Service Provision: VoxFlow agrees to provide Customer with the Enhanced Information Service known as "Voice over Internet Protocol", "Voice over IP," or simply "VOIP" service as defined herein. VoxFlow provides service as one of several distinct products which differ in their acceptable use as indicated below.

Monthly Recurring Service Fees: A Unit of Service is equivalent to a single primary phone number. The fees on the order form are agreed to be the fee for the service until and unless agreed otherwise by both parties. The fee differs between Residential and Small Business (which includes “SOHO” and “Phone System Class”) Use.

General Provisions: Terms of Use. Customer agrees to utilize the service only in a lawful manner, and in accord with the Terms of Use posted on the VoxFlow web site, and that of its ISP or other network provider. Customer hereby releases VoxFlow and its network, agents and employees from claims, demands, and damages arising out of use of the service in any unauthorized manner.

Residential Use of Service and Device. If you have subscribed to VoxFlow’s Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, and non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the service, without express written permission from VoxFlow in advance. You agree that your use of the Service and/or Device, or the use of the service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay VoxFlow’s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. VoxFlow reserves the right to immediately terminate or modify the Service, if VoxFlow determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.

Small Business Use of Service and Device – Prohibition on Resale. If you have subscribed to VoxFlow’s Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from VoxFlow in advance. You agree that the VoxFlow Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, or fax blasting. VoxFlow reserves the right to immediately terminate or modify the Service, if VoxFlow determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities.

Technical Support. VoxFlow provides Technical Support for its service, which is provided at no charge unless a support situation does not relate to the VoxFlow service directly. With verbal notice to Customer, VoxFlow may charge an additional fee for Technical Support in certain circumstances, but such circumstances are likely to be related to basic Internet service issues, for which Customer’s ISP is the more likely and appropriate source of support. VoxFlow does not have responsibility for, nor does it agree to provide technical support for Internet connectivity issues.

Communications with Customers. VoxFlow asserts it right to communicate with any Customer or "End-User" of its service by any means necessary. VoxFlow has permission to allow communications with third parties, as needed to support or provide service. VoxFlow Customers hereby agree to "opt-In" to any VoxFlow mailing lists, and specifically allow both e-mail communications from VoxFlow, and e-mailed voicemail with (.wav file) attachments.

Privacy. VoxFlow respects your privacy and will have no direct means of hearing any live phone conversations. Voicemail messages, because they traverse the Internet’s e-mail systems in an unencrypted state, could potentially be intercepted without anyone’s knowledge. Certain VoxFlow contractors could have the technological capability to hear live conversations, but will also respect your privacy to the maximum extent practicable. Finally, VoxFlow must comply with court orders and legitimate requests of law enforcement agencies and these may affect your privacy. VoxFlow asserts that it is no more susceptible to breaches of privacy than a traditional phone service.

Required Hardware and Configuration. Customer acknowledges the need for compatible hardware (either an ATA or an IAD device) and understands that the service will not function properly without such hardware, and a good, low latency, Internet connection. VoxFlow may operate on compatible soft phones without an ATA or IAD.

Equipment Satisfaction Policy and Returns. VoxFlow will ensure complete satisfaction with VoxFlow-sold ATAs, whether provided with service or purchased from VoxFlow, and will generally facilitate the exercise of the Manufacturers Warranty. VoxFlow will issue a Returned Merchandise Authorization number (RMA Number) for hardware it has provided or sold and is being returned for any reason. VoxFlow will not be responsible for tracking the returns of hardware without an RMA number.

Customer-owned Equipment requiring Reconfiguration at times other than Service inception. If Customer requires configuration of VoxFlow equipment at any time other than service initiation, VoxFlow will attempt to configure the hardware in accord with Customers wishes at no charge. However, non-VoxFlow hardware re-configuration and unusually time consuming or configurations involving handling, will occur fee of $20. VoxFlow is not responsible for hardware lost or damaged in transit, or for equipment not under warranty. VoxFlow will issue a Configuration Service Authorization number (CSA Number) for tracking purposes if equipment is to be shipped to VoxFlow.

Shipping To VoxFlow. If required for configuration, Converters should be shipped by Customer or (Customer’s equipment vendor) to: VoxFlow Operations Center, 6610 N. Lamar Blvd. Austin, TX 78752. Customer is responsible for the cost of shipping their equipment to VoxFlow. VoxFlow will pay for shipping the configured Converters back to Customer by standard ground shipping methods. Expedited service may be arranged and paid by Customer.

