

From time to time in its sole discretion, Summit Telecom may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.

5.11. BILLING DISPUTES

End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by Summit Telecom or End User waives any objection and further recourse. Written statements disputing charges must be sent to:

Billing Department
Summit Telecom , Inc
P.O. Box 1700
Breckenridge, CO 80424
-or-
support@dialsummit.com

6. TOLL CHARGES

Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN"), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States and Canada to a non-Summit Telecom telephone number will be charged at the current rates published on the Summit Telecom web site. The duration of each call is to be calculated in one-minute increments and rounded up to the nearest one-minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When End User dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by an End User to an International mobile, rather than landline, or premium rate telephone number may result in higher toll charges.

7. TELEPHONE NUMBER

Any telephone number provided by Summit Telecom ("Number") to the End User shall be leased and not sold. End User is not to use the Number with any other device other than the Equipment without the express written permission of Summit Telecom. Summit Telecom reserves the right to change, cancel or move the Number at its sole discretion.

8. LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT

End User shall not modify the Equipment in any way without the express written permission of Summit Telecom. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End User shall immediately notify Summit Telecom of any lost or stolen Equipment and shall cooperate with Summit Telecom in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At Summit Telecom 's sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that Summit Telecom is informed of the loss or theft and can effect a termination of the Services.

9. PROHIBITED USES

Any use of the Services or any other action that causes a disruption in the network integrity of Summit Telecom or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of Summit Telecom. End User understands that neither Summit Telecom nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Summit Telecom. Summit Telecom's Service Plans for business End Users that offer unlimited minutes of PSTN calls ("Unlimited PSTN Plans") are for reasonable business use of End User only. Such use shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing (including without limitation charitable or political solicitation or polling), call center operations, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process or any other activity that would be inconsistent with reasonable business usage. End User shall not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. End Users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Any use found to be inconsistent with this restriction will result in termination of the Service. Summit Telecom reserves the right to immediately terminate or modify the Services of any End User using Unlimited PSTN Plans if Summit Telecom determines, in its sole discretion, that End User is not using the Unlimited PSTN Plans for End User's reasonable business use.

10. NOTICE

Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site ("Change Date"), and no additional notice will be required. If End User does not send Summit Telecom notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.

11. TERMINATION

End User agrees to provide Summit Telecom with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Summit Telecom. In accordance with section 5, Disconnection Fees may apply. Summit Telecom reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, Summit Telecom, Summit Telecom 's network or other End User's use of the Services. Summit Telecom reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Summit Telecom 's determination is final and binding on End User. Summit Telecom may require an activation fee to change or resume a terminated or suspended account.

12. PRIVACY

Summit Telecom utilizes the public Internet and third party networks to provide voice communication services. Accordingly, Summit Telecom cannot guarantee the security of voice communications of End User. Summit Telecom is committed to respecting an End User's privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User's relationship with Summit Telecom. Summit Telecom will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User's prior permission is obtained, Summit Telecom will only share the personal data End User provides with other Summit Telecom entities and/or business partners that are acting on Summit Telecom 's behalf to complete the activities described herein. Such Summit Telecom entities and/or national or international business partners are governed by Summit Telecom 's privacy policies with respect to the use of this data. Summit Telecom is required to file numerous reports with different administrative bodies. As such, Summit Telecom may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Summit Telecom reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Summit Telecom or any company affiliated with Summit Telecom. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Summit Telecom may disclose personally identifiable information. A complete privacy policy can be found on http://dialsummit.com.

13. RETURNS AND ADJUSTMENTS

No Equipment may be returned by End User for any reason without prior approval of Summit Telecom. All returns shall be in original packaging or equivalent. End User shall be responsible for all costs related to shipping to Summit Telecom any Equipment that is being returned. Any Equipment returned to Summit Telecom without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from Summit Telecom, return to Summit Telecom any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to Summit Telecom an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.

