REGULATIONS, SERVICES AND SCHEDULE OF CHARGES

APPLICABLE TO

INTERSTATE INTEREXCHANGE MESSAGE TELECOMMUNICATIONS SERVICES

FURNISHED BY

Legent Communications Corporation

d/b/a Long Distance America

P.O. Box 50008

Irvine, CA 92619-0008

866.469.0829

This document contains the descriptions, regulations, and rates applicable to the furnishing of Interstate Message Telecommunications Services provided by Legent Communications Corporation d/b/a Long Distance America and is made available to subscribers and the public in accordance with the Federal Communications Commission’s (FCC) Public Availability of Information Concerning Interexchange Services rules, 47 CFR Section 42.10. A paper copy of this document be requested by contacting Legent Communications Corporation’s customer service department at toll free at 866.469.0829, or in writing directed to the above address.

Thank you for selecting or considering Legent Communications Corporation d/b/a Long Distance America to meet your specialized interstate telecommunications service requirements.

The following pages are intended to provide you with information regarding Legent Communications Corporation d/b/a Long Distance America’s interexchange Message Telecommunications Service rates, charges, terms, and conditions, in accordance with the Federal Communications Commission’s Public Availability of Information Concerning Interexchange Services rules, 47 C.F.R. Section 42.10.

The information which follows governs the relationship between Legent Communications Corporation d/b/a Long Distance America and its interstate message telecommunications service users and subscribers, pursuant to applicable federal regulation, federal and state law, and any client-specific arrangements.

Legent Communications Corporation d/b/a Long Distance America’s interstate Message Telecommunications Service rates, charges, terms, and conditions are subject to change, unless otherwise established under separate agreement. Subscribers will receive no less than 30 days written notice in advance of any service or rate changes.

BY SUBSCRIBING TO, UTILIZING, OR PAYING FOR LEGENT COMMUNICATIONS CORPORATION D/B/A LONG DISTANCE AMERICA’S SPECIALIZED INTERSTATE MESSAGE TELECOMMUNICATIONS SERVICE, YOU AGREE TO THE RATES, CHARGES, TERMS, AND CONDITIONS WHICH FOLLOW. IF YOU BELIEVE THAT YOUR USE OF LEGENT COMMUNICATIONS CORPORATION’S INTERSTATE MESSAGE TELECOMMUNICATIONS SERVICE HAS BEEN MADE IN ERROR, PLEASE CONTACT LEGENT COMMUNICATIONS CORPORATION’S CUSTOMER SERVICE DEPARTMENT IMMEDIATELY AT 866.469.0829.

TABLE OF CONTENTS

Introduction 1

Table of Contents 2

Technical Terms and Abbreviations 3

Rules and Regulations 5

Description of Service 25

Rates and Charges 27

Called Station:

The terminating point of a call (i.e., the called number).

 

Calling Card:

A card issued by Company containing such account numbers assigned to its Customer which enables the charges for calls made to be properly billed on a pre-arranged basis.

 

Company:

Legent Communications Corporation d/b/a Long Distance America

 

Customer:

The person, firm, corporation or other entity which orders or uses service and is responsible for payment of charges and compliance with document regulation.

 

Disconnect or Disconnection:

The termination of a circuit connection between the Originating Station and the Called Station or the Company's operator.

 

TECHNICAL TERMS AND ABBREVIATIONS, Continued

Measured Service:

The provision of long distance measured time communications telephone service to customers who access the Company's service at its contracted interexchange carriers' switching and call processing equipment by means of access facilities obtained from local exchange common carrier(s). Company contacted interexchange carrier is responsible for arranging the access lines.

 

Point of Presence:

The point of physical interconnection between the local exchange company's local network and the interexchange carrier's network ("POP").

 

Subscriber:

See "Customer" definition.

RULES AND REGULATIONS

Company's services are furnished for telecommunications originating and/or terminating in any area between points within the contiguous United States, Hawaii, Alaska and Puerto Rico/U.S. Virgin Islands.

