Viper Networks, Inc.

This agreement is between Viper Networks Inc. and the Registered Customer using and paying for the Viper Networks VoIP Services. A Viper Networks registered Customer is described as a legal-aged paying consumer that has purchased one of the products and has been enabled on the Viper Networks’ network to use the Viper Networks VoIP Services and represents to be a Business entity or a legal-aged Individual person consuming the services in their domicile, herein referred to as a Residential Customer.

Once the Customer has paid and is able to consume Viper Networks services in accordance with the particular product the Customer purchased, including service-related hardware devices or telecommunications services as described on the Viper Networks Web site – www.vipernetworks.com or Marketing and Sales materials, the Customer acknowledges that they have informed themselves about VoIP services, including its advantages and disadvantages, and that the Customer has read and accepted the Terms and Conditions of this Agreement and acknowledges that they are bound by these Terms and Conditions and Viper Networks represented product descriptions and Viper networks products and services associated fees, penalties and charges. Viper Networks reserves the right to make modifications and changes to this agreement as it deems necessary.

Customers understand, agree and acknowledge that VoIP services differ significantly from traditional land-line voice services. Viper Networks VoIP services are versatile and portable but much like the Cell phone services, they differ from land-lines with respect to power availability and because of their portability, 911/E911 Emergency service access. They also differ from traditional telecommunications services in that VoIP services are NOT telecommunications services and are not bound by traditional telecommunications laws and regulations. Viper Networks may not be the correct solution for all Customers, based on their tolerance to service disruptions due to power outages, tolerance to possible disruptions to accessing emergency 911/E911 services, and other traditional voice service technologies they are used to. Customers should consider carefully their particular needs, technology requirements, economics versus service requirements, and services before ordering the Viper Networks VoIP services.

The nature of VoIP services is such that one is able to use their telephone line from any Internet access in any part of the Country or even other Countries. As such, much like the traditional service providers, the Customer acknowledges and agrees that Viper networks can only provide access to 911 or E911 Emergency Services AT THE REGISTERED ADDRESS PROVIDED BY THE CUSTOMER WHEN THE CUSTOMER PURCHASES THE INTERNET PROTOCOL VOICE SERVICE(S) FROM VIPER NETWORKS AND ONLY IN THOSE AREAS WHERE VIPER NETWORKS PROVIDES 911 OR E911 SERVICE. VIPER NETWORKS WILL MAKE EVERY EFFORT TO DISCUSS THE 911/E911 ISSUES WITH THE CUSTOMER AT THE TIME OF PURCHASE BUT THE CUSTOMER IS ULTIMATELY RESPONSIBLE TO INFORM THEMSELVES, MAKE SURE THAT THE SERVICE IS AVAILABLE IN THEIR AREA AND, WHERE AVAILABLE, PROVIDE AN ACCURATE LOCAL ADDRESS WHERE 911/E911 EMERGENCY PERSONNEL CAN GET TO THEM, SHOULD AN EMERGENCY OCCUR.THE CUSTOMER IS RESPONSIBLE TO INFORM ANY PERSONS RESIDING OR STAYING IN THEIR DOMICILE OR PLACE OF BUSINESS OF THESE LIMITATIONS.

VIPER NETWORKS IS NOT AUTHORIZED TO TEST THE ACCESS TO THE 911/E911 EMERGENCY SERVICE, EVEN IN AREAS WHERE VIPER NETWORKS PROVIDES ACCESS TO 911/E911 SERVICES, ON BEHALF OF THE CUSTOMER TO MAKE SURE THE ACCESS TO THE SERVICE IS FUNCTIONING PROPERLY NOR CAN VIPER NETWORKS AUTHORIZE THE CUSTOMER TO MAKE THE TEST CALL. IT IS THEREFORE THE RESPONSIBILITY OF THE CUSTOMER TO MAKE ARRANGEMENTS WITH THEIR LOCAL 911/E911 EMERGENCY SERVICE PROVIDER TO MAKE A TEST CALL FROM THEIR REGISTERED LOCATION TO MAKE ABSOLUTELY SURE THAT THEY CAN REACH THE 911/E911 OPERATOR AND THAT THE REGISTERED ADDRESS IS THE ONE THEY PROVIDED TO VIPER NETWORKS WHEN ORDERING THE VIPER NETWORKS’ VOICE SERVICE(S) IN ORDER THAT EMERGENCY RESPONSE PERSONNEL CAN PROPERLY BE DISPATCHED TO THEIR LOCATION SHOULD AN EMERGENCY ARISE. THE CUSTOMER FURTHER ACKNOLEDGES AND AGREES THAT IT MAY TAKE IN EXCESS OF TEN(10) DAYS FROM THE DATE OF ORDERING VOICE SERVICES FROM VIPER NETWORKS TO THE TIME ACCESS TO 911/E911 SERVICE IS PROVIDED. IN ADDITION, VIPER NETWORKS RECOMMENDS THAT AN ALTERNATE ACCESS TO 911/E911 SERVICES BE MAINTAINED BY THE CUSTOMER.

