HOSTED VOICE MAIL SERVICE TERMS AND CONDITIONS

1. Service: During the term hereof, DVWC, Inc. (“DATAVOICE)” shall provide Customer with the telecommunications services designated on this Service Order and Agreement and Schedule A – Equipment and Services List  ("Agreement").  The services offered by DATAVOICE under this Agreement are offered pursuant to these terms and conditions.  This Agreement and any attachments, constitute the entire agreement of the parties and supersedes all prior discussions or agreements whether written or oral, including but not limited to any advertising, brochures, or solicitations.  Should Customer request additional service(s) subsequent to execution of this Agreement, Customer and DATAVOICE agree to execute an additional agreement for such service(s). Customer agrees to cooperate with DATAVOICE to accomplish service activation by providing DATAVOICE access to Customer's premises and facilitating testing and any other service delivery requirements. Service activation shall commence when DATAVOICE equipment has been installed and telephone service is made available to Customer.

2. Payment Obligation: Customer shall pay DATAVOICE for service pursuant to the terms and conditions of this Agreement.  Prices for service are exclusive of applicable taxes.   No later than thirty (30) calendar days after service activation, DATAVOICE will bill Customer monthly for service provided hereunder.  Invoices shall be due and payable upon receipt. Undisputed charges for service that are not paid within thirty (30) days after the invoice date shall be past due.  The lower of interest of 1.5% per month, or the maximum amount permitted by law, will be charged on past due amounts beginning the 31st day following the invoice date.  If charges are not paid within ninety (90) days of the due date, and DATAVOICE submits the account for collections, Customer shall pay all collection costs including, but not limited to, reasonable Attorney's fees.  Failure to pay said bill within ninety (45) days may result in discontinuance of service.

3. Term and Renewal: This agreement shall be effective upon complete execution by the parties.  The term is set forth on the Service Order and shall commence on the service activation date.   Either party providing the other written notice at least thirty (30) days prior to the termination date may terminate this Agreement at the end of the term.  If customer terminates the agreement before the expiration date, any previously waived setup fees are then payable to DATAVOICE.  If the customer does not renew the agreement before expiration, DATAVOICE will automatically renew this agreement for a similar term and pursuant to the current rates then in effect.

4. Liability / Indemnification / Warranty: DATAVOICE agrees to respond to emergency interruptions of service in a timely manner.  DATAVOICE agrees to maintain and service all DATAVOICE equipment necessary to fulfill the terms of this Agreement at no expense to the Customer.

With respect to claims or suits by Customer, its customers, or any others for damages relating to or arising out of acts or omissions involving initiation installation, provisioning or restoration of any services or facilities offered under this Agreement, DATAVOICE’s liability, if any, shall he limited to the lesser of $50 or, in the event of any failure of service, an amount equal to no more than the proportionate charge (based on the rates then in effect) for the service for the period of time during which the service was affected.  DATAVOICE shall in no event be liable for loss of profits, or incidental, indirect, exemplary, punitive, special or consequential damages suffered by Customer, Customer's customers, or any other persons or entities and relating to or arising out of the services, the system equipment, or any other obligation of DATAVOICE under this Agreement or otherwise, including but not limited to, temporary service interruptions or the failure by DATAVOICE or any third party to repair the system equipment or services, or for any act or omission of any other entity, company or companies furnishing a portion of the service.

IN ACCORDANCE WITH THE REQUIMENTS OF UNIFORM COMMERCIAL CODE, DATAVOICE MAKES NO REPRESENTATION OR WARRANTY EITHER EXPRESS OR IMPLIED REGARDING THE SERVICES OR SYSTEM EQUIPMENT, AND SPECIFICALLY DISCLAIMS ANY WARRANTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUMES NO OBLIGATION WITH RESPECT TO THE ENFORCEMENT OF ANY MANUFACTURER'S WARRANTIES AND GUARANTEES.  NO DEFECT UNFITNESS, OR OTHER CONDITION OF SYSTEM EQUIPMENT OR SERVICES SHALL RELIEVE CUSTOMER OF THE OBLIGATION TO PAY ANY CHARGES HEREUNDER OR PERFORM ANY OTHER OBLIGATIONS UNDER THIS AGREEMENT.