Company is a provider of interexchange telecommunications to Customers for direct transmission and reception of voice, data, and other types of communications.

Company resells access, switching, transport and termination services provided by interexchange carriers.

The Company's services are billed on a monthly basis unless otherwise indicated, and are available twenty-four (24) hours per day, seven (7) days per week.

Customer's charges for Company's service are based on the total time Customer actually uses the service. For billing purposes, the duration of each call will be rounded up in full minute increment unless otherwise indicated herein.

All services provided pursuant to this Document are subject to the conditions contained in this section. The Company may, at its discretion, waive, modify or amend these conditions upon notice to Customer.

RULES AND REGULATIONS, Continued

Service is offered subject to availability of the necessary facilities and/or equipment and subject to the provisions of this Document. Company reserves the right not to provide service to or from a location where the necessary facilities or equipment are not available.

Company reserves the right to immediately disconnect service without incurring liability when necessitated by conditions beyond the company's control or when the customer is using the service in violation of the provisions of this document, the laws, rules, regulations, or policies, of the jurisdiction of the Originating Stations or the Terminating Station, or the laws of the United States including rules, regulations, and policies of the Federal Communications Commission.

The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections.

The Customer obtains no property right or interest in the use of any specific type of facility, service, equipment, telephone number, process or code. All rights, titles and interests remain, at all times, solely with the Company.

The Customer shall not, without prior written consent of the Company, which consent shall not be unreasonably withheld, assign, transfer, or in any other manner dispose of, any of its rights, privileges, or make obligations under this price sheet, and any attempt to make such an assignment, transfer, disposition without consent shall be null and void. In the event of such transfer or assignment, all regulations and conditions contained in this Document, as well as all conditions for Service, shall apply to the assignee(s) or transferee(s).

The Company reserves the right to refuse an application for service by a present or former Customer who is indebted to the Company for service previously rendered pursuant to this Document until the indebtedness is satisfied.

Company may, without obtaining any further consent from the Customer, assign any rights, privileges, or obligations under this Document.

Service may not be used for any unlawful purpose or for any use as to which the Customer has not obtained all governmental approvals, authorizations, licenses, consents and permits required to be obtained by the Customer with respect thereto.

The Company reserves the right to classify service as business or residential. The Company may, at its discretion, levy charges for services which have been misclassified.

The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the terms and conditions of this Document are being complied with in the installation, operation or maintenance of the Customer’s or the Company’s facilities or equipment.

RULES AND REGULATIONS, Continued

LIMITATIONS OF SERVICE, Continued

The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others.

A Customer may not use the services so as to interfere with or impair service over any facilities and associated equipment, or so as to impair the privacy of any communications over such facilities and associated equipment.

Customer use of any resold service obtained from other service providers shall also be subject to any applicable restrictions in the underlying providers’ publicly available price sheets.

A Customer, joint user, or authorized user shall not represent that its services are provided by the Company, or otherwise indicate to its Customers that its provision of services is jointly with the Company, without the written consent of the Company. The relationship between the Company and Customer shall not be that of partners or agents for one or the other, and shall not be deemed to constitute a partnership or agency agreement.

Service may be used for the transmission of communications by the Customer for any lawful purpose for which the service is technically suited.

Service may not be used for any unlawful purpose or for any purpose for which any payment or other compensation is received by the Customer, except when the Customer is a duly authorized and regulated common carrier. This provision does not prohibit an arrangement between the Customer, authorized user or joint user to share the cost of service.

Application for post-paid service may be made verbally or in writing. The name(s) of the Customer(s) desiring to use the service must be set forth in the application for service. Company complies with Commission regulations governing Changes in Subscriber Carrier Selections, and associated service confirmation obligations pursuant to 47 C.F.R. §64.1100 et seq.

The Company strictly prohibits use of the Company’s services without payment or an avoidance of payment by the Customer by fraudulent means or devices including providing falsified calling card numbers or invalid calling card numbers to the Company, providing falsified or invalid credit card numbers to the Company or in any way misrepresenting the identity of the Customer.

RULES AND REGULATIONS, Continued

Application for service may be made verbally or in writing. The name(s) of the Customer(s) desiring to use the service must be set forth in the application for service. Company complies with Commission regulations governing Changes in Subscriber Carrier Selections, and associated service confirmation obligations pursuant to 47 C.F.R. §64.1100 et seq.

Applications for service are non-cancelable unless the Company otherwise agrees. Where the company permits the Customer to cancel an application for service prior to the start of service or prior to any special construction, no charges will be imposed except for those specified below. Where the Company incurs any expense in connection with special arrangement, or where special arrangements of facilities or equipment have begun, before the company receives a cancellation notice, a charge equal to the costs incurred, less net salvage, applies. In such cases the charge will be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disbursements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the special construction or arrangements.

Any special charges will be calculated and applied on a case-by- case basis.

RULES AND REGULATIONS, Continued

Company is not liable for any act or omission of any other company or companies furnishing a portion of the service.

Except as expressly warranted in writing by Company, Company makes no warranty or guarantee, express or implied, and Company expressly disclaims any implied warranties of merchantability and fitness for a particular purpose.

Company shall be indemnified and held harmless by the customer against:

A. Claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material, data, information or other content transmitted over company's facilities; and

B. Claims for patent infringement arising from combining or connecting company's facilities with apparatus and systems of the Customer; and

C. All other claims arising out of any act or omission of the Customer in connection with any service provided by Company.

The Company is not liable for any defacement of, or damage to, the equipment or premises of a customer resulting from the furnishing of services when such defacement or damage is not the result of the Company's negligence.

RULES AND REGULATIONS, Continued

LIABILITIES OF THE COMPANY, Continued

Company shall not be liable for and the Customer indemnifies and holds harmless from any and all loss claims, demands, suits, or other action or liability whatsoever, whether suffered, made instituted or asserted by the Customer or by any other party or person, for any personal injury to, death of any person or persons, and for any loss, damage, defacement or destruction of the premises of the Customer or any other property, whether owned by the Customer or by others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of equipment or wiring provided by Company where such installation, operation, failure to operate, maintenance, condition, location or use is not the direct result of Company’s negligence.

No agents or employees of connecting, concurring or other participating carriers or companies shall be deemed to be agents or employees of the Company without written authorization.

The Company is not liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to, unavoidable interruption in the working of its circuits or those of another common carrier; acts of nature, storms, fire, floods, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or any other governmental entity having jurisdiction over the Company or of any department, agency, commission, bureau, corporation, or other instrumentality or any one or more of such instrumentality or any one of more of such governmental entities, or of any civil or military authority; national emergencies, insurrections, riots, rebellions, wars, strikes, lockouts, work stoppages, or other labor difficulties; or notwithstanding anything in this Document to the contrary, the unlawful acts of the Company’s agents and employees, if committed beyond the scope of their employment.

RULES AND REGULATIONS, Continued

LIABILITIES OF THE COMPANY, Continued

The Company shall not be liable for damages or adjustments, refunds, or cancellation of charges unless the Customer has notified the Company, in writing, of any dispute concerning charges, or the basis of any claim for damages, after the invoice is rendered by the company for the call giving rise to such dispute or claim, within (30) thirty calendar days after the invoice is rendered or a debit is effected by the Company for the call giving rise to such dispute or claim, unless ordered by a court of competent jurisdiction or state or federal regulatory body. Any such notice must set forth sufficient facts to provide the Company with a reasonable basis upon which to evaluate the Customer’s claim or demands.

The Company shall not be liable for any damages, including usage charges, that the Customer may incur as a result of the unauthorized use of its communications equipment. The unauthorized use of the Customer's communications equipment includes, but is not limited to, the placement of calls from the Customer's premises and the placement of calls through Customer-controlled or Customer-provisioned equipment that are transmitted or carried over the Company's network services without the authorization of the Customer. The Customer shall be fully liable for all such charges.