Although the Customer is at liberty to take their communications device, such as the V-phone, with them and use the Viper Networks Voice Services from any Internet portal, Customer understand and agrees that access to 911/E911 services will only be supported for the 911 Registered Address which the Customer provided when ordering the Voice services from Viper Networks.
Traditionally, when a Customer moves to another address, they would call their telecommunications service provider and have their line moved to the new address where 911/E911 services would be enabled and the new address registered with 911/E911 provider in their new area. Because it is possible to access Viper Networks VoIP services from any Internet portal, Customers may be negligent in calling Viper Networks to report their new address and make the new address the 911/E911Registered Address in the new area. Customer understands and agrees that in these circumstances, Viper Networks will not be able to provide access to the 911/E911 service provider in the new area unless notified. Customers are required to call in advance before moving to make sure Viper Networks provides access to the 911/E911 services at their new location and, if access is available at the new location, provide the new address to be registered with the 911/E911 service provider in the new area.
Traditionally, telephone service is powered by the service provider and as such, is rarely affected by power outages. Alternatively, Internet Protocol telecommunications devices that enable voice conversations over the Internet are powered by the Customer provided AC power (wall-plug). Customers should be aware, understand and agree that unless the ‘house’ power is functioning or their VoIP services Internet voice adaptor access device is connected to ‘battery back-up power’, access to their Viper Networks Voice services will not be available during power disruptions and subsequently, access to 911/E911 will not be available. Viper Networks recommends that an alternate access to telecommunications services be maintained by the customer.
Customers should also be aware, understand and agree that incidents such as a connection failure to their Internet Service provider, degradation of speed by their Internet Service Provider or the Internet in general, denial of service attacks, worm attacks, hacker attacks, viruses and other yet unknown or known conditions that may interfere with the required flow of Internet Protocol traffic, delays that may occur in making a 911/E911 Registered Location and Telephone Number available in the national telecommunications databases when porting a number form another service provider and when ordering a new number from Viper Networks.
Customers should be aware, understand and agree that if the Internet Protocol telecommunications device becomes damaged, stops functioning or configured improperly, access to 911/E911 and their Viper Networks VoIP services will not be available.
Customers should be aware and agree that unlike traditional telecommunications voice services, access to the 911/E911 service will not work if the subscriber’s Viper Networks Internet protocol voice service(s) is suspended for lack of payment or breach of these Terms and Conditions.
Customers understand and acknowledge that because it may take in excess of ten (10) days for 911/E911 access to be activated even though they may be able to use their Viper Networks voice services in the meantime, the Customer should make sure they have an alternate method of access to 911/E911 services.
In circumstances where Viper Networks cannot provide 911/E911 service and informs the Customer at the time they are ordering the VoIP services from Viper Networks and the Customers insists on purchasing and using the Viper Networks VoIP services anyway, the Customer understands and agrees that Viper Networks will be held harmless and the Customer waives any legal, moral or ethical rights or actions against Viper Networks due to unavailable access to 911/E911even if such lack of 911/E911 access results in, but not limited to damages, illness, disability or loss of life.

The Customer understands, agrees and acknowledges that prompt and timely payment for their Viper Networks VoIP services is required.