Warranty on Equipment. VoxFlow is a reseller of the hardware reseller only, not the manufacturer, but the Manufacturer’s Warranty may apply. ATAs are generally covered by a one-year Limited Manufacturer Warranty. VoxFlow will ensure satisfaction with regard to the hardware it sells, with respect to returns, exchanges, or repair service on the equipment itself. VoxFlow will not be responsible for equipment purchased from others, and received in a defective state, or for used equipment after the Manufacturers Warranty has expired.

Agents of VoxFlow. VoxFlow works with Independent Agents and Resellers. Customer may have purchased VoxFlow service through an Agent, who is an independent contractor salesperson, or a contracted reseller company. VoxFlow Customers are agreed by such Agents to be direct customers of VoxFlow. Some VoxFlow Resellers will invoice Customer and VoxFlow will, in turn, invoice such Agents for the Services. Other Agents do not bill Customer, and in such case VoxFlow will set up monthly recurring Credit Card payments or other electronic forms of payment with Customer. Customer agrees to pay either VoxFlow or its authorized Agents as appropriate.

Service Provision Details. VoxFlow provides its services through the use of multiple third-parties and facilities-based service providers, who are also contractors of VoxFlow. Service is provided on a month-to-month basis, and is paid for in advance by credit card, unless billing is performed by a Billing Agent, under the terms of a VoxFlow Billing Agent Agreement. Service is provided to Customers and their internal, assigned End Users only, and Customer Accounts may not be assigned to others. E-mail address information, and Credit Card information, provided by Customer will be maintained by Customer in a current state, and Customer will inform VoxFlow of any changes in address, email address, credit card expiration date or account termination, phone number. Service may be terminated at any time for any reason with 10 days notice, and any fees paid for service not provided due to service termination will be refunded.

Payment. Account Activation and Configuration Fees may be applicable if disclosed on the Order and are non-refundable. Service Fees are Agreed to be monthly recurring and charged near the beginning of the month of service. On a monthly basis, at the appropriate time, VoxFlow will charge the Customer per the Ordered Services that are monthly recurring in nature. All Fees shall be charged to Customer via the credit card specified in the Order Form or such other credit card as may be requested by Customer and may be charged from time to time. VoxFlow may pre-authorize such charges with the credit card Customer. By completing the information on the Order Form, Customer authorizes such Fees to be charged to its credit card ON A RECURRING MONTHLY BASIS, and represents and warrants that the person making the Order is empowered by Customer to bind Customer to said obligations. In addition, Customer hereby authorizes VoxFlow to charge Customer's credit card for any and all amounts previously invoiced to Customer by VoxFlow and which are due and remain unpaid as of the effective date of a new order. If you have any questions regarding charges to your account, you should notify VoxFlow immediately.

Customer must provide VoxFlow with updated, accurate, and complete billing information and e-mail address(es). Any changes to this information must be reported to VoxFlow within three (3) days of the change. If a charge is disapproved by the financial institution, VoxFlow will notify Customer via email, and Customer must cure the disapproval. If disapproval is not cured within seven (7) days of the date of the notice, VoxFlow reserves the right to modify, suspend or terminate service, charge an administrative fee in the amount of forty dollars ($40) and to pursue any other available remedy. VoxFlow is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by VoxFlow. The Customer agrees to pay all collection and/or court costs incurred by VoxFlow in its effort to collect any unpaid balance due to VoxFlow if we must refer Customer's account to collection or to an attorney, subject to the laws governing these transactions.

Fees and Taxes Subject to Change. The Fees set forth in the attached Order Form are subject to change unless fixed in accord with a term contract. VoxFlow will notify the Customer of any applicable rate change by email or voicemail at least thirty (30) days before the comes into effect. VOIP service may come under future regulation or taxation. The only tax known to apply currently is Sales Tax which applies only to Texas Customers. All sales are considered to be made at the billing address of the customer, if outside of Texas, and at the VoxFlow Operations Center, if the billing address is in Texas.

Account Password and Security. Customer agrees to immediately notify VoxFlow of any unauthorized use of passwords or any other breach of security. VoxFlow cannot and will not be liable for any loss or damage arising from security breaches, although no sensitive data other than messages are stored.

Term. The effective date of this agreement is the date of activation of the Customer's account. VoxFlow may terminate this Agreement at any time with 14 days notice to Customer. The Customer may terminate this Agreement at any time with 14 days notice to VoxFlow. VoxFlow will process terminations on or about the 15th of each month for the upcoming month. Customer must provide written or e-mailed notice of intent to terminate to VoxFlow at the address: support@voxflow.com.

