Digital Phone Service Usage Policy Terms of Service Napa internet services Subscriber Agreement This is an agreement ("Agreement") between Napa internet services, Inc. ("we", "us" or "Napa internet services") and you, an end user ("you" or "user") of Napa internet services's Internet Phone Service (the "Service") as described herein. By establishing, activating, using, or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, including those pertinent to 911 Emergency Dialing, and to the prices, charges, and conditions provided to you in association with your enrollment, including marketing materials and the Napa internet services website, which are incorporated herein by reference. This Agreement governs the Service and any devices - such as a VoIP phone, analog telephone adaptor, multimedia terminal adapter, or computer operating software enabling the Service (each alone or all collectively known as "Equipment") - website, or software used in conjunction with the Service. If you have purchased Equipment from an authorized Napa internet services retail dealer, you are considered a "Retail Customer" and are governed by certain Retail Customer terms and conditions contained below. 911 EMERGENCY DIALING PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF NAPA INTERNET SERVICES 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of Napa internet services 911 Emergency Dialing. 911 SERVICE IS NOT AVAILABLE, TO CUSTOMERS USING THE SOFTPHONE OR INSTANT MESSENGER SOFTWARE. 911 SERVICES, SUBJECT TO THE TERMS BELOW AND ARE ONLY AVAILABLE TO CUSTOMERS WITH A PAID SERVICE PLAN AND A LAND LINE TELEPHONE. PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH NAPA INTERNET SERVICES OFFERS 911 SERVICE, NAPA INTERNET SERVICES CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE FUNCTIONING 911 SERVICE IS TO TEST THE SYSTEM; NAPA INTERNET SERVICES IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE 911 SYSTEM AND CANNOT AUTHORIZE YOU TO DO SO. YOU MAY WISH TO CALL THE NON-EMERGENCY NUMBER OF YOUR LOCAL POLICE OR FIRE DEPARTMENT TO FIND OUT IF THEY ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION. NAPA INTERNET SERVICES RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON. Napa internet services 911 Service. Napa internet services 911 Emergency Dialing is not available in all areas. To activate this service where available, you must register the physical location of your Equipment with Napa internet services, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which Napa internet services has enabled for this service. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing may not function for up to ten (10) business days after Napa internet services activates your Service, and you acknowledge and agree to this requirement. Service Address. You must provide the address which will be associated with the Service ("Service Address") during the registration process. The service address you provide must be in the same rate center as the Household (primary) number you have selected. Failure to provide the correct and proper Service Address may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach the correct location and render emergency service when requested. You acknowledge that 911 dialing will not function properly if you move your Equipment to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which Napa internet services provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the Napa internet services website. Change of Service Address will take a minimum of ten business days to properly update the 911 emergency databases. 911 Service Limitations. The following additional limitations apply to 911 Emergency Dialing when it is provided by Napa internet services: Napa internet services service is only available in areas where 911 service can be provided to new customers. Napa internet services 911 service will not function if the Equipment is not configured properly or if your Napa internet services Service is not functioning for any reason. This includes a broadband or electrical power outage or if your broadband, ISP, or Napa internet services Service is suspended or terminated. In addition, in the event of a local disaster, there is a greater possibility that a Napa internet services 911 call will produce a busy signal, fail to be completed, or experience long connection times due to network congestion. Napa internet services 911 Service will not function properly for several days after you are able to make outbound calls with your Service. Because of the time it takes to properly update the 911 emergency databases, your 911 service will not be available immediately. You must select a (primary) Household or business Number that is associated with your Service Address otherwise 911 service will not be available. Calls to 911 service route to the appropriate emergency administrator based on the telephone number you have chosen and the geographic location that you have provided to Napa internet services. 911 must be available in your area for Napa internet services to offer you service. If you move or intend to use your Napa internet services service away from the geographic location you have registered with Napa internet services, you must update your account with your new location. You may change your Service Address by contacting Napa internet services Member Services at 1-866-39-NAPA INTERNET SERVICES. Since it may take 10 days or more to properly update the 911 emergency databases, you should NOT rely on Napa internet services Service for 911 emergency dialing if you are using the Service when you are temporarily traveling away from home. Enhanced 911 ("E911"). In certain areas in which Napa internet services provides 911 Emergency Dialing, Napa internet services provides E911 capabilities, if you have activated and properly configured 911 Emergency Dialing. When the caller dials 911 on a Napa internet services-enabled phone with E911 service, Napa internet services will automatically deliver the location information you provided at the time of activation, or as subsequently and properly updated, validated, and acknowledged by Napa internet services, to the PSAP with the 911 call. If the location information you provided is incorrect, the emergency call may be misdirected to a PSAP that does not serve your location, which as a result may be unable to render sufficient emergency service. You acknowledge that you are solely responsible for maintaining accurate physical location information on your Napa internet services account. If you move your Napa internet services equipment to another location, you must update your Service Address in accordance with the instructions on the Napa internet services website. Basic 911. In some areas in which Napa internet services provides 911 Emergency Dialing, Napa internet services may not support E911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using Napa internet services may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location. Acknowledgement. You understand and acknowledge that Napa internet services 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. These characteristics may make Napa internet services unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate Napa internet services Service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls. Suspension of Your Account. You acknowledge and understand that a Service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 Dialing. Indemnification.You acknowledge and understand that Napa internet services will not be liable for any Service outage and/or inability to dial 911 using Napa internet services or to access emergency service personnel due to the characteristics and limitation of Napa internet services Service set forth in this document. You agree to defend, indemnify, and hold harmless Napa internet services, 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 911 dialing. You acknowledge that Napa internet services does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below. SERVICE DESCRIPTION Service Requirements. The Service requires Equipment obtained through Napa internet services or a third party that allows you to place and receive calls by using your high-speed Internet connection. In the case that Napa internet services does not provide or support your high-speed Internet connection, you will need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 90 Kbps upstream and downstream. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other equipment in order to restore the Service. Service Limitations. You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against Napa internet services for interference or disruption of such services and equipment. Service Distinctions. The Service is not a telecommunications service, and important distinctions exist between telecommunications service and the Service. In addition, different regulatory treatment is applied to the Service as compared with telecommunications service, which may affect your rights before regulatory agencies. Your Responsibility. You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the Equipment (referred to as the "MAC address") which Napa internet services uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet. USE OF SERVICE Resale and Transfer. You are expressly prohibited from reselling or transferring the Service, Equipment, and/or software to any other person for any purpose, without express written permission from Napa internet services in advance. Residential Use. If you purchased a Residential service plan, the Service is intended for normal residential use. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), continuous or extensive call forwarding, fax broadcast, fax blasting, or any other activity that results in excessive usage inconsistent with normal residential or home office usage patterns. If Napa internet services determines, in its sole discretion, that you are reselling the Service, allowing persons residing outside of your household to regularly use the Service, or that your Service is being used for any of the aforementioned activities, Napa internet services reserves the right to immediately terminate without notice or modify the Service and to assess additional charges for each month in which excessive usage occurred. Small Business Use. If you purchased a Small Business service plan, the Service is intended for normal small office or home business use. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), continuous or extensive call forwarding, fax broadcast, fax blasting, or any other activity that results in excessive usage inconsistent with normal residential or home office usage patterns. If Napa internet services determines, in its sole discretion, that you are reselling the Service, allowing persons residing outside of your household to regularly use the Service, or that your Service is being used for any of the aforementioned activities, Napa internet services reserves the right to immediately terminate without notice or modify the Service and to assess additional charges for each month in which excessive usage occurred. Calling Limitations. Napa internet services does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 "dial-around" calls. The Service may not support 311, 511, and/or other x11 services (other than 911 and 411) in some or all Service areas. Local Number Portability. If you transfer to Napa internet services an existing phone number which is currently subscribed to a carrier other than Napa internet services, the following terms and conditions apply: (1) you hereby authorize Napa internet services to notify your local telephone company of your decision to switch your local services to Napa internet services and to transfer your telephone number, and represent that you are authorized to take this action; (2) you acknowledge and agree that you must successfully install and activate your Equipment prior to the date that the number switch becomes effective; and (3) Napa internet services has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party. Network Integrity and Security. You are expressly prohibited from any use of the Service or any other action that, in Napa internet services's sole discretion, is deemed to present a risk to the network integrity or security of Napa internet services or its vendors, whether directly or indirectly. Napa internet services, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach. Telephone Number. You may not sell any telephone number assigned by Napa internet services ("Number"). Upon termination of the Service, Napa internet services may, in its sole discretion, release a Number that was ported in from a previous service provider to Napa internet services by you and used in connection with your Service provisioned by Napa internet services to your new service provider, if such new service provider is able to accept such Number, provided that your entire account has been terminated, that you have paid all charges due to Napa internet services, and that you request the transfer upon terminating your account. Use Outside the United States. The Service is intended for use in the United States. If you remove the Equipment to a country other than the United States, you do so at your sole 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. Napa internet services reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws. Unlawful and Prohibited Use. You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in Napa internet services's sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. Napa internet services, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Napa internet services personnel. 