Non-payment by Customers for the Viper Networks IP services for will result in their service being suspended. Customers acknowledge, agree and understand that once their services are suspended, they will no longer be able to place or receive calls, including to and from the Emergency 911/E911 service.

In the case of service suspension, the Customer will not hold Viper Networks, its Officers, Directors, Employees, Agents, Partners, Suppliers, Affiliates, and Subsidiaries up to but not limited to other Viper Network associated entities, liable or responsible in any form or fashion resulting from not being able to make Viper Networks voice services VoIP calls or receive Viper Networks voice services VoIP calls. The Customer will hold Viper Networks harmless for, but not limited to, such items as any inconvenience, damage, monetary loss, and monetary loss of Business, loss of Business, fire, theft, hostage situations, or failure to access the 911/E911 Service resulting in illness, permanent disability, other medical conditions or loss of life.

The nature of VoIP services is such that service availability is affected by a number of factors beyond Viper networks control. Viper Networks obligation to the Customer will be limited to re-imbursement of only the Customer’s monthly invoice proportional to the number of days the service was interrupted provided that the interruption was caused by the failure of a network element that is within Viper Networks access and control.

In the case of service interruption, the Customer will not hold Viper Networks, its Officers, Directors, Employees, Agents, Partners, Suppliers, Affiliates, Agents and Subsidiaries up to but not limited to other Viper Network associated entities, liable or responsible in any form or fashion resulting from not being able to make Viper Networks voice services VoIP calls or receive Viper Networks voice services VoIP calls. Viper Networks will not be held responsible or liable for, but not limited to, such items as any inconvenience, damage, monetary loss, penalties, fines, losses, monetary loss of Business, loss of Business, legal fees, fire, theft, hostage situations, or failure to access the 911/E911 Service resulting in illness, permanent disability, other medical conditions or loss of life.

The Viper Networks VoIP services are offered on a month-to-month basis for Residential Customers and on an as agreed Contract Term basis, for Business Customers. Viper Networks also offers a discounted pre-paid yearly subscription to both Residential and Business Customers. Ask one of Viper Networks’ Sales representatives for discount details and the yearly pre-paid plan.

The Customer may cancel the Viper Networks VoIP services at any time with the following provisions:

Viper Networks offers the Customer a thirty (30)-day full satisfaction trial period of its VoIP services. If before the end of the thirty-day period, the Customer is not satisfied with the VoIP services provided by Viper Networks, the Customer may cancel their services and will be refunded the entire amount of their monthly flat-rate payment made to Viper Networks. In the case of the Internet voice adaptor, Viper Networks will refund the entire amount of the purchase price provided that the device is returned in good working order, the device is clean, the device is returned in its original packaging and with the original supplementary components that were part of the device package when it was shipped to the Customer. Any International or Long Distance calls made by the Customer prior to canceling services within the first 30 days will be billed to the Customer and are not refundable.
The Customer is strictly prohibited to sell, lease-out or transfer any Viper Networks VoIP Services, interface devices and software without written permission from an authorized Viper Networks Officer.
For Residential Customers, the VoIP services and associated hardware and software are intended for the sole use of the individual that is legally registered on the account (the account owner) with Viper Networks and family members residing at the same domicile. The registered account owner is solely responsible for the usage of the VoIP services and associated hardware and software for individuals residing at or visiting the registered domicile when using the Viper Networks VoIP services as to usage and Long Distance calling and applicable terms and conditions of this agreement.
For Business Customers, the IP services, associated hardware and software are intended to be used by that Business per the contract agreement between Viper Networks and that individual Business and applicable parts of this agreement.
Residential Customers are not Business Customers and therefore, a Customer must not use their Residential VoIP services to conduct Business where such conduct will surpass the Residential allocation of ‘Virtually Unlimited’ minutes allocation as specified in this agreement. Activities such as, but not limited to, include autodialing for obtaining valid telephone number lists, telemarketing of any kind (charitable and political polling included), fax broadcasts, or any other activity that results in excessive VoIP services usage inconsistent with normal residential usage patterns. At its sole discretion, Viper Networks reserves the right to immediately terminate the Customer VoIP service(s) without any notice or to automatically upgrade the service and assess additional monthly charges as well as retroactively assess additional monthly charges for the previous months in which the excessive usage had occurred. For those Customers requiring extensive calling, Viper Networks offers a Business-class product that provides for a higher allocation of monthly calling minutes.
Business and Residential Customers are solely responsible to safe-guard their User ID’s and Passwords as issued by Viper Networks for accessing their account on-line. The Customer is also responsible to safe-guard the authentication key used issued by Viper Networks to Customers enable their account and to authenticate usage on their account. Viper Networks makes every effort to guard the Customer’s privacy and safe-guard their personal Information. The Customer understands and agrees that Viper Networks will be held harmless for any fraudulent actions upon their account due to someone else having obtained their User-ID, Password or V-key number to access their account
The Customer understands and agrees that voice calls using the Viper Networks VoIP services may be transmitted over the unsecured public Internet and as a result, the information being transmitted (voice calls) may be monitored, intercepted or corrupted. In such circumstance, the Customer understands and agrees that Viper Networks will be held harmless and blameless for any such actions upon their VoIP service conversations.
The Customer understands and agrees that some traditional dialing and operator services will either not be available with the Viper Networks VoIP services or, due to the nature of the service, will no longer be necessary. With the exception of 911and 411 in areas where these are offered by Viper Networks, services such as but not limited to 0+, 9xx, 10-10, 311, 511, 611, etc. will not be available with the Viper Networks VoIP services.
The Customer understands and agrees that it is strictly prohibited to use the Viper Networks VoIP services for any illegal activities where such activities may violate Civil or Criminal Laws. Included activities such as, but not limited to, actions that would disrupt the Viper Networks network preventing Viper Networks from providing service in whole or in part, actions that would prevent Viper Networks from partially or wholly billing the Customer or other Customers for the VoIP services, unlawful actions that may cause civil-unrest, riots, and acts of terrorism, acts of planning unlawful activities, etc. If Viper Networks uncovers any such activities, in its sole judgment, Viper Networks may terminate the VoIP service to the Customer without notice. Furthermore, the Customer understands, agrees and consents to Viper Networks forwarding any unlawful materials, calling patterns, billing and/or unlawful conversations to the applicable Civil, State or Federal authorities, and assist the legal authorities in their investigations against the offending Customer.
The Customer understands and agrees that, at its sole discretion, Viper Networks will terminate the VoIP services to the Customer without any prior notice if the Customer is discovered to have been tampering with the Internet voice adaptor or the Viper Network s network in general. Furthermore, depending on the gravity of the tampering, Viper Networks may, at its discretion, proceed with legal actions against the offending Customer.
The Customer understands and agrees that theft or attempted theft of any kind of the Viper Networks VoIP services will result in immediate termination of service without prior notification.
The Customer understands and agrees that if their Internet voice adaptor is lost or stolen or that they suspect their services are being stolen, the Customer will inform Viper Networks immediately. Until such notification, the registered Customer is solely responsible for any additional charges incurred by the Customer as a result of the theft or loss. Depending on circumstances, Viper Networks, at its sole discretion, may decide to limit the Customer’s liability for extra charges incurred as a result of the theft or loss.
Customer understands and agrees that it is strictly forbidden for the Customer to sell a Viper Networks assigned telephone number.
Viper Networks is licensed to operate in a number of Countries around the world as published on the Viper Networks WEB site. Because of the nature of the service Customers may wish to bring their Internet voice interface devices with them when traveling. It is legal for Customers to bring and use the Viper Networks VoIP services in the Countries where Viper Networks is licensed to offer the service as well as some countries that legally allow voice calls over the Internet. However, some Countries legally prohibit the use of devices that enable voice calls over the Internet. If Viper Networks discovers that a Customer is using its VoIP services illegally in a particular Country, at its sole discretion and without prior notice, Viper Networks will terminate the service to that particular Customer.
Customers understand, agree and consent to occasional audits of their accounts, calling patterns, conversations subject to United States Patriot Act and similar laws in other Countries where Viper Networks operates and subject to the particular Country’s law enforcement processes.
Customers understand and agree that credit allowances will not be applied for service interruptions.

The Customer may decide to keep their current telephone number when transferring to the Viper Networks VoIP services. The Customer understands and agrees that provided that Viper Networks has the network infrastructure to accept the telephone number, Viper Network will require a Letter of Agency (LOA) containing the authorization from the Customer to transfer the number from their current provider, the authorization to notify their current provider of the Customer’s intent to port the telephone number and service to Viper Networks, and a declaration that the Customer is the registered Customer of the current provider and is authorized to initiate the porting of the phone number from the current provider. In addition, the Customer understands and agrees that they must have their Viper Networks VoIP service enabled and the Internet interface installed and functioning prior to the porting of their services from the current provider. The Customer understands and agrees that their current provider may delay the porting of the telephone number for such reasons, but not limited to, if their account is not up to date, if the carrier has a porting process which may take longer than expected, if the carrier actually is able to release the telephone number, that the Carrier wishes to release the telephone number, etc. The Customer further agrees and understands that the Customer is solely responsible to their current service provider for any outstanding charges, penalties, fees, etc. on their account.

Viper Networks may, at its sole discretion, release a telephone number to be ported by the Customer to another carrier. Customers deciding to leave Viper Networks and wishing to port their Viper Networks telephone number to another carrier may do so by following the following process and abiding with the following provisions of the process.

Because of the nature of VoIP services allowing Customers to be both stationary at one location and totally mobile when using the service, Viper Networks requires that Customers pay their invoice by either a valid Credit Card or automated debit of funds from their checking or savings account from a valid banking institution. As a consequence, Customers understand and agree that they must authorize Viper Networks when they order their services to either automatically bill their Credit Card or debit their Bank Account, whichever was provided by the Customer. Customers understand and agree that Viper Networks has no objection if a person decides to pay for the Viper Networks VoIP services for another person. However, the person paying for the services will be the Customer of record and will be responsible for any charges, fees and penalties levied on their account for services rendered by Viper Networks. In such circumstances, the Customer agrees and understands that they are responsible to provide a valid registered address for 911/E911 where the service will be used from and where the 911/E911 Emergency authorities will be dispatched to in case of an Emergency even though it may not be the same as the “Billing Address”. Viper Networks requires the Customer to pay their normal monthly charges in advance at the beginning of each month and that charges for International calls are paid on their billing date, normally at the end of the month. Customer ordering services in the middle of any given month, will be charged for services ordered for the remaining days of that month. Viper Networks does not pro-rate charges.

The Customer understands and agrees that they are responsible to install the Internet voice adaptor and hence, service, at the service address in accordance with the Installation guide provided with the device. Billing will commence within 24 hours from the day that the Customer ordered the VoIP services from Viper Networks.

Because of the mobile nature of the of Viper Networks VoIP services, Viper Networks, at its sole discretion reserves the right to limit the number of International minutes to be used by the Customer on a monthly basis and should this limit be exceeded, Viper Networks reserves the right to bill the Customer’s credit card or obtain the funds from their bank account automatically, whichever is applicable, for the charges incurred at the time when the aforementioned limitation has been surpassed. This billing may occur at any time during the month but the Customer will still be billed for their normal monthly usage of VoIP services at the end of each month. The Customer understands and agrees that the Customer is solely responsible for any charges or penalties incurred from their banking institutions or credit card companies as a result of but not limited to insufficient funds in their bank account, limit surpass on their credit card, etc. Furthermore, the Customer understands and agrees that any charges incurred by Viper Networks as a result of Customer accounts not having sufficient funds at the time they are billed, Viper Networks will add the charge amount incurred to the Customer’s invoice. The Customer understands and agrees that it is the Customer’s sole responsibility to provide Viper Networks information on any changes to their address, Credit Card cancellation, Credit Card expiration, or bank account changes, which may affect the automated billing. Additionally, the Customer is solely responsible to maintain sufficient funds in their bank accounts and ensure that their credit card limit has not been surpassed preventing Viper Networks to properly bill the Customer for the services rendered to the Customer. If billing is interrupted in any manner due to Customer action, Viper Networks will make a reasonable attempt to contact the Customer but should it fail in its attempt to obtain a resolution with the Customer within a reasonable amount of time, Viper Networks, at its sole discretion, reserves the right to suspend service to the Customer until the billing issues have been resolved. Viper Networks, at its sole discretion, reserves the right to terminate services to those Customers who habitually have problems paying their bill on time. In circumstances where Viper Networks has made a reasonable attempt to recover the funds owed to Viper Networks, Viper Networks reserves the right to proceed in any fashion it deems fit to recover its legally owed funds from the delinquent Customer.

Viper Networks will provide the Customer with a User ID and Password where they can view their bill ‘on-line’ at the Viper Networks WEB site at any time in near real-time showing them their current month usage and charges. Because of the nature of the VoIP services and the provision that the Customer must have access to the Internet to use the services, Customers understand and agree that they will receive their Invoice on-line only and that Viper Networks will not provide a mailed monthly Invoice to Customers. Those Customer wishing to have a ‘hard-copy’ of their Invoice mailed to them, Viper Networks will apply a charge of $5.00 to the Customer invoice per occurrence or on monthly basis, should the Customer wish to have a mailed version of their invoice each and every month.

Viper Networks offers an annual subscription for its VoIP services whereby a Customer pre-pays for the service for a period of twelve (12) months at a discounted rate. The current discount rate can be obtained from a Viper Networks Sales Representative or can be found on the Viper Networks WEB Site. The annual subscription rate represents the monthly charges for a particular product the Customer ordered. Any additional International calling charges or service additions will be billed monthly or as they occur and the Customer is obligated to provide credit card and/or banking information and is subject to the same terms as mentioned in Monthly Terms for Payment of Viper Networks VoIP Services section of this agreement. Should the Customer decide to Cancel the service before the twelve (12) month period expires, the Customer will be billed in accordance with the service cancellation terms of this agreement. At the end of the twelve (12) month term, the annual subscription will automatically re-new unless Viper Networks has been notified by the Customer not to do so thirty (30) days prior to expiration of the twelve (12) month term.

The Customer must notify Viper Networks within ten (10) days of becoming aware (credit card statement or bank statement receipt) of the charges incurred by the Customer and billed by Viper Networks. In such disputes, Customers should prepare a detailed account of why they feel a particular charge is not applicable for Viper Network to be able to differentiate between errors and possible fraudulent actions enacted upon the Customer VoIP services. If no such notification is received from the Customer within the specified time, Viper Networks, at its sole discretion, may consider the dispute as closed.

Viper Networks VoIP services are offered as various Products designed to suit the Customers’ needs and calling patterns. The description of pricing for these Products and included Features of the product can be found on the Viper Networks WEB site. Viper Networks reserves the right to change the pricing of its Products at its sole discretion. Customers that are on a monthly plan will be notified via the Viper Networks WEB site thirty (30) days prior to any price increase. It is the sole responsibility of the Customer to view the Viper Networks WEB site from time to time and keep them selves informed as to the Viper networks offerings and changes in service. Business Customers that may be under Contract for a particular term will continue to be billed at the contracted rate until the contracted term expires. Once the Contracted term expires, the Customer will be billed at the new rate as posted on the Viper Networks WEB site.

Payment of any applicable federal, state, local, or other governmental current taxes or fees or any future taxes or fees are required to be paid to the applicable authorities by law. The Customer understands and agrees that any such taxes or fees current or yet to be enacted will be applied to their invoice at the rates specified by the applicable government agencies and that the Customer further agrees that they will pay for such taxes or fees that are applicable to the VoIP services and any Internet voice adaptor hardware they ordered from Viper Networks.

The Customer understands and agrees that this agreement is between Viper Networks and its Registered Customers. As such, this agreement does not provide any third-party representation for remedy, claim and/or reimbursement of any kind whatsoever. This agreement and policies stated on the Viper Networks WEB site shall be governed by the laws of the State of Michigan and applies to all Customers regardless of their service location registered address or their domicile. This Agreement constitutes the entire agreement between Viper Networks and its Registered Customers and supersedes all prior agreements, understandings, statements, or proposals concerning the Viper Networks VoIP services, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict or supplement this agreement Any provision(s) found to be unenforceable shall not invalidate any other enforceable provision of this agreement.

The Customer understands and agrees that Viper Network will be held harmless and will not be responsible to the Customer in any way for delays, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, weather, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond Viper Networks control.

Viper Networks, at its sole discretion, may decide to assign all or part of the rights and/or duties described in this agreement to another entity and the Customer understands and agrees that Viper Networks will no longer be obligated to the Customer for the assigned rights and duties. The Customer further understands and agrees that the Customer does not have any right to assign this Agreement in part or in whole without prior written consent from Viper Networks.

Internet Conversations and Data Transmission: Viper Network VoIP services utilize the Public Internet and third party networks to provide transmission paths for its services. As a result, the Customer understands and agrees that Viper Network cannot be held responsible for ensuring the privacy of such transmissions nor will Viper Networks be held responsible in any fashion and will be held harmless should a privacy breach occur.

Customer Private Information: The Customer understands and agrees that Viper Networks will not divulge any private Customer information in part or in whole to any entity other than when required by law or when in pursuit of delinquent Customers and Customers attempting to, or using either the Viper Networks network or services fraudulently.

The provisions of this Agreement relating to indemnification, liability, warranty, billing, and the Customer obligations to pay for the Viper Networks VoIP services, charges and fees shall survive any termination of this Agreement or termination of the Viper Networks VoIP services whether terminated by the Customer or Viper Networks.

In cases where Viper Network, at is sole discretion or omission, fails to exercise any of its rights, provisions or clauses within this agreement does not constitute a waiver of this Agreement or any of its clauses or terms or Viper Networks rights to enforce the Agreement, clauses, provisions or terms of this Agreement.

Viper Network reserves the sole right to make modifications and or changes to any part of this Agreement. If such changes are made, they will be posted on the Viper Networks WEB site, www.vipernetworks.com, under the Terms and Conditions section. The changes will become effective on the date posted. The Customer understands and agrees that if they continue to use the Viper Networks VoIP services and continue to pay for them that they also agree and accept the changes made to the Agreement and that the posted agreement supercedes any other Agreement.

Viper Networks provided devices, software, firmware, published WEB sites and WEB site materials, Marketing Materials, Sales materials, documents, product names, trade-marks, logos, and any other intellectual property is protected by international copyright laws and agreements and is the sole ownership of Viper Networks. Nothing in this agreement can contravene or assign ownership of any intellectual property items owned by Viper Networks to a Customer or any other entity. Furthermore, no employee or Agent of Viper networks can represent that they can assign ownership to a third party of any Viper Networks owned intellectual property items mentioned above but not limited to those items nor should Customers or other entities accept any such representation as legal representation of Viper Networks. Viper Networks Executives, in conjunction with its appointed Board Members can legally and in writing assign ownership and represent Viper Networks in any such transactions.

Where required by law, customers who cancel their service within the first seven days following ordering of the Viper Networks VoIP services and acceptance of this Agreement will be refunded all charges incurred with respect to their account provided they return all the materials and Internet voice interface devices in their original packaging containing all original materials shipped with the device.

