You hereby agree that You understand and acknowledge that the Service is provided to You with all or any of the limitations listed above; that You shall maintain access to primary phone system that will provide You with access any telephone service necessary but not provided by the Service covered by this Agreement; and that You shall ensure that your acceptance of this agreement and use of the Service offered herein is not prohibited or limited by applicable law or regulation of the jurisdiction in which Service will be used.

2. Terms of this Agreement

The term of this Agreement (the "Term") shall be for sixty days from the date DalCom receives electronic notice of your acceptance of this agreement or from the date of the renewal of the account as the case may be. 5 PM of eastern U.S. time on the first day shall be the time for termination of this Agreement. This Agreement shall automatically renew for a period of thirty days at the end of each prior Term unless terminated prior to the expiration of the Term in accordance with this Agreement.

3. Terms of Service

DalCom has every right to suspend your services and void the charges for your transactions.

For all online transactions, Credit Card Fraud is a felony. For that, we will prosecute to the utmost extent of the law in any state.

4. Packages & Air Time

    A. International rates will vary without notice.

    B. One minute rounding is applicable to all calls.

    C. $0.15 per day Package is a prepaid package which will provide you with unlimited calling within DalFon network, the daily charges will be deducted from your account on a daily basis, this package will require a minimum balance in order to receive calls. The account can be recharged at any time through recharge option of the menu on the phone, all calls made to any destinations outside DalFon network will be charged on the basis of published pricing, and there will not be any free minutes outside of the network.

    D. $0.29 per day Package is a prepaid package which will provide you with unlimited calling within DalFon network, will also have the ability to have a local number to receive calls from anywhere out side the network the daily charges will be deducted from your account on a daily basis, this package will require a minimum balance in order to receive calls. In case that the balance on the account is ZERO for more than 14 days, the local number will be lost, and there will and additional charge of $15.00 to reassign a new local number. The account can be recharged at any time through recharge option of the menu on the phone, all calls made to any destinations outside DalFon network will be charged on the basis of published pricing. There will not be any free minutes outside of the network.

    E. $0.49 per day Package is a post paid package, which requires the customer to have a valid credit card on file for charges. The package will provide Client with unlimited calling within DalFon network; will also have the ability to have a local number to receive calls from anywhere out side the network, the daily charges will be charged for a whole month, to your credit card at the beginning of each month in advance plus all toll charges of the pervious month. This package has 300 included minutes to call USA, CANADA or Land Lines in UNITED KINGDOM, All calls made to any other destinations outside DalFon network or above the 300 minutes will be charged on the basis of published pricing.

    F. $0.65 per day Package is a post paid package, which requires the customer to have a valid credit card on file for charges. The package will provide you with unlimited calling within DalFon network; will also have the ability to have a local number to receive calls from anywhere out side the network the daily charges will be charged for a whole month to your credit card at the beginning of each month in advance plus all toll charges of the pervious month. This package has 600 included minutes to call Land Lines in the INCLUDED COUNTRIES (cellular phones in USA and CANADA are included) All calls made to any other destinations outside DalFon network or above the 600 minutes will be charged on the basis of published pricing. Here is a list of Included Countries.

    G. Dalcom will keep the right to charge customers credit card in the middle of month if the use of toll calls will exceed US$100.00

5. Account Termination; Account Suspension

Once the account is terminated, the information whatsoever on the account becomes inaccessible and unrecoverable for your use. Account fees and charges, if any accrued prior to the termination, which may include Pass Through Fees accrued prior to the termination of the account but billed after the account is terminated, shall survive the account termination.

6. Termination by Company

Your account may be terminated by the Company for any or all of the following reasons:

7. Service Outages

Client understand that the success of this Service is dependant upon the networks including but not limited to Internet, electrical utility networks, software and the hardware, which are not under the control of the Company. Therefore, the Company shall not be held responsible or liable for any lack of Service quality or availability attributable in whole or in part to failures or delays of the above-mentioned resources, which are not under the control of the Company. You also understand and consequently agree that the Service may be unavailable during the routine maintenances, upgrades and emergency events. You therefore agree that the Company shall not be held liable for the non-availability of the service or consequences arising there from.

8. Phone Numbers - Title & Portability

You acknowledge that the telephone numbers provided to you to use with your account are the property of the Company and the Company retains all the proprietary rights thereto. Company retains the right to cancel, change, replace or reassign the use of any number at any time at its discretion. In case of suspension of the service by Client the phone number will lost with 15 days of suspension.

