Service Agreement

This agreement (“Agreement”) is between Mission Machines Corporation d/b/a“Provider”, or “Mission Machines”) and the End-User (“End-User”) of the VOIP
Phone service. Any Provider services or products (“Services”) made available to End-User shall be
governed by the terms and conditions herein. By activating the Services, End-User acknowledges
receiving, reading and understanding this Agreement and accepts the terms and conditions herein. EndUser acknowledges that they are of legal age (18 years or older) 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 Provider,
    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 Provider. No waiver or amendment to this contract or these
    terms and conditions shall be binding on Provider, unless made in writing expressly stating that it is
    such a waiver or amendment and signed by a duly authorized representative of Provider. End-User
    agrees to use the VOIP Service in accordance with Mission Machines’ Acceptable Use Policy
    (“AUP”), published on its website. Mission Machines reserves the right to make changes to the
    Acceptable Use Policy without notice.
  2. TERM – Unless otherwise indicated, the Service is month-to-month with no term. The term of this
    Agreement (“Term”) begins on the date that End-User purchases Services and continues monthly for
    the duration of the service period. At the end of each month, the Term is automatically renewed for
    the following month. 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
    Version 3.4 – December 2011
    3.1. 911 Dialing – Mission Machines’ 911 Dialing will be implemented and operational with the
    Service. Service may not be used in any geographical area different from that reported to
    Mission Machines as the Customer’s installation site. With E911 service, when you dial 911,
    your telephone number and registered address is simultaneously sent to the local emergency
    center assigned to your location, and emergency operators have access to the information they
    need to send help and call you back if necessary. By using this Service, you authorize us to
    disclose your name and address to third-parties involved with providing 911 Dialing to you,
    including, without limitation, call routers, call centers and local emergency centers. This website
    provided by the FCC explains how VoIP works with the 911 system in greater detail.
    3.2. Registration of Physical Location Required – For each phone number that you use for the
    Service, you must register with Mission Machines the physical location where you will be using
    the Service with that phone number. When you move the Device to another location, you must
    register your new location. If you do not register your new location, any call you make using the
    911 Dialing feature may be sent to an emergency center near your old address, and emergency
    personnel may be dispatched to the incorrect location. Always use your VoIP service only at the
    physical address that we have registered for you with e911.
    3.3. Outages due to Electrical, Internet or other General Failures – End-User acknowledges that
    the Services will not function in the absence of electrical power, access to the Internet or other
    general failures associated with the VOIP network. 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. Battery / Generator Backup Solutions – In order to comply with this FCC order, End-User
    acknowledges that battery backup is recommended with VoIP service, and Mission Machines
    recommend the End-User add a proper Uninterrupted Power Supply (UPS) to maintain their
    3.5. Non-Voice Systems – End-User acknowledges that the Services are not set up to function with
    out-dialing systems including home security systems, medical monitoring equipment, satellite
    television systems and some facsimile systems. By consenting to these terms and conditions,
    End-User waives any claim against Provider for interruption or disruption of such systems by the
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    3.6. Unprovisioned 911 Calls – For each billing cycle, if a Subscriber places one or more 911
    calls but does not have a valid 911 address on file with Mission Machines, Mission
    Machines shall charge $125.00 for each call placed. These charges are non-negotiable
    and Subscriber waives the right to dispute these valid charges.
  4. BILLING, CHARGES AND PAYMENT – Upon purchase of the Service and delivery of the
    equipment, End-User must provide a valid form of payment (Credit Card or check) End-User
    authorizes Provider to charge the End-User for all charges arising from End-User’s use of the
    Services. End-User agrees to notify Provider of any change to the credit card information including,
    but not limited to, changes in account number, expiration date or billing address. Provider shall not be
    responsible for any charges made by the credit card issuer or bank to End-User’s credit card or
    checking account for exceeding credit limit, insufficient funds or other reasons.
    4.1. Credit Terms – All Services provided to End-User and covered by the Agreement shall at all
    times be subjected to credit approval or review by Provider. End-User will provide such credit
    information or assurance as is requested by Provider at any time. Provider, in its sole discretion
    and judgment, may discontinue credit at any time without notice.
