PAMONET COMMUNICATIONS (PCI) TERMS AND CONDITIONS
("Terms of Use")

Effective 01/01/2008
PamoNet Prepaid Calling Service Agreement - Subject to Change at Any Time in the Sole Discretion of Service Provider
THIS DOCUMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH PCI OFFERS YOU ACCESS TO THE PAMONET CALLING SERVICE PLATFORM. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. IN THESE TERMS AND CONDITIONS, "WE," "US," AND "OUR" REFER TO PAMONET, AND "YOU" AND "YOUR" REFER TO YOU, THE PAMONET CUSTOMER.

If you have any additional questions or comments, please contact info@pamonet.com.

1. Consent: You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you join PamoNet. You also agree:

To use this site for legal purposes only.

Not to interfere or disrupt networks connected to the Service.

To provide true, accurate and the most current information about yourself as prompted by the registration forms

To keep this information updated

If any information provided by you is untrue, inaccurate, not current or incomplete, PamoNet retains the right to terminate your account and refuse any and all current or future use of the services.

2. General Terms:

PamoNet PDS is a pre-paid service;

Calls are billed in increments of one minute, with fractions thereof rounded up to one minute;

Rates vary and are subject to change;

Phone calls made from a pay phone are assessed an additional $0.80 per call;

PamoNet PDS is not intended for placing 500, 700, 800, 888, 877, 866, 855, 900, 976, 411, or 555 number calls, to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls;

PamoNet PDS is not intended for calls placed from Alaska;

No representation or warranty, express or implied, is made regarding available number of minutes to a particular country or remaining number of minutes to a particular country. Any marketing material, rate table, or voice prompts that refer to such information do not account for the charges, fees, rates, assessments, and incremental billing described above.

3. Restrictions:

You agree to use the Service solely for your own noncommercial use. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of PamoNet PDS. You recognize that the Service was developed using significant human capital, proprietary knowledge and trade secrets. You agree to protect the proprietary rights of PamoNet PDS. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the PamoNet PDS site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

4. Fraud:

Please note that CREDIT CARD FRAUD IS A FEDERAL CRIME. All information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses will be collected and provided to appropriate law enforcement officials to assist in the prosecution of any persons attempting to commit fraud using the PamoNet Pinless Dialing service. Furthermore, PamoNet may deny or limit use of the Service for any lawful reason. If PamoNet suspects fraudulent use of the Service, it may be suspended or terminated, and Service calls may be intercepted, without notice. PamoNet will prosecute all offenders to the full extent of the law. PamoNet uses automated and manual systems to confirm proper credit card authorization, including having representatives call persons who have signed up for our service ad/or have unusually high transactions volumes.

5. Promotions:

PamoNet will frequently run promotions for our customers. These promotions are subject to the following rules:

Promotions are subject to change without notice;

Promotion credits (for example "$5 free" and "Refer-a-friend") are applied within 96 hours of sign-up;

Promotions are limited to one person/entity;

Where applicable, new customers can be associated with only one agent;

Promotion cards (for example "$5 free") have no cash value;

Employees of PamoNet Communications Inc. and PamoNet Communications International Ltd are not eligible for Promotions

6. Gift Certificate:

A. Eligible Users for the PamoNet Gift Certificate

The PamoNet Gift Certificate is available only to residents of United States and Canada who are of legal age and who are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, products and services on this web site are not available to minors or persons who reside outside of the United States. If you, the Purchaser, are not 18 years of age or older or if you intend to purchase a PamoNet Gift Certificate for someone who is under the age of 18, please do not attempt to purchase a PamoNet Gift Certificate. Also, if you currently reside outside of the United States or intend to purchase a PamoNet Gift Certificate for someone who resides outside the United States, please do not attempt to purchase a PamoNet Gift Certificate. Additionally, each PamoNet Gift Certificate recipient must have a valid email account and access to the World Wide Web.

B. Acceptance of PamoNet Gift Certificate Purchase Orders

The Purchaser acknowledges that PamoNet has the right, in its sole discretion, to deny access to the Purchaser to any of the products and services available on this site and to refuse the offer of the Purchaser to purchase one or more PamoNet Gift Certificates. The Purchaser acknowledges that his/her acceptance of the terms of this Agreement does not constitute an acceptance by PamoNet of the Purchaser's offer to purchase one or more PamoNet Gift Certificates. Such acceptance, if any, by PamoNet will be evidenced only upon the Purchaser's full completion of the purchase order procedures, the completion of all verification procedures by PamoNet and its service providers, and PamoNet acknowledgment of its acceptance of the purchaser's PamoNet Gift Certificate Purchase Order.