The Company shall not be liable for damages or adjustments, refunds, or cancellation of charges unless the Customer has notified the Company, in writing, of any dispute concerning charges, or the basis of any claim for damages.

The Company will use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of, and compliance by the Customer with, the regulations contained in this Document. The Company does not guarantee availability by any such date and will not be liable for any delays in commencing service to any Customer.

RULES AND REGULATIONS, Continued

The Customer is responsible for the payment of all charges for service(s) provided under this document and for the payment of all assessments, duties, fees, surcharges, taxes, or similar liabilities whether charged to or against the Company or the Customer. This includes but is not limited to amounts the Company is required by governmental, quasi-governmental, or other entities to collect and/or to pay to designated entities. The Company may adjust its rates and charges or impose additional rates and charges on its Customer in order to recover these amounts. Unless specified otherwise herein, if an entity other than the Company (e.g., another carrier or supplier) imposes charges on the Company in connection with a Customer's Service, that entity's charges will be passed through to the Customer. The Customer is responsible for the payment of all such charges.

Customer shall notify the Company of any interruption in service. Before giving notice, the Customer shall ascertain that the trouble is not being caused by action or omission of the subscriber, not within his control or is not in wiring or equipment annexed to the Company's terminal.

Customer is responsible for fault trouble-shooting and isolation of premise equipment and transmission signals and quality. Customer shall be liable to Company for the payment of a service charge for trouble-shooting and fault isolation for costs resulting from Company identification of a customer equipment malfunction that was reported by Customer as a service error, or fault, or where the Customer's equipment malfunction created a degradation of network facilities or service regardless of who identifies the trouble.

Customer shall comply with minimum protective criteria, as may be prescribed by the Company to protect equipment and facilities.

Customer shall be responsible for ensuring the Customer-provided signals will not result in interference with any of the services provided by Company. All signals must be of the proper type, bandwidth and other technical parameters, so as not to damage the Company's equipment or degrade service to other subscribers. It shall be the subscriber's responsibility to provide adequate electrical power, wiring and electrical outlets necessary for the proper operation of the Company's equipment on their premise.

A Customer of toll-free services is responsible for payment for all calls placed to or via the Customer’s service number(s). This responsibility is not changed by virtue of any use, misuse, or abuse of the Customer’s service or interconnected Customer-provided system facilities or service, which use, misuse or abuse may be occasioned by third parties including, without limitation, the Customer’s employees and members of the public who dial the Customer’s toll-free service number(s) either by mistake or with the intent to abuse service.

RULES AND REGULATIONS, Continued

 

OBLIGATIONS OF CUSTOMER, Continued

Upon notice from the Company that the equipment or facilities of the Customer, or of others so authorized to be connected, is causing or is likely to cause hazard or interference, the Customer, or others so authorized to be connected, shall make such changes as may be necessary to remove or prevent such hazard or interference.

Customer shall be responsible for obtaining all necessary permits, licenses, variances and other authorizations required by the state and local authorities for installation and operation of Customer-provided equipment or facilities for connection with Company's equipment or facilities on the Customer’s property.

Customer shall make available entry to its premises for Company’s employees, agents or contractors at any reasonable hour for the purpose of installing, inspecting, or repairing equipment or service, or, upon termination of service, removing the Company's equipment.

No Customer or authorized user may assign or delegate its responsibilities, duties, rights or obligations under this Document to any person, corporation, or other entity without the express, written approval of Company; provided, however, that Customer may, without Company's approval, assign or delegate such responsibilities, duties, rights, or obligations to any subsidiary or affiliated organization or to any successor organization.

RULES AND REGULATIONS, Continued

The Company will not be responsible for the installation, operation or maintenance of any Customer-provided communications equipment. Where Customer-provisioned equipment is connected to the facilities furnished under this Document, the responsibility of the Company will be limited to the furnishing of facilities offered pursuant to this Document. Beyond this responsibility, the Company will not be responsible for:

i. The transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; or

 

ii. The reception of signals by Customer-provided equipment; or

 

iii. Network control signaling when performed by Customer-provided network control signaling equipment.

 

The Customer, authorized user, or joint user is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such Company equipment and facilities. The magnitude and character of the voltages and currents impressed on company provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the company provided equipment and wiring or injury to the Company’s employees or to other persons. Customer will submit to Company a complete manufacturer’s specification sheet for each item of equipment that is not provided by the company and which shall be attached to the Company’s facilities. The Company shall approve the use of such item(s) of equipment unless such item is technically incompatible with Company’s facilities. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer’s expense.

Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the company used for furnishing service and the channels, facilities, or equipment of others shall be provided at the Customer’s expense.

Company’s service may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the price sheets of the other communications carrier(s) which are applicable to such connections.

RULES AND REGULATIONS, Continued

 

The furnishing of service under this Document is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the company’s facilities as well as facilities the company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company.

RULES AND REGULATIONS, Continued

The use and restoration of service in emergencies shall be in accordance with part 64, Subpart D of the Federal Communications Commission's Rules and Regulations which specifies the priority system for such activities.

The minimum service period is one month (30 days).

RULES AND REGULATIONS, Continued

The Company reserves the right to collect deposits and advance payments, as necessary. Initial deposits or advanced payments shall not exceed two (2) months of Customer’s anticipated monthly billing.

The Company may, at any time and at its sole discretion, set a credit limit for any Customer’s consumption of services for any monthly period.

RULES AND REGULATIONS, Continued

The Customer is responsible for the payment of all charges for services furnished to the Customer. Charges are based on actual usage and are and billed on a monthly (30 day) basis in arrears. Charges for service are applied on a recurring and nonrecurring basis. Billing date is dependent on the billing cycle assigned to the subscriber. Service continues to be provided until canceled by the Customer with no less than thirty (30) days notice.

Initial billing for set-up an installation charge or monthly service fees will not commence for any new Customer until the Customer has actually been placed in service.

Billing will be payable on receipt and past due fifteen (15) days after issuance. Bills not paid within thirty-one (31) days after the date of posting are subject to a 1.5% late payment charge for the unpaid balance, or the maximum allowable under state law. Each account shall be granted not less than one complete forgiveness of late payment charge. Customers shall be notified by letter when eligibility for forgiveness of late payment charge has been utilized.

When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month service was furnished will be calculated on a pro rata basis. For this purpose, every month is considered to have thirty (30) days.

Company shall be entitled to make a reasonable estimate of the Customer’s usage of services in the period in question for billing purposes.

Customer is responsible for the payment of all charges for facilities and services furnished to the Customer or to authorized or joint users. Upon nonpayment of any sum due or upon a violation of any of the conditions governing the furnishing of service, Company may discontinue furnishing said service in accordance with the provisions of these Regulations.

Customer shall be responsible for the payment of all charges for service provided under this Document, including unauthorized charges placed from its equipment and which are determined by Company to be within Customer’s control to prevent. Customer shall be responsible for the payment of all excise, sales, use or other similar taxes that may be levied by a governing body or bodies in conjunction with or as a result of the service furnished under this Document.

A charge of $20.00 will apply whenever a check or draft presented for payment of service is not accepted by the institution on which it is written.

RULES AND REGULATIONS, Continued

Billing disputes should be addressed to Company’s customer service organization. The address and telephone number of Company’s customer service organization is:

Legent Communications Corporation d/b/a Long Distance America

P.O. Box 50008

Irvine, CA 92619-0008

Telephone: 866.469.0829

Customer service representatives are available Monday through Friday, 8:00 AM to 5:00 PM Pacific Time.

Company shall promptly investigate all disputed charges and shall report its findings and disposition to Customer. Nothing in this Section limits Customer’s rights as provided by applicable regulation or statute to contest charges.