Representations and Warranties. VoxFlow represents and warrants that it is authorized and generally capable of providing the services and products set forth in the Order Form under current law. Should laws, regulations, or tax codes change in a way that materially affects the Service, VoxFlow will attempt to inform Customer by e-mail, and if any new taxes or government imposed fees are made applicable to the Service, Customer will have the choice of terminating the Service or paying the new taxes or fees, on a monthly basis. In the event of termination by Customer under this paragraph, any Service fees already paid to VoxFlow will be refunded on a prorated basis for dates the service was unavailable to customer. In order to be eligible to receive a refund for any unused service, the Customer's account with VoxFlow must be current (i.e. no "past due" balances or outstanding invoices), and the Customer must notify VoxFlow (in writing or via an e-mail to support@voxflow.com) in writing of such requested refund within twenty (20) calendar days of the invoice date containing the first month of unused, refundable Service.

Customer Representations
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

Modifications to Customer Agreement
VoxFlow may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the VoxFlow Website, and/or (b) sending information regarding the amendment to the email address you provide to VoxFlow. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE VOXFLOW WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE VOXFLOW SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and VoxFlow.

Indemnification. Customer agrees to pay any damages or expenses incurred by VoxFlow, including all attorneys' fees and expenses, resulting from claims brought by other parties regarding Customer’s particular use of the Service, or as a result of a breach of these Terms and Conditions. This provision shall survive the Term of this Agreement.

Disclaimers. Warranties. USE VOXFLOW AT YOUR OWN RISK. VOXFLOW MAKES NO EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, SERVICE LEVEL AGREEMENTS, OR ENDORSEMENTS WHATSOEVER, (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SERVICE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE. FURTHER, THE SAME DISCLAIMER SHALL APPLY TO HARDWARE, CONFIGURATIONS, SOFTWARE, OR SOFTPHONES RECEIEVED FROM VOXFLOW IF NOT COVERED UNDER THE MANUFACTURERS WARRANTY. VOXFLOW IS NOT RESPONSIBLE FOR ANY BREACHES OF SECURITY OR LOSS ALLOWED BY USE OF NETWORK DEVICES INSTALLED PRIMARILY FOR THE DELIVERY OF THE SERVICE.

VoxFlow is an Enhanced Information Service not a Telecommunications Service. VoxFlow is not involved in any transactions between Customer and its ISP, or between Customer and any other telecommunications service provider. As a result, VoxFlow cannot, and does not, control whether or not customer has sufficient bandwidth to use the service, or violates any terms or agreements with such entities. VoxFlow’s basic Service involves only the sales, administration, and support functions related to facilitating voice calls through the transmission of packets of Internet Protocol (IP) information over networks, including the Internet. We do not own the network, nor do we have the ability to monitor or control the content of calls or faxes transmitted.

VOIP Service Generally. VOIP is a service that uses (1) Customer's Ethernet LAN, (2) Customer's Internet Connection, (3) the Internet , (4) VOIPCORE, a nationwide private data network managed specifically for VOIP, as well as (3) traditional telephone and long distance service to complete calls to anybody with a phone. When and where traditional phone lines are used to connect to traditional telephone service End Users, taxes and fees are paid as charged.

LIMITATION OF LIABILITY. IN NO EVENT WILL VOXFLOW OR ITS AGENTS OR RESELLERS BE LIABLE FOR ANY DAMAGES CAUSED BY OR TO ANY OTHER SERVICE, TRANSMISSION, COMMUNICATIONS, OR COMPUTER SYSTEM FAILURE. IN NO EVENT WILL VOXFLOW OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES OR PROFITS OR THE COST OF OTHER COMMUNICATIONS SERVICES.

Miscellaneous. VoxFlow does not approve of, or endorse, any product or service by virtue of placement of a third-party product on its Hardware Compatibility List (HCL). VoxFlow may publish one or more differing HCL's, and may change the published HCL, from time to time, and makes no claim about such hardware other than it having passed its basic tests of service functions after configuration, in accordance with information provided one or more hardware vendors or third parties.

These Terms and Conditions shall be governed by, and interpreted according to, the laws of the State of Texas. These Terms and Conditions, and the Order Form describe the entire Agreement between VoxFlow and the Customer and supersede any other verbal or written agreements regarding the subject matter of this Agreement. This Agreement shall survive any change in ownership on the part of the Customer.

This LEGAL AND BINDING AGREEMENT is understood to be executed by both Customer and VoxFlow