THESE TERMS AND CONDITIONS ARE ENTERED INTO BETWEEN VIPER NETWORKS AND ONLY BY THE REGISTERED CUSTOMER. BY ENROLLING IN, ACTIVATING, USING, AND PAYING FOR THE VIPER NETWORKS VoIP SERVICES, THE REGISTERED CUSTOMER ACKNOWLEDGES AND AGREES THAT THEY HAVE READ THESE TERMS AND CONDITIONS, AGREES TO THESE TERMS AND CONDITIONS, AND UNDERSTANDS THE LIMITATIONS OF VIPER NETWORKS VoIP SERVICES OFFERING. VIPER NETWORK'S LIABILITY TO THE REGISTERED CUSTOMER OF ANY ACT OR OMISSION OF VIPER NETWORKS RELATED TO THIS AGREEMENT SHALL BE LIMTED TO THE ACTUAL DAMAGE TO REAL AND TANGIBLE PERSONAL PROPERTY CAUSED BY VIPER NETWORK'S INTENTIONAL MISCONDUCT OR NEGLIGENCE. IN SUCH CIRCUMSTANCES, VIPER NETWORKS WILL NOT BE HELD RESPONSIBLE FOR ANY AMOUNT OTHER THAN THE REAL REPLACEMENT OR REPAIR COSTS OF THE DAMAGED ITEM. IN ALL OTHER CIRCUMSTANCES, VIPER NETWORKS, ITS OFFICERS, DIRECTORS EMPLOYEES, SUPPLIERS, VENDORS, SUBSIDIARIES, AGENTS AND ITS OTHER ENTITIES AND AFFILIATES WILL NOT BE HELD LIABLE WHATSOEVER UNDER ANY CIRCUMSTANCES. FURTHERMORE, THE ACTUAL LIABILITY OF VIPER NETWORKS AND ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY THE REGISTERED CUSTOMER FOR UP TO TWELVE CONSECUTIVE MONTHS OR THE ACTUAL PERIOD THAT THE CUSTOMER CONSUMED THE VIPER NETWORKS VoIP SERVICES, WHICHEVER IS GREATER, IMMEDIATELY PRECEDING THE DATE OF THE CUSTOMER CLAIM FOR INDEMNIFICATION.

WARRANTY LIMITATIONS
VIPER NETWORKS MAKES NO WARRANTEES WHATSOEVER AS TO THE VoIP SERVICE PERFORMANCE, VoIP SERVICE AVAILABILITY, 911 AVAILABILITY, EQUIPMENT OR ANY OTHER NETWORK OR SERVICE ENTITY. UNLESS EXPRESSLY STATED IN WRITING AS PART OF THIS AGREEMENT, VIPER NETWORKS DOES NOT ENDORSE OR AUTHORIZE ANY OF ITS EMPLOYEES, AGENTS OR REPRESENTATIVES TO MAKE ANY CLAIMS, WARRANTEES, GUARANTEES TO THE CONTRARY OF THE CLAIMS, WARRANTEES OR GUARANTEES SET FORTH IN THIS AGREEMENT
DISPUTE RESOLUTION

ANY DISPUTE OR CLAIM BETWEEN THE REGISTERED CUSTOMER AND VIPER NETWORKS IN RELATION TO THE AGREEMENT SHALL BE RESOLVED BY ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE CUSTOMER UNDERSTANDS AND AGREES THAT THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING ON BOTH PARTIES. THE ARBITRATOR, WHILE PERFORMING THEIR ARBITRATION DUTIES AND SUBSEQUENTLY DECIDING OF ANY AWARDS, IF WARRANTED SHALL BE BOUND TO ENFORCE THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT STRICTLY AND SHALL NOT EXCEED ANY AGREED TO REIMBURSEMENTS, PENALTIES, FEES, ETC. AS SET FORTH IN THIS AGREEMENT. THE REGISTERED CUSTOMER AND VIPER NETWORKS BOTH UNDERSTAND AND AGREE THAT NEITHER WILL PURSUE OR CLAIM ANY OTHER DAMAGES THAN THOSE PROVIDED FOR IN THIS AGREEMENT AND THE ARBITRATOR, AND WAIVE ANY RIGHTS TO A JURY TRIAL FURTHERMORE, THE REGISTERED CUSTOMER AND VIPER NETWORKS BOTH AGREE THAT THE ARBITRATION PROCEEDINGS WILL BE HELD IN THE ENGLISH LANGUAGE IN THE STATE OF MICHIGAN. EITHER THE REGISTERED CUSTOMER OR VIPER NETWORK MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN THE STATE OF MICHIGAN NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF THE CUSTOMER OR VIPER NETWORKS PENDING THE COMPLETION OF THE ARBITRATION PROCESS. THE REGISTERED CUSTOMER UNDERSTANDS AND AGREES THAT A DISPUTE BROUGHT FORTH FOR ARBITRATION MAY NOT BE JOINED WITH ANY OTHER DISPUTE OR LEGAL PROCEEDING, INCLUDING BUT NOT LIMITED TO A CLASS-ACTION PROCEEDING.