The Customer may dispute a bill only by written notice to the carrier delivered within 180 days after the statement date. Unless such notice is received in the timely fashion indicated above, the bill statement shall be deemed to be correct and payable in full by the Customer. In the case of a dispute between the Customer and the Company for service furnished to the Customer, which cannot be settled with mutual satisfaction, the Customer may request the Company perform a in-depth review of the disputed amount. (The undisputed portion and subsequent bills must be paid on a timely basis or the service may be subject to disconnection). If the Customer is unable to resolve any dispute with the Company, then Customer may request information or assistance from the Federal Communications Commission.

RULES AND REGULATIONS, Continued

The Customer may cancel service by subscribing to a new presubscribed carrier.

Customer is responsible for usage charges while still connected to the Company’s service, even if the customer utilizes services rendered after the Customer’s request for cancellation has been made notice and the payment of associated local exchange company charges, if any, for service charges.

Any non-recoverable cost of Company expenditures shall be borne by the Customer if:

i. The Customer orders service requiring special facilities dedicated to the Customer’s use and then cancels the order before such service begins, before completion of the minimum period or before completion of some period mutually agreed upon with the Customer for the non-recoverable portions of expenditures; or

ii. Liabilities are incurred expressly on behalf of the Customer by Company and not fully reimbursed by installation and monthly charges; and

iii. If based on an order for service and construction has either begun or has been completed, but no service provided.

RULES AND REGULATIONS, Continued

Company may discontinue service according to the following conditions upon reasonable notice, unless prohibited by state law, or the rules and regulations of the utilities regulatory commission in the state where the Customer resides:

i. For the non-payment of any proper charge as provided by Company’s Document;

ii. For Customer’s breach of the contract for service between the utility and Customer

iii. For violation of any of the rules and regulations, terms and conditions of this contract.

iv. Tampering with the Company’ property;

v. Vacation of the premises by Customer;

vi. Violation of rules, service agreements, or filed Document;

vii. Use of Customer equipment which adversely affects the Company’s service to its other Customers.

viii. Fraudulent obtaining or use of service;

ix. Unlawful use of service or use of service for unlawful purposes.

The discontinuance of service(s) by the Company pursuant to this section does not relieve the Customer of any obligations to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance. The remedies available to the Company set forth herein shall not be exclusive and the Company shall at all times be entitled to all the rights available to it under law or equity.

The Company may refuse to permit collect calling, calling card and third-number billing which it determines to be fraudulent and/or may limit the use of these billing options or services.

All notices of delinquency or pending disconnection will include details pertinent to the situation and describe how the Customer can make contact with the Company to resolve any differences. All notices will accurately state amounts owing for service(s) which are subject to disconnection.

RULES AND REGULATIONS, Continued

 

DISCONTINUANCE OF SERVICE BY COMPANY, Continued

Service will not be totally disconnected while the Customer is pursuing any remedy or appeal provided for by Commission rules, provided any amounts not in dispute are paid when due.

Service will be restored when the causes of discontinuance have been removed and when payment or satisfactory arrangements for payment of all proper charges due from the Customer has been made as provided for in this Document.

Service furnished by Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to the technical limitations established by Company. Any special interface of facilities necessary to achieve compatibility between the facilities of Company and other participating carriers shall be provided at the Customer's expense.

Interconnection between the facilities or services of other carriers shall be under the applicable terms and conditions of the other carriers' documents. The Customer is responsible for taking all necessary legal steps for interconnecting Customer provided terminal equipment or communications equipment with Company's facilities. The Customer shall secure all licenses, permits, rights-of-way, and other such arrangements necessary for interconnection.

RULES AND REGULATIONS, Continued

Unless otherwise specified herein, all stated charges in this document are computed by the Company exclusive of any assessments, duties, fees, surcharges, taxes, or similar liabilities levied against the Company by governmental, quasi-governmental, or other entities such as federal, state, or local government. Such assessments, duties, fees, surcharges, taxes, or similar liabilities shall be paid by the Customer in addition to the charges stated herein.

