Conditions of Use

You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service provided by 4G-ECW. In addition, the Service is subject to different regulatory treatment than telephone service. You acknowledge and understand that this treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial governments or telecommunications regulatory agencies.

If you wish to transfer/port an existing telephone number to your 4G-ECW Mobile IP PBX Service, you may do so, if technically feasible. In the event that 4G-ECW is unable to transfer your telephone number due to technical or other issues, it will notify you and explain the options available to you. 4G-ECW recommends that you do not cancel your old service until the porting process is complete and you receive confirmation from 4G-ECW that your number has been successfully ported. You may be able to take, or port, your current 4G-ECW Digital Phone Service phone number to another service provider. After the porting is completed, you will not be able to use our Service for that number. You'll remain responsible for any early termination fee, and for all fees and charges through the end of that billing cycle, just like any other termination. YOU ACKNOWLEDGE THAT AS PART OF THE SIGN-UP PROCESS FOR 4G-ECW SERVICE, YOU HAVE CONFIRMED YOU HAVE WORKING BROADBAND SERVICE. IF YOU REQUEST TO PORT YOUR NUMBER AND YOU DO NOT HAVE BROADBAND SERVICE, YOUR NUMBER COULD PORT, BUT YOU WILL NOT HAVE SERVICE AND WILL NOT HAVE ACCESS TO 911 CALLING.

You are deemed the owner of any device purchased or provided to you for use of the HSI Service and you bear all risk of loss of, theft of, or damage to the equipment, from the time it is received by you. Any replacement equipment will be charged to you at the then current price for such equipment found in 4G-ECW.com. Price Schedule and Technical Requirements found on 4G-ECW.com. If no identical replacement device is available, 4G-ECW reserves the right to provide similar equipment at the same price.

(a) Software. Use of the ECW may require or enable you to download or otherwise install or use certain software that is owned by 4G-ECW or by third parties (the "Software"). By installing the Software and using the equipment with imbedded Software, you are agreeing to abide by all the terms and conditions of this Agreement that related to the Software , including without limitations the terms and conditions of this Section. (b) License. If the Software is accompanied by an end user license agreement (EULA), your use of the Software is governed by the terms of that agreement and by the terms of this Agreement where applicable. You must accept and agree to the terms of the EULA before installing the Software and using the ECW service. (c) Modification. You may not modify the Software in any way or change or delete any notices of any kind that appear on or are used in connection with the Software or the HSI Service. (d) Ownership. You acknowledge and agree that 4G-ECW or a third-party licensor or supplier of the Software, as applicable, owns all right, title and interest in the Software and related documentation. (e) Export. The Software may only be used in the United States. (f) Updates, Upgrades or Changes. You agree to cooperate with 4G-ECW for any updates, upgrades or changes to the Software from time to time. (g) Termination. 4G-ECW may discontinue provision of the Software for any reason, including without limitation if 4G-ECW's agreement with a Software supplier is terminated.

CHANGES TO THIS AGREEMENT

4G-ECW may change this Agreement, including the Acceptable Use Policy, Privacy Policy and rates applicable to the Service, from time to time, in its sole discretion. Notice of such changes will be deemed to be effective on the date the updated Agreement is posted to the 4G-ECW web site. You may review the current Agreement, including the Acceptable Use Policy, Privacy Policy and rates applicable to the Service, at any time by visiting 4G-ECW.com. Please review these documents at www.4G-ECW.com periodically to familiarize yourself with the most current version. This Agreement as posted supersedes all previously agreed to electronic and written versions of this Agreement.

Credit: Applicants for 4G-ECW service(s) may be subject to credit review, as allowed by law. By requesting that service be initiated, you authorize 4G-ECW to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past address, and in the event it becomes necessary, to recheck such information. If you believe that 4G-ECW has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, 4G-ECW may or may not request that said alleged inaccurate information be removed from your credit history. The results of a credit check will determine eligibility for 4G-ECW promotions.

Billing; Payment; Overage Charges: You must establish a valid payment method (credit card or debit card number from Visa, MasterCard, American Express, Discover or any other issuer, or other payment provider, then-accepted by 4G-ECW ) when the Service is activated. 4G-ECW reserves the right, in its sole discretion, to stop accepting credit cards as other payment methods from one or more issuers and/or payment providers.

Billing Disputes: You must notify 4G-ECW in writing within 7 days after receiving your credit card or other payment method statement if you dispute any 4G-ECW charges on that statement or such dispute will be deemed waived. Billing disputes should be delivered to the following address: support@4G-ECW.com.