C. Obligations of the Purchaser

The Purchaser is obligated to notify PamoNet of any change in the Purchaser's email address, mailing address, or phone number, any errors in the Purchase Order or in the Purchaser's Representations and Warranties, and is otherwise obligated to cooperate with any reasonable requests of PamoNet in connection with PamoNet’s delivery of a PamoNet Gift Certificate or notification to the intended recipient of the Purchaser's PamoNet Gift Certificate.

D. Obligations of PamoNet Upon Acceptance of a PamoNet Gift Certificate Purchase Order

In addition to the other obligations of PamoNet specifically stated elsewhere in this web site, upon PamoNet acceptance of the Purchase Order, PamoNet will perform the following:

PamoNet will immediately provide access to a receipt (the "Receipt") to the Purchaser for the PamoNet Gift Certificate(s) so purchased, setting forth (i) the U.S. dollar face amount of the PamoNet Gift Certificate(s), and (ii) the name of the Recipient of the PamoNet Gift Certificate . At the same time, PamoNet will email the PamoNet Gift Certificate (the "Recipient Notification") to the Recipient in the name and at the email address of the Recipient set forth in the Purchase Order, along with instructions for redeeming the PamoNet Gift Certificate.

The purchaser acknowledges that PamoNet cannot guarantee the delivery date. PamoNet will attempt to send the e-mail on the designated send date, but cannot guarantee delivery on that date, since PamoNet does not control the delivery networks.

PamoNet will make two (2) attempts to deliver the Recipient Notification to the Recipient at the email address specified by the Purchaser in the Purchase Order. If, after two (2) delivery attempts, PamoNet is unable to deliver the Recipient Notification, PamoNet will notify the Purchaser at the Purchaser's email address that the delivery attempts were returned as undeliverable. PamoNet will not be responsible if the Recipient does not receive the Recipient Notification; provided that PamoNet follows the procedures set forth above.

If the email address of the Recipient provided by the Purchaser is invalid (i.e. PamoNet email attempts are returned as undeliverable), and/or the Recipient does not activate his/her Web-certificate after ninety (90) days Recipient Notifications, the Purchaser will then have the option to request a refund (a "Re-Issuance Request"). All refunds will be applied to the Purchaser's PamoNet account. No refunds will be made in cash. Purchaser shall have ninety (90) days from the date the first Recipient Notification was sent to initiate a Re-Issuance Request (the "Re-Issue Period"). All sales are final after the Re-Issue Period.

E. Refund Policy for Gift Certificate

If, after the first thirty (30) days after the date of purchase, the Recipient has not redeemed or activated their PamoNet Gift Certificate, PamoNet will transfer the balance of that PamoNet Gift Certificate to the Purchaser's account. The balance transfer will only be processed upon receipt of an email message from the Purchaser stating the reason for the refund request, and only if the PamoNet Gift Certificate has not been redeemed or activated by the Recipient or as otherwise allowed for under this Agreement. Refunds are not available to PamoNet Gift Certificate Recipients. Unredeemed Gift Certificates expire after ninety (90) days. Gift certificates are considered redeemed once the Recipient has successfully created a PamoNet account.

No Purchase is required to redeem the PamoNet Certificate.

7. Refund Policy: PamoNet is a prepaid service and as such, there are no refunds. However, we will issue a credit or a refund in the following circumstances:

Incomplete calls (nobody picked up at the other end) that were charged. Upon verification, we will credit your account the amount charged. Verification is at the sole discretion of PamoNet and its employees. PamoNet has the right to reject any request for refunds. Such calls MUST be reported within 3 days of when they were placed and MUST be submitted via email showing the number dialed and the date;

If you have an active account with less than $3 usage, and wish to discontinue the service;

If you have unintentionally created two or more PamoNet accounts and want to close the additional account(s). This will be subject to verification.

If you were incorrectly charged for services not received or for which you did not sign up.
In such cases, you must contact PamoNet within 24 hours of the attempted call or discovery of the erroneous charges.

8. Cancellation Policy: You may cancel your service at any time by providing written notice (either via email or postage service). We will then shut down access to your account within 24 hours. Since this is a Pre-Paid service, we recommend that you use up the remaining balance before terminating the account. PamoNet is not obligated to refund any of the unused balance in your PamoNet account as of the date you discontinue service. Refunds will not be made against any credit obtained through promotions or referrals and any unpaid maintenance fees. PamoNet can only make refunds against funds that were charged against a members credit/debit card.