Pending the conclusion of any litigation challenging a jurisdiction's or body's right to impose any assessments, duties, fees, surcharges, taxes, or similar liabilities, the Company may elect to waive or impose and collect a charge covering such assessments, duties, fees, surcharges, taxes, or similar liabilities, unless otherwise constrained by court order or direction. All such charges will be shown as a separate line item on the Customer's bill. If the Company has collected any assessments, duties, fees, surcharges, taxes, or similar liabilities and any of the challenged assessments, duties, fees, surcharges, taxes, or similar liabilities are found to have been invalid and not enforceable, the Company will credit or refund such sums to each affected Customer if (1) the Company has retained such funds or (2) the Company has remitted such funds to the collecting jurisdiction or body and the funds have been returned to the Company.

In order to be granted exemption status, a Customer claiming exempt status must provide the Company with copies of all relevant exemption certificates and documents required by the Company. New Customers are required to provide the requested documentation at the time service is ordered for new Customers. Failure to provide the required documentation at the time service is ordered will result in all assessments, duties, fees, surcharges, taxes, or similar liabilities being levied by the Company on the Customer's service. The Customer will be responsible for the payment of all such charges.

At the Company's option, the Company may accord the Customer exempt status upon receipt of the required documentation after service is ordered. However, the Customer will be billed for all applicable assessments, duties, fees, surcharges, taxes, or similar liabilities as described in Section 2.13 of this document. The Customer is responsible for the payment of same until such time as the Company has ceased billing the applicable assessments, duties, fees, surcharges, taxes, or similar liabilities. Failure to pay the appropriate assessments, duties, fees, surcharges, taxes, or similar liabilities prior to exempt status being accorded by the Company will result in termination of service.

RULES AND REGULATIONS, Continued

The Company may conduct special tests or pilot programs and promotions at its discretion to demonstrate the ease of use, quality of service and to promote the sale of its services. The Company may also waive a portion or all processing fees or installation fees for winners of contests and other occasional promotional events sponsored or endorsed by the Company. From time to time, the Company may waive all processing fees for a Customer.

Arrangements will be developed on a case-by-case basis in response to a bona fide request from a Customer or prospective Customer to develop a competitive bid for a Service stated in this document. Rates quoted in response to such competitive requests may be different than those specified herein. ICB rates will be offered to the Customer in writing and on a non-discriminatory basis.

The Company will be responsible for all applicable Universal Service Fund ("USF") requirements as set forth by the Commission.

The provision of Company’s services is subject to and contingent upon the Company obtaining and retaining such approvals, consents, governmental authorizations, licenses and permits, as may be required or be deemed necessary by the Company. The Company shall use reasonable efforts to obtain and keep in effect all such approvals, consents, authorizations, licenses and permits that may be required to be obtained by it. The Company shall be entitled to take, and shall have no liability whatsoever for, any action necessary to bring the services into conformance with any rules, regulations, orders, decisions, or directives imposed by the Federal Communications Commission or other applicable agency, and the Customer shall fully cooperate in and take such action as may be requested by the Company to comply with any such rules, regulations, orders, decision, or directives.

Should any provision or portion of this Document be held by a court or administrative agency of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions of this Document will remain in full force and effect.

DESCRIPTION OF SERVICE

The subscriber's long distance usage charge is based on the actual usage of Company's service. Usage begins when the receiver of the called number is answered. The moment of the called party's answer is determined by hardware supervision in which the local telephone company sends a signal to the underlying carrier's switch or the software utilizing audio tone detection. The timing of the call occurs when called party answers and terminates when either party hangs up.

The minimum call duration for billing purposes differs between rate plans.

Usage is measured and rounded up to the next billing increment.

There is no billing for incomplete calls.

DESCRIPTION OF SERVICE, Continued

Company provides switched access telecommunications services, which allow Customers to establish a communications path between two stations by using uniform dialing plans.

"1 Plus" Long Distance Service is a switched access service, offering users outbound "1 plus" long distance telecommunications services from points originating and terminating in and between points within the contiguous United States, Hawaii, Alaska and Puerto Rico/U.S. Virgin Islands.

This plan is offered to new Customers under a one minute billing increment.

Rate per minute:                                                 $0.15

Monthly Recurring Charge:                                 $5.00