14. TECHNICAL SUPPORT

Summit Telecom provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied. If an on-site local service technician will be dispatched to your location, the technician will need exclusive access to all common areas as well as any other area that we deem necessary.

15. BREACH

In the event of End User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse Summit Telecom for all attorney, court, collection and other costs incurred by Summit Telecom in the enforcement of Summit Telecom 's rights hereunder and Summit Telecom may keep any deposits or other payments made by End User.

16. INDEMNIFICATION

End User agrees to defend, indemnify and hold Summit Telecom, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

17. DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL Summit Telecom OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF Summit Telecom OR ITS VENDORS OR OTHERWISE.

18. WARRANTY AND LIABILITY LIMITATIONS

Summit Telecom MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Summit Telecom NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Summit Telecom 'S OR END USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'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 Summit Telecom 'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST Summit Telecom MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Summit Telecom HAS NO LIABILITY THEREAFTER. Summit Telecom 'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Summit Telecom MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Summit Telecom. IN NO EVENT SHALL Summit Telecom 'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO Summit Telecom IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

19. EXPORT COMPLIANCE

End User agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

20. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE

Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End User by Summit Telecom or its vendors.

21. SOFTWARE COPYRIGHT

Any software used by Summit Telecom to provide the Services and any software provided to End User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End User may not copy the software or any portion of it.

22. SURVIVAL

The provisions of section 3, 5, 15, 16, 17, 18, 19 21, 24 and 26 shall survive any termination of the Agreement.

23. NOTICES

Summit Telecom communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User ("Email Address"). End User is responsible for notifying Summit Telecom of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.

24. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL)

Summit Telecom shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Summit Telecom as may occur in spite of Summit Telecom’s best efforts.

25. GOVERNING LAW / RESOLUTION OF DISPUTES.

25.1. MANDATORY ARBITRATION

LEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, END USER AND Summit Telecom WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO END USER, INCLUDING ANY BILLING DISPUTES (“CLAIM”). CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires End User to arbitrate claims against other parties relating to Services or Products provided or billed to End User if Claims are asserted against Summit Telecom in the same proceeding. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. End User will pay the published share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”) except that: (a) for Claims less than $20, Summit Telecom will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, End User will pay only $20 in Fees and Expenses, or any lesser amount as provided under AAA’s Supplemental Procedures for Consumer-Related Disputes. End User and Summit Telecom agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. The AAA Supplemental Procedures for Consumer-Related Disputes provide that unless a hearing is requested, disputes will be resolved based on written submissions and no personal appearance is required. If End User requests an arbitration hearing, that hearing will take place either telephonically or Breckenridge, Colorado. As a limited exception to the agreement to arbitrate, End User and Summit Telecom agree that: (a) End User may file Claims in small claims court in Summit County, Colorado, if the Claims qualify for hearing by such court; (b) if End User fails to timely pay amounts due, Summit Telecom may assign the account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; and (c) any Claim filed as a class action is not subject to arbitration but instead must be filed in the Colorado Superior Court, or in the United States District Court for the District of Colorado.

25.2. Prefiling Notice of Claim

BEFORE INSTITUTING ARBITRATION OR SUIT, END USER AGREES TO PROVIDE Summit Telecom WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO Summit Telecom AT. IF Summit Telecom IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN END USER OR Summit Telecom MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 26.1. All claim notices should be sent to:

Director of Customer Service
Summit Telecom
P.O. Box 1700
Breckenridge, CO 80424
-or-
support@dialsumit.com

25.3. Governing Law

The Agreement and the relationship between End User and Summit Telecom shall be governed by the laws of the State of Colorado 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 26.1, End User and Summit Telecom agree to submit to the personal and exclusive jurisdiction of the courts within the state of Colorado, to the extent possible in Summit County , and waive any objection as to venue or inconvenient forum. The failure of Summit Telecom to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

26.  ENTIRE AGREEMENT

The terms and conditions of this Agreement, along with the rates posted to the web site currently located at http://www.dialsummit.com, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of Summit Telecom and End User.