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 Napa internet services against any and all liability for any such use. If Napa internet services, in its sole discretion, believes that you have violated the aforementioned restrictions, Napa internet services may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding. Tampering. You agree not to change the electronic serial number or equipment identifier, if any, of the Equipment, or to perform a factory reset of the Equipment, without express written permission from Napa internet services in each instance which Napa internet services, in its sole discretion, may deny. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. Napa internet services, in its sole discretion, may terminate your Service without advance notice should you tamper with the device. Theft of Service. You agree to notify Napa internet services immediately if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by Napa internet services. Failure to do so in a timely manner may result in the termination of your Service and additional charges. Alternative Interface Devices. If you decide to use the Service through an interface device not provided or supported by Napa internet services or an authorized Napa internet services retail dealer, which Napa internet services reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Napa internet services and its vendors against any and all liability arising out of your use of such alternative interface device with the Service. Napa internet services has no obligation to support or service the use of such alternative interface devices in any way, and in its sole discretion may decline to provide the configuration information required to allow the device to effectuate the Service. Copyright, Trademark, and Unauthorized Use. The Service and Equipment and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, and all Services, information, documents, and materials on Napa internet services's website are protected by copyright, trademark, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of Napa internet services are and shall remain the exclusive property of Napa internet services and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software strictly in accordance with the terms and conditions of the Agreement, and that the Equipment is exclusively for use in connection with the Service. Audit and Law Enforcement. Napa internet services reserves the right to audit your use of the Service to enforce the provisions of this Agreement. Napa internet services reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law. CHARGES AND PAYMENTS Billing. You must provide a valid credit or debit card number, or sign up for an alternate form of payment such as ACH or e-check when the Service is activated. You authorize Napa internet services to charge automatically to your credit or debit card, or to ACH debit any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit or debit card issuer. Your charges and credits issued will appear on a billing statement delivered via online email; Napa internet services website or delivered by regular postal mail. You give Napa internet services permission to obtain authorization for use of your credit or debit card from your card issuer or to debit funds directly from your bank account or by e-check. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, or you wish to change your method of payment (if an alternate payment method is available) you must advise Napa internet services at once. Your initial use of the Service authorizes Napa internet services to debit the account or charge the card account number on file with Napa internet services, updated by any changed information related to card expiration, replacement, or substitution. For credit card payments this authorization remains valid until 30 days after Napa internet services receives your notice to terminate Napa internet services's authority to charge your card, whereupon Napa internet services will charge you for any outstanding charges and terminate the Service. Napa internet services bills all charges and applicable taxes monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which Napa internet services chooses to bill in arrears) to your card. Napa internet services is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds in your account. Napa internet services reserves the right to bill at more frequent intervals if the amount due at any time exceeds $30. All charges will be billed according to the rates and terms set forth in published materials and or found on the Napa internet services website. Service Activation – Commencement of Billing. You understand that you are responsible for self-installation of the Equipment and any configuration of the Service once you receive the Equipment. If the Equipment is shipped to you by Napa internet services, you will be billed when the Equipment is shipped, and your Service will be considered active on the day you sign up for service the "Activation Date"). Your services will be available to you immediately upon placing your order. If you choose to set up any of the features in your online account management interface you may start using the service immediately by receiving forwarded calls, voice mail, faxes if included with your account type, and you will be able to place phone calls once you download the Softphone or when you receive your Equipment in the mail, unless you purchased the Equipment from an authorized retailer (You are encouraged to complete installation of the Service immediately in order to take full advantage of your Service period. You will be responsible for full payment for the charges on your Napa internet services bill even if you do not install the Equipment promptly or use the Service. If you purchase Equipment from an authorized Napa internet services retail dealer, your Service is considered active once you complete the on-line Service activation process at the Napa internet services website. Risk-Free Trial Guarantee. From time to time, Napa internet services may offer a Risk-Free Trial Guarantee ("Trial Guarantee"), the duration (the "Trial Period") and terms of which may vary according to the terms of specific sales promotions as described in the promotional literature or on the website, which is applicable only to your first- ordered account. (You will not qualify for the Trial Guarantee program if you cancel and subsequently re-establish a Napa internet services account at the same or another location, and the Risk-Free Trial Guarantee is only applicable to the initial line ordered on your account.) Under the terms of this Trial Guarantee, if it applies, Napa internet services may refund some or all charges, excluding applicable taxes, provided the terms described below are satisfied. Napa internet services reserves the right to terminate, revoke, or change the