Terms and Conditions

Omnipoint Technology, Inc.

OMNIPOINT†VOIP†SERVICES†AGREEMENT

THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF OMNIPOINT

VOIP SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL

TERMS AND CONDITIONS FOR OMNIPOINT RESIDENTIAL SERVICES, WHICH

INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF

ARBITRATION.

Omnipoint Technology, Inc. through its voice affiliates, (“Omnipoint VOIP”) is pleased to

provide its residential VOIP Service to you (“Subscriber”) in accordance with these terms

and conditions which incorporate and include the General Terms and Conditions for

Omnipoint Technology Residential Services, the Omnipoint Technology VOIP Services

Price Guide (“Price Guide”) and the Omnipoint Technology Privacy Policy, as they may be

changed from time to time (collectively, “Terms of Service”), all of which may be found at

www.omnipointtechnology.com, under “Terms of Service/Policies” and “Your Privacy

Rights.”

Subscriber’s use of Omnipoint Technology VOIP™ Service (also, “VOIP Service”) shall be

deemed acknowledgment that Subscriber has read and agreed to the Terms of Service.

Subscriber must activate all Omnipoint Technology VOIP Services ordered. Omnipoint

Technology shall have no liability whatsoever if the subscriber does not activate such

Services. Any user who does not agree to be bound by the Terms of Service should

immediately stop their use of the VOIP Service and notify Omnipoint Technology’s

Customer Service Department at 1-888-788-8549 to terminate the VOIP Service. Terms

that are initially capitalized but not defined, will have the defined meaning given to them

in the other documents referenced above. This agreement (the “Agreement”) is a binding

legal document that may be amended unilaterally by Omnipoint Technology with or

without notice to Subscriber.

Omnipoint Technology regularly updates and amends these Terms of Service. Subscriber

should consult Omnipoint Technology’s website www.omnipointtechnology.com to be

sure Subscriber remains in compliance.

Services Provided: Omnipoint Technology VOIP Service provides unlimited and/or

measured calling within the United States and to those countries and US territories

described in calling plans identified in the applicable Price Guide, in accordance with

these terms and conditions. Subscribers must reside in an area where Omnipoint

Technology is authorized to provide VOIP Service and where, in Omnipoint Technology’s

sole discretion, it is technically and operationally feasible. Residential VOIP Service is

only intended for use by Subscriber, Subscriber’s family and guests, and persons residing

at Subscriber’s residential premises, including persons temporarily subleasing

Subscriber’s residential premises.

Monthly Service Fee: Subscriber agrees to pay the monthly service charge for Omnipoint

Technology VOIP Service which is comprised of various fees and related taxes and

surcharges. Omnipoint Technology reserves the right to increase or decrease any fee for

VOIP Service offered. Fees for Omnipoint Technology VOIP Service shall be posted in

the applicable Price Guide at www.omnipointtechnology.com, under “Terms of

Service/Policies.” Omnipoint Technology VOIP Service will be terminated in the event

Subscriber does not pay. Certain fees for Omnipoint Technology VOIP Service are based

upon periodic studies that analyze the intrastate, interstate and international minutes of

all customers purchasing VOIP Service.

VOIP Service Features: Omnipoint Technology VOIP Service is offered with the features

below. In certain areas, Omnipoint Technology also offers a mobile application, “Nimbus,”

that allows Subscribers to use their VOIP Service away from their residence with access

to suitable WiFi connectivity. Certain features may not be available with the Nimbus

mobile application, or may be subject to additional terms and conditions presented within

the Nimbus mobile application.

Calling and Features : Includes local, regional and/or long distance calling within the

United States and to those countries and US territories described in calling plans

identified in the applicable Price Guide, along with those calling features pertaining to

each calling plan. Feature availability may vary by service area. A detailed list of features

and calling plans may be found in the Price Guide at www.omnipointtechnology.com,

under “Terms of Service/Policies.” Direct dialed calls outside the coverage of any calling

plan are available with per-minute charges or with one of Omnipoint Technology’s

International calling plans. Existing Subscribers who may purchase a plan other than a

plan described in this Agreement, can find a description of their plan in the Price Guide.

