Kall8 Toll-free, Local, and International Telephone Service

Kall8 Terms and Conditions

By subscribing to and/or using Kall8 services, you agree to the following terms and conditions:

1. GENERAL. Rates and charges for services provided are available at the Kall8 web site. Read the FAQ’s for other important information on the services. The rates and charges may be changed at any time without notice and it is up to the Applicant to check the listed rates for such changes. Rates shown are for one minute in U.S. dollars. All calls are billed in six-second increments with a 60-second minimum except International (non- U.S. and Canada) calls which are billed in one minute increments. All call charges are rounded up to the nearest penny. All charges for services will be debited to the credit card number provided by Applicant. If the credit card or other form of payment is denied, service may be disabled immediately. PAYMENT MUST BE MADE WITHIN FIVE DAYS OR SERVICE MAY BE IMMEDIATELY TERMINATED. Applicant agrees to pay interest at 18% per annum on overdue charges plus reasonable cost of collections, including legal fees. Processing charges may apply if credit card ($10 per decline) or check or other payment is declined. Applicant’s submission, via the Internet, by fax or mail, of this Application attests to financial responsibility, ability and willingness to pay invoices within the stated terms and conditions. Service will be rendered subject to credit approval by Kall8. Applicant shall not use any Kall8 services for any unlawful purpose and shall use the Kall8 services in accordance with the instructions set forth in the Product User Guide or website.

2. Kall8 has no control over the content of the information transmitted through its accounts. Kall8 does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through an Kall8 account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a Kall8 account, or (iii) assume any liability for any material distributed through a Kall8 account which is distributed in violation of any third party’s copyright or other intellectual property right.

3. The Services may only be used for lawful purposes. Applicant is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Applicant may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder.

4. Applicant agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.

5. LIMITATION OF LIABILITY. As a material inducement for Kall8 to provide the services hereunder, Applicant agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KALL8 OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

6. KALL8 MAKES NO EXPRESS OR IMPLIED WARRANTIES TO APPLICANT AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. KALL8 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

7. EFFECTS OF TARIFFS. Any and all tariffs and related provisions are made a part of this Agreement and shall control any inconsistency between the tariff and the terms and conditions of this Agreement.

8. INDEMNIFICATION. Applicant shall defend, indemnify and hold harmless Kall8, its officers, directors, employees and agents from any breach of this Agreement, use of Applicant’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. Kall8 shall give written notice of any such claim, action or demand within a reasonable time. Kall8 shall be defended by attorneys of their choice at Applicant’s expense.

9. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.

10. LAW AND ARBITRATION. This Agreement shall be governed by and construed in accordance with Washington State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the Washington Arbitration and Mediation Service (WHAMS). The arbitration shall be held in Seattle, Washington. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof.

11. SEVERABILITY. If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.

12. NO WAIVER. The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.

13. This order is for a minimum 12-month period and a $50 per number early cancellation fee will apply if Applicant requests to port a Kall8 number to another carrier within the initial 12-month term of service for that particular number unless such number belonged to the Applicant prior to service with Kall8. (This fee is higher for certain shared vanity numbers as set forth on the Kall8 web site). Kall8 will not be liable for any claim that arises out of its acting as a Responsible Organization or where the toll-free service is not available after Kall8’s acceptance of this order, or where Applicant is provided with a number or numbers other than one(s) committed by Kall8. It is the responsibility of the Applicant to check the Kall8 numbers to make sure they are assigned to the account of the Applicant and they route to the proper ring-to numbers before advertising such numbers. Under no circumstances shall Kall8 be responsible for consequential, indirect, direct, or special damages, (lost profits, marketing costs or otherwise) that result from interruptions of services, outages or inability to use services, and Kall8’s sole liability shall be to provide credit equal to the charges for the affected calls/services. In addition, Kall8 shall not be liable for any accounts disconnected for non-payment.

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC KALL8 SERVICE OR PRODUCT MAY BE FOUND ON THE WEB SITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT.