Line1 Communications, Inc.
Terms and Conditions

Please read all of the following terms and conditions regarding the services provided by Line1 Communications, Inc. ("Line1," "our," "us," or "we," as applicable) to its customers ("you"). The terms and conditions set forth herein, and as they may be modified from time to time in the future, shall constitute our agreement by which we shall provide any and all services to you now or in the future ("Agreement"). The current version of these terms and conditions will always be posted at www.line1com.com and/or www.viewyourvoicemail.com.

The terms and conditions in this Agreement constitute the agreement between Line1 and you regarding the comprehensive answering, messaging, message conversion, and information services we offer ("Services"). Our current Services include Voicemail, Automated Attendant, Virtual Office, Telephone Answering, Fax Broadcasting, Voice Broadcasting, Email Broadcasting, Conference Calling, Unified Messaging, Fax-On-Demand, Fax-To-Email, Message/Music-On-Hold. BY USING ANY OF THE SERVICES, YOU THEREBY CONFIRM YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THIS AGREEMENT.

Our Services to you may be provided to you by us directly or through business relationships with independent third parties, subcontractors, or other service entities ("Business Partners"). The use of the term "Business Partners" does not necessarily mean that the relationship between Line1 and such other independent third parties, subcontractors, or other service entities constitutes a partnership, joint venture, or other such relationship. In addition, your access to our Services may require you to utilize services provided by other unrelated parties, including Internet access providers, Internet Service Providers, PBX equipment and service providers, telephone companies, computer hardware and software providers, and other businesses.

If at any time you have a question regarding any of our Services, please contact us at any of the telephone numbers or the email address on our Support page.

1. Billing and Charges. Many current fees and costs are posted at www.line1com.com. All charges are subject to change upon positing on our website unless we have a separate written rate agreement with you, in which case rates shall be subject to change as stated therein or upon 30 days notice to you.

a. Billing. Base service charges for all services are invoiced in advance and any usage sensitive billing increments including, but not limited to fax over pages, 800 usage, long distance, etc. are invoiced monthly. Payment for all billed amounts is due upon receipt. Accounts are considered past due 30 days after the billing date, at which time late fees may be applied.

b. Failure to pay. We may temporarily deny service or terminate this Agreement without notice upon the failure of the subscriber to pay charges when due. Such termination or denial will not relieve you of the responsibility for payment of all accrued charges, plus reasonable interest, late fees, reconnect fees, and/or deposits.

c. Billing Discrepancies. In the event of a billing discrepancy, you must notify us within 30 days of invoice date. No adjustment will be considered after the 30-day period.

d. Taxes, Surcharges, Etc. Any fees or charges in our rate schedules are exclusive of any applicable federal, state, local sales taxes, use, or gross receipts taxes, municipal utility taxes, franchisee fees, 911 charges, communications services tax, or any other tax or regulatory charge associated with the specific Services or equipment you may receive from us. Taxes and regulatory fees, if applicable, may be stated individually or included in any service/equipment charges.

2. User Conduct and Message Content. You acknowledge and agree that Line1 and its Business Partners shall not be held responsible or liable for any information, text, sound, or messages ("Content") that may be transmitted, recorded, converted, or stored in the course of our performance of our Services to you. Accordingly, you agree that you, and not us or our Business Partners, are solely responsible and liable for your use of our Services, including any Content.

We normally do not filter or otherwise amend or alter the Content of messages and we accept no obligation to do so, unless you subscribe to our voice to text conversion service (subject to its terms and conditions). However, in providing any of our Services, we and our Business Partners reserve the right to remove or refuse to transmit or translate Content that violates this Agreement or is otherwise objectionable. We and our Business Partners may preserve Content and disclose Content if we, in good faith, believe that either we are required to do so to comply with or respond to any legal process, to enforce this Agreement, or to obtain advice from professional advisers, including our legal counsel, regarding our rights or responsibilities. You understand and agree that technical processing, conversion (if applicable), and transmission of the Services, including your Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and/or (c) single or multiple human review. We make no guarantee as to the quality or accuracy of any voice to text conversion service.

We are in full support of First Amendment rights under the United States Constitution, but we do not offer Services for your use for any illegal purpose. We may terminate our Services to you if in our reasonable opinion the Services have been used for the purpose of violating any applicable law or we reasonably believe that you have done (or allowed to be done) any of the following using the Services: harass, threaten, embarrass or cause distress or discomfort to any person or transmit Content that we consider to be unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene or racially, ethnically, sexually or otherwise objectionable, particularly taking into account the recipient's age; transmit any Content that infringes any rights of confidence, trade marks, copyright, or other proprietary rights or intellectual property of any party; impersonate any person or manipulate identifiers to disguise the Content origin; or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation. We do not support or condone the use of the Services to send unsolicited marketing material.

3. Availability of Services. We will provide Services to you subject to availability of telecommunications equipment or infrastructure to your location. It is our sole determination as to whether there are adequate facilities to deliver the Service to you. We reserve the right to decline or limit any Services if in our sole opinion there are inadequate facilities or equipment (or some cause beyond our control) necessary for a reliable service.

4. Service Interruptions. It is understood that the Services you receive from us may be subject to the facilities and services provided directly to you from other public utilities or your equipment vendors or to us by one of our Business Partners or other unrelated third parties over which your and/or we may have limited control over with respect to maintenance and repair of these facilities. With respect to our Business Partners or other service providers with whom we have a relationship with, we will work closely with them in order to restore or correct our Service to you. With respect to public utilities or other unrelated third parties, including your equipment vendors, we will work proactively with them on your behalf as necessary to troubleshoot and resolve service problems or service restoration issues in a reasonable manner under the given circumstances.

5. Modifications to Services. We may at any time modify or discontinue, temporarily or permanently, the Services (or any part of them) with or without notice and liability to anyone. We value you, our customers. While we will try to give you reasonable notice under the circumstance of changes to our Services, service interruptions, or other service quality issues, such notice may be limited based upon the circumstances or may be limited only to postings on our website.

6. Termination.

a. By Us. We may terminate this Agreement for nonpayment of any Services or for any violation of this Agreement, with or without such reasonable notice under the circumstances.

b. By you. You may terminate this Agreement upon notice to us. Your liability shall be for any unpaid Services utilized since the last invoice.

7. No Resale of Services. You will not reproduce, duplicate, copy, sell, resell, make available for gain, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

8. Proprietary Rights. The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by intellectual property and other laws. You acknowledge and agree that Content contained in information presented to you through the Services may be protected by copyright, trade mark, patents or other proprietary rights and laws. You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on Content you receive (other than for forwarding messages) or the Software, in whole or in part. You may not access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

9. General Practices Regarding Use and Storage. We may establish general practices (and change such practices without notice) and limits concerning use of the Services, including, without limitation, any fair use policies to be implemented by us, the maximum number of days that messages or other uploaded Content will be retained by us, the maximum number of messages that may be sent from or received by you, the maximum size of any message that may be sent from or received by you, the maximum disk space that will be allotted on our servers to you, and the maximum number of times Content will be resent after failure of a message. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services.

10. Passcodes & Security Issues. Access to some of the Services may require you to use a Login ID and passcode. You are responsible for maintaining the confidentiality of your Login ID and passcodes. You must immediately notify us of any lost, unauthorized use, or breach of your Login ID or passcodes. Upon request and with security verification you may request to reset a Login ID or passcode.

11. WARRANTY DISCLAIMER.

THE SERVICES PROVIDED BY LINE1, INCLUDING ANY OF ITS BUSINESS PARTNERS, UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND LINE1 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SUCH WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. LINE1 MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.

LINE1 MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SOME OF THE SERVICES WE PROVIDE TO YOU REQUIRE INTERNET CONNECTIONS AND/OR VOICE TELEPHONE CONNECTIONS, SERVICES THAT MAY BE PROVIDED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. LINE1 IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION THAT IS DELAYED, LOST, OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR BY SERVICES THAT ARE RECEIVED BY YOUR FROM THIRD PARTIES WITH WHICH YOU MUST CONNECT TO IN ORDER TO ACCESS LINE1'S SERVICES.

LINE1 DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED, OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICES.

LINE1 DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED, CONVERTED, TRANSMITTED, OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED, CONVERTED, TRANSMITTED, OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND LINE1 WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY FROM THE USE OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY.

IN NO EVENT SHALL LINE1 BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. LINE1'S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED ONE MONTH'S CHARGES PAID BY YOU FOR LINE1'S SERVICES, IF ANY.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. Line1 is not liable for any indirect or consequential loss or loss of profits or revenue or investment in the event of (1) loss of data; (2) any loss which is not reasonably foreseeable; (3) promotions, competitions, offers for goods, events promoted on the Service which are run by third parties such as advertisers or sponsors; (4) events beyond our/their reasonable control, including telecommunications or the Internet and computer viruses; (5) factual, technical or typographical errors or omissions, missing or unavailable or incomplete content or the fact content is not up to date; (6) downtime or delays in the Services or in provision of content; (7) voice to text conversion services; or (8) message Content.

Line1 and its Business Partners shall not be liable for any errors or delays in the content of any alert provided through the Services, or for any actions taken by you or any third party in reliance thereon. We do not guarantee that an alert has been or will be delivered, and we shall not be responsible for any losses or missed opportunities incurred by you due to the delayed or non-delivery of an alert through any of the Services. Specific alert delivery times are not guaranteed by us. You agree that some of the Business Partners have specific operating hours and that during non-operational hours we may not have access to information necessary to determine whether an alert should be delivered. You are responsible for determining the criteria (e.g., account activity) which govern your receipt of alerts. You understand that alerts, which may convey information about your account and account activity, will be traveling through an unencrypted medium and may be accessed, used, or misappropriated by unintended third-party recipients. Alerts sent through an unencrypted medium can be activated and deactivated by you at any time. You agree that information transmitted through the Services is not confidential and you acknowledge that you have no expectation of privacy with respect to such information. You agree that Line1 and its Business Partners shall not be liable for any direct, indirect, special, incidental, or consequential damages caused by (a) the unauthorized use or misappropriation of any and all information transmitted through the Services by electronic communication, or (b) any use of information provided to you through the Services.

13. Indemnification. You shall indemnify and hold harmless Line1, its directors, officers, employees and its Business Partners from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by you, your use of the Services and/or any breach of the terms and conditions of this Agreement by you. This indemnification also includes any Content that may be transmitted by or to you through use of our Services.

14. Governing Law. The laws of the State of Florida shall govern this agreement. Venue for any matter under this Agreement shall be in the appropriate court in Leon County, Florida, vested with such jurisdiction.

15. Entire Agreement. This Agreement constitutes the entire understanding between the parties and can be amended from time to time by Line1 by posting such new or amended Terms and Conditions on the Line1 website.

16. Attorneys' Fees. In the event of any disputes arising out of or in connection with this Agreement, the prevailing party therein shall be entitled to recover reasonable attorney fees and costs, whether same were incurred prior to or during any judicial proceedings, including, but not limited to, any trial or appellate proceedings, as well as prior to or during any of the dispute resolution mechanisms set forth herein or which may otherwise be ordered by a court of competent jurisdiction.

17. No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

18. Notices. We may broadcast notices or messages through the Services and/or by posting on our website to inform you of changes to this Agreement, the Services, or other matters as we, in our sole discretion, deem to be of importance to you regarding the Services or potential impacts to the Services. At our election, such broadcast may be sent over email, conventional mail, as a voice transmission, fax, website postings, and/or "pop-up" communication, and any such notice shall be deemed delivered and received on the date on which it is transmitted or posted on our website. Use of our Services constitutes your consent to receiving and acknowledgment of the sufficiency of such notices. Notices by you to us may be transmitted to us via the means set forth on the Support or Contact Us pages of our website.