1. SERVICE

a. Use of Service

Customer will be required to pre-pay for all usage in the sole discretion of Jail Calls. (See section d below) If Customer is approved for Service, Customer agrees not to resell the Service without the expressed written consent of Jail Calls. Customer also agrees not to use Service for any unlawful or abusive purpose or in such a way as to create damage or risk to Jail Calls’s business, reputation, employees, facilities, third parties or to the public in general. Customer has no proprietary or ownership rights to or interest in a specific phone number or phone numbers (“Number”) assigned to you by Jail Calls, and the number is not portable to any other service provider. Customers who choose to use the Service outside the United States do so at their own risk. Jail Calls can not care for any Customer who uses the Service outside the United States. Jail Calls does not guarantee that the Service will work outside of the United States. (Note: Since we are a pre-paid company, we do not do standard credit checks.)

b. Term

The term of this Agreement depends on the subscriber(s) needs. Jail Calls only requires that the first (30) thirty days of service be paid. After that initial time period, a subscriber is free to cancel service with Jail Calls. Customer agrees to purchase the Service for the 30 day minimum term. The term of the Service shall continue for as long as the subscriber continues to replenish their account for as many months thereafter as said subscriber decides to continue service. If Customer attempts to terminate Service prior to the end of the term, they will be responsible for all charges, including without limitation, unbilled charges, which immediately become due.

c. Unauthorized Usage (forwarding)

Customer may not program the Number into any equipment or infrastructure in or on which the number is intended or used as the origination or destination of a communication other than the ring location that was authorized by Jail Calls.

d. Credit Checks

Jail Calls does not perform credit checks on residential customers. Jail Calls will only perform a credit check on wholesale or other corporate customers.

2. CHANGES TO THIS AGREEMENT

Jail Calls may amend the terms of the Agreement, including all Calling Plans, with advance notice. If Customer does not agree to the amendment, Customer may terminate the Agreement by giving Jail Calls notice. Customer will be charged a disconnect fee.

All calling plans are subject to change without notice. Jail Calls may, in some instances be forced to change a calling plan rate without notice but, will make attempt(s) to inform the affected subscriber(s).

3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

a. Billing and Payment of Charges

Customer is responsible for paying all charges posted to its account, including but not limited to, monthly Service, subscription fee, usage charges, advanced feature charges, and others. Charges, including disputed amounts, must be paid. Jail Calls calculates all rates at one-minute increments, rounded up to the nearest minute, commencing upon the first use of any services being provided. Customer agrees that (a) it would be impractical to determine the exact amount of Jail Calls’s damages if you fail to pay promptly, and (b) in the event of such failure, Customer shall pay Jail Calls the amount due plus liquidated damages of one and one-half percent (1.5%) per month (or any portion thereof) of any amount unpaid when due. Liquidated damages shall be eliminated or reduced to the extent permitted by applicable law. If Jail Calls accepts late or partial payments or payments marked “Paid in Full” or similar notations, it will not waive any of Jail Calls’s rights hereunder nor will it constitute an accord or satisfaction.

Jail Calls reserves the right to make each and every charge pre-paid to its subscribers. Subscribers are informed of this upon subscription.

Calls out of the designated facility will be back charged to the subscriber. It is the responsibility of the subscriber to inform the company of any changes of an inmate’s facility location.

b. Credit Card Charges

If Customer pays by Credit Card, it authorizes Jail Calls to collect such payments made through said credit card WITHOUT chargeback. Should any subscriber chargeback ANY amount from a credit card, such person or entity will be charged a minimum fee of $50.00 dollars plus, the amount that was chargeback and 5% for administrative work to clear the account. As a penalty, the subscriber will no longer be permitted to receive service from Jail Calls and will also be liable for any attorney fees, costs, or other that may be imposed under law. All court costs for recovery of any amounts owed to Jail Calls plus interest at the prime rate plus 12% will be imposed upon said person.

***Auto replenishment will take effect for all customers with a credit card on file when the balance on the account is less or equal to $15. The auto replenishment charge(s) will be in increments of $25. Unless specifically stated by the customer not to activate auto replenishment. ****

Customers will still have the ability to login to their account and add more funds at anytime.