terms of this Trial Guarantee at any time, without prior notice. In order to be entitled to this program, you must: (1) cancel the Service within the specified number of days in the Trial Period after the Activation Date – if none are specified the number of days will be 14 from the date of service activation; and (2) return the Equipment, if received directly from Napa internet services, undamaged and in original condition within seven days of Service cancellation, with all original packaging, documentation, and accessory materials. If equipment is not returned in its original condition within the allowed 14 days a minimum non-refundable ($39.99 + or greater), equipment recovery fee (dependant upon value of equipment purchased) will be charged to the method of payment you used when singing up for the Napa internet services Service. Retail Customers who purchased the Equipment from a Napa internet services authorized retail dealer must return the Equipment to the dealer where it was purchased, and are subject to the terms and conditions of that dealer with respect to any refund of the purchase price of the Equipment. No refund of usage charges will apply, including but not limited to, international calling and directory assistance charges. Equipment must be returned with a valid return authorization number obtained from Napa internet services customer service, following prescribed procedures. You are responsible for the cost and risk of return shipping, unless otherwise specified in the terms of the promotional offer that applied to your enrollment and activation. Disconnection Fee - You will be charged a disconnection fee of $39.99 per voice line if your Service is disconnected for any reason after the Money Back Guarantee period and within the first year following the activation of your Service dependant on whether account is activated as annual or month to month. Risk-Free Trial - limitations and Conditions. We offer a fourteen (14) day money back guarantee from the date of activation of your Service (different periods apply for Retail Customers depending on the applicable offer details contained in the advertising or online content of the retail store or dealer that sold the Retail Customer the Equipment). The money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund the activation fee, the monthly charge for the first month of Service, shipping charges and the disconnection fee provided that: you have not exceeded 250 minutes of usage; you cancel your Service within the applicable period; you return the Device to us if purchased with Napa internet services Internet Services in original condition, normal wear and tear accepted, within 14 days after the cancellation of your Service; the Device is returned in the original packaging with the UPC or bar code intact and is accompanied by all components, accessories, parts, manuals, registration cards and other documentation; and prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at billing@Napa internet services.com or 1-707-299-1000 ext. 124 Napa internet services may not be able to refund all federal excise taxes and any other applicable taxes. You will be responsible for any charges for international usage, payphone calls to Napa internet services toll free numbers and directory assistance. We reserve the right to disconnect or revoke this money back guarantee at any time, without prior notice. Napa internet services may not be able to refund all federal excise taxes and any other applicable taxes. You will remain responsible for any charges for international usage, payphone calls to Napa internet services toll free numbers and directory assistance. We reserve the right to disconnect or revoke this money back guarantee at any time, without prior notice. Payphone Charges. If you use our "Toll Free" feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs. Charges for Directory Calls (411). We will charge you $1.00 for each call made to Napa internet services directory assistance. This price is subject to change at any time without notice. MONTHLY TERM For monthly service plans (unless otherwise specified as part of a promotion) service is offered on a monthly basis for a term that begins on the date that Napa internet services activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least twenty (20) 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 attempt to disconnect 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, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month's charges in the event that you do not provide the requisite ten-day notice of disconnection prior to the expiration of the then-current term. Expiration of the term or disconnection of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement. Notwithstanding the foregoing, if you disconnect Napa internet services service after the Risk Free Trial Guarantee period (see Risk-Free Trial Guarantee above), but within the first twelve months, Napa internet services charges a disconnection fee of $39.99 per line. Disconnect fees will be charged to the method of payment you used when signing up for the Service, and you hereby authorize Napa internet services to charge your credit card on file if you are paying by credit card, or to debit your account if you are paying by ACH, or if paying by cash or check you agree to pay any invoice sent to you by Napa internet services for the $39.95 disconnect fee. Any returns of Equipment purchased by Retail Customers are subject to the policies of the Napa internet services authorized retail dealer where the Equipment was purchased. RETURN OF EQUIPMENT Napa internet services will waive the $39.99 disconnect fee if you (1) paid any closing balances due at the time of cancellation of your account; (2) return the Equipment, if received directly from Napa internet services, undamaged and in original condition within 14 days of Service cancellation, in like-new condition (normal wear and tear accepted) with all original packaging, documentation, and accessory materials. OTHER TERM COMMITMENTS If you accept an equipment upgrade or other promotion, such as a free month of service, a rebate or other incentive, there may be a term commitment associated with the benefit you accepted. Your term begins the date you activate the new equipment or accept the promotion and ends on the last day of the commitment period. The commitment period will be disclosed as part of the promotion. If you disconnect service prior to the end of the commitment period, you agree to pay Napa internet services a recovery fee for the promotion and/or promotion you accepted. Recovery fees are cumulative and in addition to any other charges or fees you may owe Napa internet services and any fees or charges that Napa internet services requires upon disconnection of service, such as those described herein. Each recovery fee is