    4.2. Invoicing – Provider will send or make available to End-User a monthly on-line invoice for the
    Services and bill all charges invoiced to End-User’s account to the End-User. 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 for
    the prior month of service, and any other applicable charges are billed at the end of each month’s
    4.3. 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 End-User credit card charges, Provider
    may suspend or terminate the Services and all accrued charges shall be immediately due.
    Provider may charge the End-User a $30 late fee if payment is not received within 20 days of
    billing date. If End-User fails to pay Provider within 40 days of billing date, Provider has the
    right to disconnect the Services without notice and/or send to collection. Upon disconnect, EndUser agrees to immediately pay all amounts owed to Provider. Provider reserves the right to
    charge End-User a $75.00 re-establishment service fee. Upon disconnect a valid credit or debit
    card will be required to reinstate service.
    4.4. Taxes – Prices for the Services include, if and/or applicable any sales, state and local, or other
    similar taxes.
    4.5. Credit Allowances – End-User acknowledges and agrees that the Services are provided “as is,
    where is.” Credit allowances are under the sole discretion of Provider.
    Version 3.4 – December 2011
    4.6. Discounts and Promotions – From time to time in its sole discretion, Provider may offer
    promotions or discounts on 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.
    4.7. Billing Disputes – End-User must dispute any charges for the Services within thirty (30) days of
    receipt of the monthly on-line invoice or End-User waives any objection.
    4.8. Tolls – If applicable, every call to or from Equipment using the Services that originates or
    terminates in the Public Switched Telephone Network (“PSTN”) is subject to the then-applicable
    toll charges that are associated with the respective Plan ordered by End-User. Every call to or
    from Equipment using the Services that originates or terminates with a SIP service provider that
    is not affiliated or associated with Provider will also count as PSTN minutes and be subject to
    the then-applicable toll charges that are associated with the respective Plan ordered by End-User.
    As applicable, domestic long distance calls are billed in six (6) second increments. As
    applicable, calls to a phone number outside the United States and Canada to a non-Provider
    account will be charged at the current rates published on the Provider related website. The
    duration of each call from the US to international destination is to be calculated in six (6) second
    increments after a thirty (30) second minimum. As applicable, calls to Mexico are rounded to the
  5. TELEPHONE NUMBER – Telephone numbers provided by Provider (“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 Provider. Provider reserves the right to change,
    cancel or move the Number at its sole discretion. If, however, the End-User chooses to ‘port’ their
    existing phone number into the Provider VoIP service, the End-User shall also be able to ‘port’ the
    number out of the Provider network upon termination of service if the End-User has maintained an
    account in good standing with Provider.
    Version 3.4 – December 2011
  6. PROHIBITED USES – Any use of the Services or any other action that causes a disruption in the
    network integrity of Provider or its vendors, whether directly or indirectly, is strictly prohibited and
    could result in termination of the Services. End-User understands that neither Provider 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, 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 Provider. Use of service shall not include certain activities including,
    but not limited to, any autodialing, robo calling, continuous or extensive call forwarding, continuous
    connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be
    inconsistent with residential or small business usage, unless specifically agreed to otherwise in
    writing by Provider and End-User.
    7.1. “Unlimited” usage includes local and long distance calls to the U.S. (Hawaii and Alaska
    included) and to Canada. Unlimited usage includes up to 5000 minutes. Overage is billed at
    $0.001 per minute. Provider reserves the right to review usage of unlimited minute usage plans
    to ensure that there is no End-User abuse of such plans. End-User agrees to use unlimited
    minute plans for normal voice calls and will not employ methods or devices to take advantage of
    unlimited plans by using service excessively or for means not intended by Provider. Provider
    may terminate service immediately if, in its sole discretion, End-User is abusively using the
    unlimited minute plan.
    7.2. Provider reserves the right to make changes to the terms and conditions of this Agreement, the
    Services and/or the Plan (“Change of Service”). In the event of a Change of Service, Provider
    will post changes to this agreement on their website. Notice will be considered received by EndUsers and such changes will become binding to End-Users, on the date the changes are posted to
    the website (“Change Date”), and no additional notice will be required.