9. User Requirements & Restrictions

In addition to restrictions and limitations as provided elsewhere in this Agreement, the following requirements and restrictions are conditions of your use of the Service, the Company Account Manager and Company Network.

You warrant and represent that:

You have the legal capacity to enter this Agreement, have attained the age necessary to enter and perform your obligations under this agreement, and that non-fulfillment or violation of any of these requirements and restrictions mentioned in this section shall become grounds for immediate suspension or termination of account.

10. Minutes Calculation

The call duration shall be calculated from the time the call is connected through the time the call is disconnected. Each call duration shall be calculated in whole minutes with fractions of the minutes be rounded off to the next full one minute increment.

11. Disclaimers of Warranties; Limitation of Liability

COMPANY PROVIDES SERVICES AS IS. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE COMPANY’S SERVICE IS AT YOUR OWN RISK. Uninterrupted or error free Services are either warranted or represented either by the Company or its agents, or its affiliates or third-party vendors or the likes; warranties are also not extended to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Services. Other than any express warranties contained herein, the Company hereby disclaims the warranties of merchantability and fitness for a particular purpose and all warranties. The Company and Client hereby agree that the terms of this Agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement.

Client understand and agree that the Company, its affiliates, agents and vendors shall not be held liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like, that arise out of the use or inability to use the Services; out of the mistakes, omissions, interruptions, deletion of records or files, errors, defects, delays in operation, or transmission; or for any failure of performance; regardless of whether the Company has been advised of such damages or their possibility, or whether the above events are limited to acts of God, communication failure, theft, destruction, or unauthorized access to the Company’s records, programs, or the Services, whether in contract, tort or otherwise.

Client understand and expressly agree that the Company’s total liability and your sole remedy for any non-accessibility to the Services or other downtime is limited to a refund of fees paid, if any, during the Term. Under any circumstances, shall the Company’s liability, including all fees, attorney fees, and costs, do not exceed the total aggregate amount, if any, paid by Client to the Company under this Agreement.

12. Intellectual Property Rights

Apart from the rights expressly granted herein in relation to the use of the Services, this Agreement does not transfer any intellectual property, such as Patents, Copyrights, Trademarks etc., or other property or proprietary rights to you. You hereby acknowledge that all rights, titles, and interest in any Services, including their constituent parts that are provided to Client are the property of the Company, its agents, affiliates and vendors. The Services and their constituent parts are just meant for Client use in connection with the Services provided to Client as mentioned in this Agreement.

13. Hardware, Equipment & Software

Client hereby agrees that Client is responsible for and must provide all computers and Internet connectivity necessary for Client to access the Service.

14. Indemnification

Client agrees that Client shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against Company, its agents, servants, officers and employees, that may arise or result from any provision of the Services to Client or performed or agreed to be performed on Clients.

Without limiting to what has been mentioned in the foregoing paragraphs, Client agrees to defend, indemnify and hold the Company harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Services provided to Client; any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party; copyright infringement; and any defective product which You sold or distributed by means of the Services.

15. Miscellaneous

Governing Law; jurisdiction; forum

All the terms of this Agreement, whether expressly provided herein or implied shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws or its principles. Client agrees, in the event of any claim or suit is brought in relation to the provision of the Services by the Company to Client, to submit to the jurisdiction of the State of New York, and agree that the courts New York as the appropriate forum.

Client understands and agrees that Client and Client’s account users shall:

Notify all potential and actual users including everyone at the location in which the services will be accessed that certain phone functionality, including emergency phone services, is not provided by the Services;

Not permit the tampering or disruption or cause the degradation or unauthorized intrusion of the Service, Company website, Company network or Company Account Manager or software including any type of manual or automated invasion of the same

Not infringe on the rights of the Company’s intellectual property or proprietary information or the intellectual property or proprietary information of others through the use of the Services. All rights and titles to the intellectual property and proprietary information made available in connection with the Service are the sole property and remain the property of the Company and its third party providers;

Not use or allow to be used any auto dialers or other automated applications or devices to access the Service or use them in conjunction with the Service;

Not use the Service with extensive call forwarding continuous connectivity, fax blasting or broadcasting or telemarketing or any other type of use inconsistent with personal, non-commercial use of the Service. Determination of a violation of this restriction is in the sole judgment of Company and shall be grounds in and of itself for account suspension or termination without prior notice; and

Not decompile or reverse engineer or otherwise make attempts to discover the source code for any materials provided in connection with the service (this prohibition is in addition to the terms of the End User license Agreement appended to this Agreement).