an amount equal to the difference between the price you paid and the regular price of the good or service at the time you accepted the equipment or promotion. Napa internet services Annual Plans. The annual service fee associated with the optional Napa internet services Annual Plans represents payment for twelve consecutive months of Service commencing on the Activation Date. You will be responsible for any additional charges for services or usage not covered by the plan, billed on a monthly basis. If you cancel the Service prior to the end of the annual period, you will receive a refund on a prorated fee basis for remaining full month periods, less outstanding charges. At the conclusion of the annual period, your Service will automatically renew for a subsequent twelve-month period at the then-current renewal price for the Napa internet services Annual Plan, unless you choose to switch to an alternate pricing plan or cancel Service prior to the anniversary of the Activation Date. Price and Price Changes. Prices and charges relating to the Service are posted on the Napa internet services website or notified by email or written mail. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than fifteen days (15) after posted on the Napa internet services website or (2) you are otherwise notified of the changes. Failure to Pay. We may suspend, restrict, or cancel the Services and this Agreement if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service. NSF Checks or ACH Auto-Debits. You will be charged $25 for any attempt to bill you via ACH, Online Check or Check payment that bounces or is returned NSF (Non Sufficient Funds). Late Payment Charge. We may add interest charges to any past-due amounts at the lower of 10% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit or debit card, we will charge you an additional $15.00. If the state where you receive the Service requires a different fee, we will charge you that amount. Taxes. You are responsible for, and must pay, any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, fees, or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or associated equipment. These amounts are in addition to payment for the Service or equipment and will be billed to your credit or debit card as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date Napa internet services receives this documentation. Taxes will be in the amounts specified by federal, state, and local authorities. Service Interruption. You acknowledge and agree that credit allowances for interruption of the Service will not be provided. Billing Disputes. You must notify Napa internet services within seven days after receiving your credit or debit card statement if you dispute any Napa internet services charges on that statement or such dispute will be deemed waived. INDEMNIFICATION You agree to defend, indemnify, and hold Napa internet services, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Equipment or its installation, or this Agreement, including, but not limited to, 911 Emergency Dialing or dialing associated with a security system. You agree that Napa internet services should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence. Notwithstanding the foregoing, your indemnification obligations related to 911 emergency dialing are more expansive, as described above. LIMITATIONS OF LIABILITY BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF NAPA INTERNET SERVICES SERVICE DESCRIBED HEREIN. NAPA INTERNET SERVICES'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF NAPA INTERNET SERVICES RELATED TO THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY , OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY NAPA INTERNET SERVICES'S INTENTIONAL MISCONDUCT.OR GROSS NEGLIGENCE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NAPA INTERNET SERVICES HAVE ANY LIABILITY TO YOU WHATSOEVER ON ACCOUNT OF ANY ACT OR OMISSION OF NAPA INTERNET SERVICES RELATED TO 911 EMERGENCY DIALING. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. NAPA INTERNET SERVICES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF NAPA INTERNET SERVICES OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM. WARRANTY LIMITATIONS EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EQUIPMENT, OR ANY OTHER EQUIPMENT AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, NAPA INTERNET SERVICES EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. DISPUTE RESOLUTION BY BINDING ARBITRATION IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. Any dispute or claim between you and Napa internet services arising out of or relating in any way to the Service or the 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 be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND NAPA INTERNET SERVICES BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. The arbitration shall be conducted in English in the State of California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Napa internet services may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, necessary to protect the rights or property of you or Napa internet services pending the completion of arbitration. YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. MISCELLANEOUS General Provisions. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by Napa internet services to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the Napa internet services website, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Napa internet services is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Events Beyond Our Control. Napa internet services will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent. Privacy. Napa internet services Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Napa internet services is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you on the Napa internet services website for additional information. Survival. The provisions of this Agreement relating to indemnification (including those relating to 911 Emergency Dialing), limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service. Non-Waiver. Failure by Napa internet services to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of Napa internet services to insist upon strict performance hereof or any of its rights and remedies. Changes to this Agreement. Napa internet services may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the Napa internet services website, currently located at www.napanet.net Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the Napa internet services website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service. Where required by law, customers who cancel their service within the first three days, or seven days, as applicable, following acceptance of this Agreement will be refunded all charges incurred with respect to their account. Napa Internet Services, Inc www.Napa internet services.com