    Version 3.4 – December 2011
  8. TERMINATION – End-User agrees to provide Provider 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 Provider. Provider 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, Provider, Provider’s network or other End-Users’ use of the Services. Provider
    reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and EndUser agrees that Provider’s determination is final and binding on End-User. Provider may require an
    activation fee to change or resume a terminated or suspended account.
  9. PRIVACY – Provider utilizes the public Internet and third party networks to provide voice and video
    communication services. Accordingly, Provider cannot guarantee the security of voice and video
    communications of End-User. Provider is committed to respecting End-User’s privacy. Once EndUser chooses to provide personally identifiable information, it will only be used in the context of the
    End-User’s relationship with Provider. Provider 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, Provider will only share the personal data of End-User with business partners
    that are acting on Provider’s behalf to complete the activities described herein. Such Provider entities
    and/or national or international business partners are governed by Provider’s privacy policies with
    respect to the use of this data. Upon the appropriate request of a government agency, law enforcement
    agency, court or as otherwise required by law, Provider may disclose personally identifiable
  10. TECHNICAL SUPPORT – Provider will make available technical support to End-Users via
    telephone and e-mail for the Services. Support for other applications and uses is not provided or
    implied unless agreed to in writing by Provider and End-User.
  11. 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 Provider for all attorney,
    court, collection and other costs incurred by Provider in the enforcement of Provider’s rights
    hereunder and Provider may keep any deposits or other payments made by End-User.
  12. INDEMNIFICATION – End-User agrees to defend, indemnify and hold Provider, its affiliates and
    its vendors harmless from any claims or damages relating to this Agreement.
    Version 3.4 – December 2011
  13. DISCLAIMER OF CONSEQUENTIAL DAMAGES – In no event shall Provider 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 Provider or its vendors or otherwise.
  14. WARRANTY AND LIABILITY LIMITATIONS – Provider makes no warranties, express or
    implied, including, but not limited to, and implied warranties of merchantability or fitness for a
    particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to
    Provider’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 and other method, regardless of whether such damage
    occurs as a result of Provider’s or its vendors’ negligence. Any claim against Provider must be made
    within 90 days of the event of the claim and Provider has no liability thereafter. Provider’s liability is
    limited to repair, replacement, credit or refund. Provider 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 Provider. In no event shall Provider’s total
    liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12)
    months from the date of claim.
  15. 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 Provider or its vendors.
  16. SOFTWARE COPYRIGHT – Any software used by Provider in connection with 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.
    Version 3.4 – December 2011
  17. NOTICES – Provider communicates with its 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
    Provider 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
  18. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL) – Provider shall not be liable for any
    delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood,
    accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure,
    late delivery by suppliers or other difficulties of Provider that may occur in spite of Provider’s best
    19.1. Mandatory Arbitration – Any dispute or claim between End-User and Provider arising out of
    or relating to the Service or Equipment provided in connection with this Agreement shall be
    resolved by arbitration before a single arbitrator administered by the American Arbitration
    Association in accordance with its Commercial Arbitration Rules . The arbitrator’s decision shall
    follow the plain meaning of the relevant documents, and shall be final and binding. Without
    limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in
    excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment
    on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    All claims shall be arbitrated individually and Customer will not bring, or join any class action
    of any kind in court or in arbitration or seek to consolidate or bring previously consolidated
    claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver
    of any right to a jury trial.
    Version 3.4 – December 2011
    19.2. Governing Law – The Agreement and the relationship between you and Provider shall be
    governed by the laws of the State of New York without regard to its conflict of law provisions.
    End-User and Provider agree to submit to the exclusive jurisdiction of the courts located within
    the state of New York for purposes of entering any arbitration award hereunder or for any other
    litigation hereunder. The failure of Provider 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.
  20. ENTIRE AGREEMENT – The terms and conditions of this Agreement 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 Provider and End-User.
  21. INTERPRETATION OF AGREEMENT – No provision of this Agreement will be interpreted in
    favor of End-User or against Provider by reason of the fact that Provider has drafted this Agreement.