Payment: 4G-ECW accepts payments only by credit card or debit card or other payment method acceptable to 4G-ECW. The initial placement of your order by clicking the "Continue" button and accepting terms and conditions authorizes 4G-ECW to charge the credit or debit card account number or other payment method on file with 4G-ECW, including any changed information you have given 4G-ECW. Termination of Service for declined or expired card or other payment method, reversed charges or non-payment leaves you FULLY LIABLE TO 4G-ECW FOR ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by 4G-ECW in collecting such amounts, such as (but not limited to) collection costs and attorneys' fees.

Taxes: You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, 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 and Devices. Such amounts are in addition to payment for the Service and will be billed to your credit or debit card or other payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide 4G-ECW with an original certificate that satisfies applicable legal requirement attesting to tax exempt status. Tax exemption will only apply from and after the date 4G-ECW receives such valid certificate.

Limitation of Liability IN ADDITION TO THE DISCLAIMERS OF LIABILITY ELSEWHERE IN THIS AGREEMENT, IN NO EVENT SHALL 4G-ECW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ANY OTHER THIRD-PARTY PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING E911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED IN WHOLE OR IN PART BY ANY OF THE FOLLOWING: 1.) ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; 2.) EQUIPMENT, NETWORK OR FACILITY FAILURE; 3.) EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; 4.) FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD; TERRORISM, STRIKES; FIRE; WAR; RIOT; GOVERNMENT ACTIONS; 5.) EQUIPMENT, NETWORK OR FACILITY SHORTAGE; 6.) EQUIPMENT OR FACILITY RELOCATION; 7.) SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER; 8.) OUTAGE OF CUSTOMER'S ISP OR BROADBAND SERVICE PROVIDER; 9.) ACT OR OMISSION OF CUSTOMER OR ANY PERSON USING THE SERVICE PROVIDED TO CUSTOMER; 10.) ANY OTHER CAUSE THAT IS BEYOND 4G-ECW'S CONTROL, INCLUDING WITHOUT LIMITATION A FAILURE OF OR DEFECT IN ANY SERVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING WITHOUT LIMITATION 911 DIALING) TO BE CONNECTED OR COMPLETED, OR DEGRADATION OF VOICE QUALITY. 4G-ECW'S AGGREGATE LIABILITY FOR (I) ANY FAILURE OR MISTAKE; (II) ANY CLAIM WITH RESPECT TO 4G-ECW'S PERFORMANCE OR NONPERFORMANCE HEREUNDER OR (III) ANY 4G-ECW ACT OR OMISSION IN CONNECTION WITH THE SUBJECT MATTER HEREOF SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. IN NO EVENT SHALL 4G-ECW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL E911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, INFRINGEMENT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT 4G-ECW WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. THIS SECTION 6.1 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Indemnification Customer agrees to defend, indemnify and hold harmless 4G-ECW, its officers, directors, employees, affiliates and agents and any other third-party provider who furnishes products or services to Customer in connection with this Agreement or the Service or Device (and, at 4G-ECW's option, either defend 4G-ECW and/ or its service providers or pay 4G-ECW and/or its service providers cost of defense) from and against all claims, losses, damages, fines, liabilities, penalties, costs and expenses of any nature whatsoever ("Liability"), including reasonable attorneys' fees, related to or arising from: (a) the use of the Service by Customer or any User; (b) any violation of applicable laws, regulations or this Agreement by you or any User; (c) negligent acts, errors or omissions by you or any User; (d) injuries to or death of any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of 4G-ECW; (e) claims for infringement of any intellectual property rights arising from your or any Users' use of the Service, Software, the Internet, Personal Data or Content (as defined below); (f ) claims arising from Content transmitted by or to you or Users; (g) the use of the Services with any interface devices not provided by 4G-ECW; or (h) the absence, failure or outage of the Service, including the 911 emergency response service accessible through the Services, and/ or the inability of you or any User to be able to access emergency response center personnel, whether arising out of misrouting of 911 calls due to your failure to provide 4G-ECW with accurate and up-to-date Service Address information or other information or your failure to follow activation procedures for 911 calling. This Section shall survive termination of this Agreement.

Disclaimer of Warranties. 4G-ECW will provide a limited warranty on the Enterprise Converged Workspace as to manufacturing defects only for a period of ninety(90) days from the date of purchase. This limited warranty applies to any defect or failure, excluding any defect caused by damage in transit, retailer handling or Customer handling. SERVICE AND THE DEVICES ARE PROVIDED "AS IS" AND 4G-ECW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE OR THE DEVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, 4G-ECW DOES NOT WARRANT THAT THE SERVICE OR THE DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER 4G-ECW NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE DEVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS OT 4G-ECW 'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S CONTENT, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 4G-ECW'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY 4G-ECW OR 4G-ECW'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. 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.

You shall assure that your or User's Content and use of the Services will at all times comply with all applicable laws, regulations and written and electronic instructions for use.

You understand that Enterprise or a subsidiary thereof has the right to dial-in to your ECW unit in order to ensure it is working properly during initial installation and testing phases.