9. Liability: No warranty, express or implied, is made regarding the condition or fitness of the services offered or use of the service for any particular use or purpose, including warranties of title or implied warranties of merchantability or non-infringement. Nobody is authorized to make a warranty on behalf of PamoNet and you may not rely on any statement of warranty as a warranty by PamoNet. With respect to any allegation, claim, or dispute related to use of the service provided there under, the liability of PamoNet, or any of its employees, agents, or cooperating service Providers shall be limited to an amount equal to the charge for such affected service. IN NO EVENT WILL THE PARTIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. USER ACCEPTS THESE TERMS AND CONDITIONS BY USING THE SERVICE.

You will indemnify, defend, and hold harmless PamoNet and its distributors and agents against all claims of loss or damage arising from use of the Service, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Service, and (b) all other allegations and claims arising out of any intentional act or omission, whether giving rise to criminal or civil liability, by you or others authorized by you to use the Service. PamoNet will not be liable for any act or omission of any company furnishing a portion of the service or of any third party, including those vendors participating in offerings made to You, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with PamoNet services.

No dispute or claim may be brought as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim.

10. Legal Disputes: In the event a dispute arises between you and PamoNet, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PamoNet agree that any controversy or claim at law or equity that arises out of this Agreement or PamoNet services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, PamoNet strongly encourages users first to contact PamoNet directly to seek a resolution. PamoNet will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Resolution of Disputes by Arbitration. PLEASE READ THIS SECTION OF THE TERMS AND CONDITIONS CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.

Agreement to Arbitrate Disputes. You agree that either you or we may elect to require that any dispute between us, including any dispute concerning your PamoNet Account, PamoNet Service, application for access to the PamoNet service, or these PamoNet Terms and Conditions be resolved by binding arbitration. These provisions will not, however, apply to those disputes specifically excluded below.

Disputes Covered by Arbitration. Any claim relating to or arising out of your PamoNet Account, PamoNet Service, application for membership in the PamoNet service or these PamoNet Terms and Conditions, will be subject to arbitration. Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a joint account holder, account beneficiary, or a representative or agent. Disputes include not only claims that relate directly to PamoNet but also its parent, affiliates, successors, assignees, employees, and agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims or otherwise. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.

Disputes Excluded from Arbitration. Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual claim for relief. In addition, disputes involving claims that you have infringed or have threatened to infringe our intellectual property rights are not subject to arbitration.

Administration of Arbitration. The arbitration shall be decided by a single arbitrator, unless either party to the arbitration requests a panel of three arbitrators in which case the arbitration shall be conducted by a panel of three arbitrators (said arbitrator or arbitrators hereinafter referred to as "the arbitrator"). The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act. The arbitrator shall be empowered to award any damages or other relief provided for under applicable law and will not have the power to award relief to, or against, any person who is not a party to the arbitration. The decision rendered by the arbitrator shall be in writing; however, the arbitrator need not provide a statement of his reasons unless one is requested by you or us. The award of the arbitrator shall be final and binding, subject to judicial intervention or review only to the extent allowed under the Federal Arbitration Act. The award of the arbitrator can be entered as a judgment in any court having jurisdiction.

Costs.

The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. If either you or we request a panel of three arbitrators, the party making the request shall pay the fees of those additional arbitrators unless the arbitrator rules otherwise. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, except to the extent the arbitrator assess costs of the arbitration to either you or us.

No Class Action or Joinder of Parties.

You and we agree that no class action, private attorney general or other representative claims may be pursued in arbitration, nor may such action be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction); this is so whether or not the claim may have been assigned.

Right to Resort to Provisional Remedies Preserved.

Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction.

Governing Law.

You and we agree that our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable; the laws of the state governing your account relationship apply.

Severability, Survival.

These arbitration provisions shall survive (i) termination or changes to the PamoNet Terms and Conditions, your PamoNet Account or any related services we provide; (ii) the bankruptcy of any party; and (iii) the transfer or assignment of your PamoNet Account. If one or more of these arbitration provisions are deemed invalid or unenforceable, the remaining portions shall nevertheless remain valid and enforceable.

11. Privacy and Security:

We view protection of users' privacy as a very important principle. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We understand clearly that you and your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. Please click here for more information on our security. You should only log in to your PamoNet account on a page which begins with http://www.pamonet.com or https://www.pamonet.com. All of our pages begin with http://www.pamonet.com or https://www.pamonet.com and therefore you should not use any other site that does not begin as such. If you object to your information being transferred or used in this way, please do not use our Services. (a) To comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service. You further agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete.

12. GOVERNING LAW:

These Terms are governed by and construed under the laws of the State of NEW JERSEY without regard to choice of law principles.