E-911: Enhanced 911 (“E-911”) is a feature of Omnipoint Technology VOIP Service that

allows emergency operators to automatically receive the telephone number and address

of the dialing party. This E-911 feature has certain requirements in order to operate, as

well as certain limitations:

IMPORTANT: The emergency service provider handling the E-911 call, and the address

the emergency service provider will see, are linked to the service address Omnipoint

Technology has on file when Subscriber originally signed up for service. If Subscriber

does not correctly identify where Subscriber’s voice modem is actually located, or if the

voice modem is moved away from the original service address, Subscriber’s E-911 calls

may be misdirected to the wrong location(s) or to the wrong emergency service

provider(s). Therefore, in order to have E-911 calls routed correctly, Subscriber agrees not

to move the voice modem from the service address at which it was installed by

Omnipoint Technology and acknowledges responsibility to promptly notify Omnipoint

Technology of any change in service address prior to moving the voice modem.

IMPORTANT: Keeping Your Phone Number: Please be aware that during the first 72

hours of arriving at Subscriber’s new service address, if Subscriber dials 911 from their

Omnipoint Technology VOIP Service, Subscriber must relay to the emergency service

operator the new (current) service address. This is necessary to ensure emergency

services are dispatched to Subscriber’s new service address and not the old service

address in the event the emergency services operator may not have the new location in

their records.

Omnipoint Technology VOIP Service does not have its own power supply. If there is a

power outage, or if there is a disruption to the cable network or facilities, the VOIP

Service will not work. Subscriber expressly acknowledges that in such cases it will not be

possible to place or receive calls including calls to access emergency 911 services.

If Subscriber chooses, Subscriber may separately purchase a battery backup for use with

the voice modem by calling Omnipoint Technology at 1-888-788-8549. Each battery

backup is designed to provide power for up to 8 hours (or 5 hours of “talk” time) for a

power outage at Subscriber’s residence that is not also a network-related outage.

In some locations, E-911 service may not yet be available. Such services are dependent

on the equipment and facilities of the local governments in which Omnipoint Technology

provides VOIP Service. In such cases, regular 911 service will be available and Subscriber

will need to convey the location information to the emergency operator.

Number of Lines: Subscribers to Omnipoint Technology VOIP Service can purchase up

to two (2) lines at their service address.

Installation: Omnipoint Technology VOIP Service offers professional installation and

self-installation (not available in all areas).

Professional installation includes activation of all existing working phone jacks or the

installation and activation of one phone jack if there is not currently a working phone jack

in Subscriber’s residence. Additional wiring charges may apply if Subscriber requests

additional jacks to be installed or activated. Additional charges may also apply for special

construction needed to complete the installation. Omnipoint Technology also provides

and installs a voice modem, or Multimedia Terminal Adaptor (MTA), that is used to

communicate with our private communications network.

Self-installation (not available in all areas) provides the option for the Subscriber to

pick-up a voice modem or MTA from a Omnipoint Technology retail location or have that

equipment shipped to their home. Upon receipt of the equipment, the Subscriber must

follow self-installation instructions provided by Omnipoint Technology. In order to qualify

for self-installation the following installation conditions must be met: • Subscriber’s

home’s phone system must consist of a base unit with any additional cordless phones

supported by the base unit; • Subscriber’s alarm, security and fax systems must not be

dependent on Omnipoint Technology VOIP Service; • Subscriber’s most recent voice

provider was Omnipoint Technology, or Subscriber has had active Omnipoint Technology

services in the last 2 years; and • Subscriber will not need outlets moved or added.

Omnipoint Technology does not provide a handset. Subscriber is responsible for

maintaining all inside wire and phones within the home. Subscriber has the option of

Omnipoint Technology’s Wire Maintenance Insurance that may help avoid costly repair

charges. For a low monthly fee, we can provide repair service for Subscriber’s jacks and

inside wiring. (The wiring must meet certified technical standards.) Wire maintenance is

included in some bundles. For more information about Wire Maintenance Insurance, go

online to Omnipoint Technology’s Wire Maintenance plan information at

www.spectrum.net/wiremaintenance. In certain buildings such as multiple dwelling units,

Omnipoint Technology’s technicians may not have access to Subscriber’s inside wiring

located within the multiple dwelling unit. In these instances, Omnipoint Technology has

the right to determine how best to wire Subscriber’s residence, subject to additional

applicable charges.

International Calling: Omnipoint Technology VOIP Service offers a per minute calling

plan for direct-dialed calls made from Subscriber’s residence to locations outside of their

calling plan. If Subscriber chooses to use this service Subscriber will be charged for

direct-dial international calls in addition to the flat monthly recurring rate that Subscriber

pays for Omnipoint Technology VOIP Service. Omnipoint Technology VOIP Service also

offers optional flat rate international calling plans for direct-dialed calls made from

Subscriber’s residence to locations outside of their calling plan. If Subscriber chooses an

international plan, Subscriber will be charged a flat monthly fee for direct-dial

international calls in addition to the monthly recurring rate that Subscriber pays for VOIP

Service. After Subscriber’s monthly international calling plan minutes are used, unless

Subscriber’s plan includes unlimited international calling, each additional minute will be

charged at a per-minute rate. For both per-minute international calling and international

calling plans, calls are measured in increments of one minute. All calls which are a

fraction of a minute are rounded up to the next whole minute. Timing on completed calls

begins when the call is answered by the called party. Answering is determined when call

signaling provided by the terminating local carrier, and/or any intermediate carrier(s), so

indicate. Timing terminates on all calls when the calling party hangs up or when

Omnipoint Technology’s network receives a termination signal from the terminating local

carrier and/or any intermediate carrier(s). Unused minutes per month do not roll over to

the next month. You may access international rates and information about international

calling plans online at www.spectrum.net/rates.

VOIP Service Modifications: Omnipoint Technology may, from time to time, offer

additional VOIP Service features or functionality, or discontinue certain VOIP Service

features or functionality. Information about these features or functions will be available in

the applicable Price Guide at www.Omnipoint Technology.com, under “Terms of

Service/Policies.” These additional VOIP Services features or functions may be subject to

additional specific terms and conditions, and may be subject to change at any time by

Omnipoint Technology.

Caller Name: Omnipoint Technology VOIP Service will associate Subscriber’s name on

the Omnipoint Technology account to the telephone number to be displayed in

association with the caller name lookup services (“CNAM”) provided as part of the VOIP

Service for all calls made from any of the Omnipoint Technology telephone numbers on

the account. In the event that Subscriber wishes to modify the caller name associated

with the CNAM, Subscriber agrees to the following: caller name submission(s) shall not

mislead or impersonate any person or company; caller name submission(s) shall not

contain false information and shall accurately represent the name of the person that

subscribes to the VOIP Service and that is included in directory listings, if any; caller

name submission(s) shall not contain abusive, defamatory, vulgar, obscene, racist or any

other language objectionable to any person or entity as determined by Omnipoint

Technology, in its sole discretion; and caller name submission(s) shall comply with all

relevant laws, rules and regulations.

VOIP Service Limitations:

Service Outages: The Omnipoint Technology VOIP Service modem is electrically

powered and will not work in a power outage or if the broadband connection is disrupted

or not operating. In the event of power outages, the modem, including all phones and

VOIP Services connected to or powered by it, will not work. Power outages will disrupt

E-911 service and the use of Omnipoint Technology VOIP Service as the connection

between a home security system and central monitoring services. To reduce this risk,

Subscriber may choose to purchase a battery backup for use in the event of a

non-network related outage.

Home Security Systems: Although Omnipoint Technology VOIP Service will supply a

connection that will allow the operation of Subscriber’s existing home security system,

Omnipoint Technology does not guarantee that any such system will be in complete

operational order following the installation of the VOIP Service. As such, it is Subscriber’s

obligation to contact their home security system provider to inform them of Omnipoint

Technology VOIP Service installation, and any change in phone number, and to request a

complete operational test of their system immediately following installation of the VOIP

Service. In addition, it is Subscriber’s responsibility to test their system on a regular basis.

In the event of a power outage or network outage (whether unplanned or maintenance

related), Subscriber’s VOIP Service, including any home security system which uses the

VOIP Service to connect to central station monitoring, will not function. As set forth in

Section 3(b)(iv) above, Subscriber may separately purchase a battery backup for use with

their voice modem in the instance of a non-network related outage.

Like any other communications service provider, we do not represent that our service is

fail-safe. In addition, Omnipoint Technology prohibits the use of Omnipoint Technology

VOIP Service as the connection between medical alert systems and a central station

monitoring service, and will neither connect to such services nor provide technical

support for the connection.

Additional Limitations:

Currently, certain operator-assisted services such as busy line verification and busy line

interruption, dial around services (10-10-XXX), pay services (900 and 976 services), and

third-party billing are not offered with VOIP Service.

If Subscriber receives Voicemail, Subscriber may be eligible for voice-to-text or

voice-to-email (“Readable Voicemail”) as part of the Voicemail feature. As a result of the

voice-recognition software used by Omnipoint Technology, some processed messages

may not be fully transcribed and will appear as incomplete messages. In such cases,

Subscriber may obtain the full message by listening to the Readable Voicemail message.

As a condition of using the voice-to-text or voice-to-email feature, Subscriber consents to

allow Omnipoint Technology, or its service vendors, to process those voice files and to

use voicemail messages, and other data associated with such messages, to enhance

and/or improve the feature.

Omnipoint Technology’s obligation to furnish VOIP Services is dependent upon its ability

to secure and retain, without unreasonable expense, suitable facilities and rights for the

construction and maintenance of the necessary facilities and equipment. Omnipoint

Technology may limit communications, refuse to provide VOIP Services or discontinue

VOIP Services when necessary because of: (i) the lack of transmission medium,

transmission capacity or any other facilities or equipment; (ii) the lack of available services

from, or interconnection with, the services or facilities of service providers; or (iii) any

cause beyond Omnipoint Technology’s control.

Omnipoint Technology shall use reasonable efforts to make VOIP Services available by

the estimated service date. Omnipoint Technology shall not be liable for any damages

resulting from delays in meeting the estimated service date due to delays resulting from

normal installation procedures. Such delays shall include, but not be limited to, delays in

obtaining right-of-way approvals, delays in actual construction work being done by

Omnipoint Technology, including its contractors or representatives, and any delays due

to any other service provider where Omnipoint Technology is relying upon such provider

to meet an estimated due date which is beyond Omnipoint Technology’s control.

Omnipoint Technology offers the use of its facilities for communications between

Subscriber and other parties. Omnipoint Technology is not responsible, and shall have no

liability, for any communications or miscommunications between Subscriber (including

any users) and other parties (including operator-assisted, 911 and E-911 calls).

At Omnipoint Technology’s discretion, facilities of other service providers may be used in

establishing connections to points not reached by Omnipoint Technology’s facilities. In

establishing connections with other providers, Omnipoint Technology is not responsible

or liable for any action or inaction of other service providers.

The Nimbus mobile application is provided by Omnipoint Technology for use only by

Omnipoint Technology residential VOIP Service customers, and only in certain areas.

Certain features of Omnipoint Technology’s VOIP Service may not be available with the

Nimbus application, and certain features available within the Nimbus application may be

subject to additional terms and conditions as presented within the Nimbus application.

Equipment: Omnipoint Technology VOIP Service requires a voice modem. Omnipoint

Technology will supply a voice modem for so long as Subscriber remains a VOIP Service

Subscriber or until Omnipoint Technology changes its VOIP Service offering. Depending

on the Omnipoint Technology VOIP Service plan, there may be a monthly charge for the

voice modem. Upon termination of Omnipoint Technology VOIP Service for any reason,

Subscriber may be asked to return the Omnipoint Technology-supplied voice modem

within thirty (30) days or Subscriber will be charged an equipment fee equal to the fee

charged by Omnipoint Technology at the time the voice modem was supplied by

Omnipoint Technology. An exception to this return policy is when the modem is also

supporting Internet service, in which case Subscriber may continue to use the modem

until such time as Internet is no longer provided or Omnipoint Technology requests a

substitution of the modem. Equipment and facilities furnished by Omnipoint Technology

to provide VOIP Service (except for inside wiring and inside jacks) are the property of

Omnipoint Technology. Telephone numbers assigned to Subscriber by Omnipoint

Technology are portable and transferable with Subscriber at the same location; however,

Subscriber has no property right in telephone number(s) or any other call number

designations associated with the VOIP Services, and Omnipoint Technology may change

such numbers as deemed necessary.

Term: Omnipoint Technology VOIP Service shall continue until such time as terminated

by Subscriber, which shall be effective upon notice, or terminated by Omnipoint

Technology for breach (including nonpayment) of this Agreement, or otherwise

terminated by Omnipoint Technology in accordance with the Terms of Service.

Directory Listing: Omnipoint Technology VOIP Service offers Subscriber a Private

Number service as the default, or a directory listing upon request. Depending on the

location and Subscriber’s preference, Omnipoint Technology VOIP Service may include

one (1) basic directory listing in an alphabetical white pages directory, or other

comparable online directory, containing an alphabetical list of names, telephone numbers

and addresses of all telephone customers in a particular geographic area set by the

publisher. The alphabetical list of customer names is for the purpose of informing

interested parties of the telephone number and address of listed customers, and special

position or arrangement of names may be provided for an additional charge. Listings

shall conform to the publisher’s practices with respect to published directories.

Omnipoint Technology limits the length of any listing in the directory by the use of

abbreviations when, in Omnipoint Technology’s opinion, the clarity of the listing or the

identification of the customer is not impaired by doing so. The duration of directory

listings, when the listings have been published, is the directory period. The directory

period is from the day on which the directory is first distributed to customers to the day

the succeeding directory is first distributed to customers. Omnipoint Technology’s liability

for directory listing errors or omissions is set out in Section 7, “Limitation of Liability.”

Limitation of Liability:

Omnipoint Technology VOIP Service is provided “AS IS.” THE LIABILITY OF OMNIPOINT,

OR ITS SERVICE VENDORS, FOR DAMAGES OR LOSSES ARISING OUT OF THE

FURNISHING OF VOIP SERVICES HEREUNDER, INCLUDING BUT NOT LIMITED TO

MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR OTHER DEFAULTS,

REPRESENTATIONS OR USE OF THE VOIP SERVICES, OR ARISING OUT OF THE

FAILURE TO FURNISH THE VOIP SERVICE, INCLUDING E-911/911 SERVICE, WHETHER

CAUSED BY ACTS OF COMMISSION OR OMISSION, AND/OR LOSS OF ELECTRICAL

POWER, SHALL BE LIMITED TO AN ALLOWANCE PRORATED FOR THE TIME PERIOD OF

THE VOIP SERVICE INTERRUPTION. OMNIPOINT, INCLUDING ITS SERVICE VENDORS,

SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,

EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS,

LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES

THAT A SUBSCRIBER, OR SUBSCRIBER’S USERS, MAY SUFFER. FINALLY, OMNIPOINT,

AND ITS SERVICE VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR

INTERRUPTIONS IN VOIP SERVICE OR FOR ANY DAMAGES OR LOSSES DUE TO THE

FAULT OR NEGLIGENCE OF SUBSCRIBER, ANY SUBSCRIBER USER, OR ANY OTHER

PARTY OR PERSON(S), OR DUE TO THE FAILURE OR MALFUNCTION OF

SUBSCRIBER-PROVIDED OR USER-PROVIDED EQUIPMENT OR FACILITIES, OR DUE TO

THE FAILURE OF SUBSCRIBER TO FULFILL ANY OBLIGATION UNDER THIS

AGREEMENT.

Directory Listings: OMNIPOINT’S LIABILITY FOR DAMAGES DUE TO ERRORS OR

OMISSIONS IN DIRECTORY LISTINGS WILL BE LIMITED TO A ONE-TIME CREDIT EQUAL

TO ONE MONTH’S RECURRING MONTHLY FEE FOR THE VOIP SERVICE (NOT

INCLUDING ONE TIME CHARGES, MEASURED AND PER-CALL CHARGES AND RELATED

TAXES AND FEES). SUBSCRIBER AGREES TO INDEMNIFY AND HOLD OMNIPOINT

HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO

HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE PUBLICATION OF A LISTING

WHICH SUBSCRIBER HAS REQUESTED TO BE OMITTED FROM THE APPLICABLE

WHITE PAGES DIRECTORY, INCLUDING ANY ONLINE DIRECTORY, OR THE

DISCLOSING OF SUCH A LISTING TO ANY PERSON (INCLUDING ANY MISTAKE OR

ERROR IN SUCH LISTING).

Installation: Charges for installation services and equipment will be charged at the then

current rate in effect.

Taxes: Applicable fees, taxes and surcharges, if any, will be added to Subscriber’s

monthly bill. For non-Omnipoint Technology Pricing Plan packages, applicable fees, taxes

and surcharges, will be disclosed on your monthly bill in addition to the VOIP Service

rate. For Omnipoint Technology Pricing Plans, applicable fees, taxes and surcharges will

be included in the monthly rate you pay and disclosed in the Billing Information section of

your bill.

Proprietary Rights: Omnipoint Technology and/or its service vendors own all rights in

and to the VOIP Services. Subscriber has a limited right to use the VOIP Service in

accordance with these Terms of VOIP Service. However, the Terms of Service do not

grant Subscriber (or any user) any rights to, or interests in, patents, copyrights, database

rights, trade secrets, trade names, trademarks or service marks (whether registered or

unregistered), or any other rights or licensees related to Omnipoint Technology VOIP

Service (including all of its features) or any related documentation.

Prohibited Uses:

Non-Residential Use: Omnipoint Technology VOIP Service may be used as a residential

voice service only and may not be used for commercial purposes, including, but not

limited to, telemarketing, call center services, medical transcription or facsimile

broadcasting. In addition, auto-dialers and predictive dialers may not be used with

Omnipoint Technology VOIP Service. Omnipoint Technology VOIP Service is intended to

be used consistent with its intended normal residential use. For instance, unlimited voice

plans are intended to be used for continuous live dialog between Subscriber and a third

party. Certain other activity such as excessive consistent usage, unusual call patterns,

and lack of continuous dialog activity may be presumed indicative of use that is

inconsistent with normal residential use of the VOIP Service in violation of the Terms of

Service: VOIP Service may not be used to interfere with or impair Service over any

facilities and associated Omnipoint Technology equipment, or to impair the privacy of any

communications over such facilities and associated Omnipoint Technology equipment.

VOIP Service may not be used in any way, including by combining Service features, as to

change the functionality of the VOIP Service or its component features in any manner

that is inconsistent with standard residential calling patterns and practices or the Terms

of Service. Such non-standard calling patterns and practices include, but are not limited

to, use of 3-Way Calling, Call Forwarding, and/or non-Omnipoint Technology equipment

that results in unusually high traffic volumes or excessive long distance usage. Omnipoint

Technology, in its sole discretion, reserves the right to: (i) reclassify Subscriber’s VOIP

Service from residential to business, and to immediately apply business rates in the event

of misuse or excessive use of the VOIP Service by Subscriber, including any users of

Subscriber’s VOIP Service; or (ii) immediately terminate Subscriber’s VOIP Service for

such misuse or excessive use.

Fraud:

Illegality: Omnipoint Technology may block calls that are made to certain countries, cities

or telephone exchanges, or that use certain authorization codes if, in its sole discretion,

Omnipoint Technology deems it reasonably necessary to prevent unlawful or fraudulent

use of the VOIP Service. Subscriber is responsible for securing Subscriber’s telephone

equipment, and Omnipoint Technology’s equipment located at Subscriber’s premises,

from being used to place fraudulent calls using Omnipoint Technology VOIP Service

provided to Subscriber. Subscriber is also responsible for any fraudulent or unauthorized

use of the VOIP Service that occurs through Subscriber’s account regardless of who is

responsible for such usage. Subscriber shall be solely responsible for payment of all

applicable charges for VOIP Service provided by Omnipoint Technology and charged to

Subscriber’s account, even where calls are originated by fraudulent means either from

Subscriber’s premises or from remote locations. Omnipoint Technology is not liable for

any damages or fees, including toll usage charges, Subscriber may incur as a result of

unauthorized use of the VOIP Service provided to Subscriber. Unauthorized use of

Subscriber’s facilities may include, but is not limited to, the placement of calls from

Subscriber’s premises and the placement of calls through Subscriber’s equipment that

are transmitted or carried on Omnipoint Technology’s network. Misuse of VOIP Service

could include voice modem hijacking, excessive usage of International calling, 411

directory assistance calls and other per-use charges.

Violations: In addition, Omnipoint Technology reserves the right to discontinue VOIP

Service when Subscriber or its users is using the VOIP Service in violation of law or the

provisions of the Terms of Service.

Amendments: Omnipoint Technology may, in its sole discretion, change, modify, add or

remove portions of this Agreement and any of the Terms of Service at any time.

Omnipoint Technology may notify Subscriber of any such changes by posting notice of

such changes on Omnipoint Technology’s website at www.Omnipoint Technology.com,

under “Terms of Service/Policies,” or sending notice via electronic mail or U.S. postal

mail. Subscriber’s continued use of Omnipoint Technology VOIP Service following such

change, modification or amendment shall be deemed to be Subscriber’s acceptance of

any such modification. If Subscriber does not agree to any modification of this

Agreement, Subscriber must immediately cease using the VOIP Service and notify

Omnipoint Technology that Subscriber is terminating the VOIP Service. In addition, this

Agreement is subject to change in compliance with applicable law without notice.

Entire Agreement: This Agreement shall be posted along with the Terms of Service

governing Subscribers’ use of Omnipoint Technology VOIP Service at www.Omnipoint

Technology.com, under “Terms of Service/Policies,” and are the only terms and

conditions that govern Omnipoint Technology VOIP Service. No undertaking,

representation or warranty made by any agent or representative of Omnipoint

Technology in connection with the sale, installation, maintenance or removal of VOIP

Services shall modify or amend this Agreement or the Terms of Service