Calls out of designated facility will be back charged to any credit card on file. It is the responsibility of the subscriber to ensure the company is informed of any such calls. It is customer’s responsibility to notify Jail Calls if they have calls from out of designated facility and handle payment for them. If Jail Calls collects these charges, they are non-refundable!

c. Default/Termination

Jail Calls reserves the right to terminate Service at Jail Calls’s discretion. Jail Calls may discontinue the Service, for any reason including without limitation, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the Service is being misused in any way. In the event of Customer default — i.e. Customer does not pay any sum when due, breach any representations you made to Jail Calls, fail to perform any of your obligations set forth in this Agreement between Customer and Jail Calls, are suspected by Jail Calls of committing fraud, harming Jail Calls’s network, harming Service to other customers, using Service in any way that damages Jail Calls — Customer will reimburse Jail Calls for its attorneys’ and expert witnesses’ fees and costs of investigation, collection and similar expenses incurred by Jail Calls in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, Jail Calls may keep any charges or sums prepaid by Customer upon termination. Jail Calls may require reactivation charges to renew Service after termination or suspension.

d. Taxes

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Jail Calls as a result of providing the Service will be added to Customer’s account when imposed or required by law. If Customer is exempt from payment of such taxes, it will provide Jail Calls with an original Tax Exempt Document. Tax exemption will only apply from the date Jail Calls receives the Tax Exempt Document.

4. LIMITATIONS

a. Limitation of Liability

Jail Call’s nonperformance hereunder shall be excused and Jail Calls shall not be liable if caused by act or omission of an underlying carrier; equipment, network or facility failure; equipment, network or facility upgrade or modification; acts of god; strikes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation or causes beyond Jail Call’s control, including without limitation the failure of an incoming or outgoing call, including a 9-1-1 emergency call to be connected or completed, or degradation of voice quality. Jail Call’s liability for any failure or mistake shall in no event exceed Service charges during the affected period. Jail Calls is not liable for any incidental or consequential damages of any type.

b. Indemnification

Customer agrees to defend, indemnify, and hold Jail Calls, its affiliates and agents and any other service provider, harmless from claims or damages relating to this Agreement. This paragraph shall survive termination of this agreement.

c. No Warranties on Service

Jail Calls provides no warranties of any kind on the Service. Statements regarding or descriptions of the Service, if any, by Jail Calls or Jail Call’s agents or installers are informational and are not given as a warranty of any kind.

If a correctional facility denies use of any issued telecom service offered by Jail Calls, it is the responsibility of subscriber to file a complaint with the Federal Communications Commission against said correctional facility as well as a complaint to that state public utilities/service commission. Subscriber should site the Telecom Act of 1996 setion 47 USCS 253(a) which gives subscriber the RIGHT to use the telecommunications company of their choice for service.

If the facility does not allow use of this standard telephone number, that is not the fault of Jail Calls. We only issue working telecom services and the facility is not run by this company.

5. RESOLUTION OF DISPUTES

a. Mandatory Arbitration

Any dispute or claim between Customer and Jail Calls arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. b. Cost of Arbitration

All administrative fees and expenses of an arbitration initially will be divided evenly between Customer and Jail Calls. In all arbitration’s, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys’ fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final. The location of arbitration shall be New Jersey, unless otherwise agreed to by both Parties in writing.

6. REFUNDS

Refunds are granted at the discretion of Jail Calls. Any refunds that are granted will be paid between (4) four and (6) six weeks after the end of services. NO REFUNDS as a right to any subscriber exist under this agreement. Jail Calls has the right to deny refunds to any person who cancels service before the end of (6) six full months of service.

{Note: Refunds are usually granted to those subscriber(s) that have a material reason for canceling service with Jail Calls. Example of a material reason; the person changed facilities and Jail Calls cannot give service in that new facility.}

These TERMS OF SERVICE are subject to change without notice and may be amended from time to time. It is the subscriber(s) responsibility to review the terms clearly posted on the web site to be aware of any changes made. NO claim for failure to know these terms will be acceptable in any way, shape, or form as all public libraries in the United States are equipped with internet access to view them.

7. Negative Balance On Account.

Should any customer of Jail Calls have a negative balance on their pre-paid account for more then 7 business days, Jail Calls will have the right to assume the account is in default. Jail Calls shall close this account thereafter. Reactivation of this account is only possible after the negative balance is paid in full and any reactivation charges that may become due are also paid in full.

Any account that has fallen into a negative balance because of monthly line and/or plan fees shall have 7 days to bring the account into positive standing or it will be terminated for default.

*Any negative balance upon closing of the account shall have any outstanding balance charged to the credit card on file.

8. Call Routing technologies.

All call routing technologies are the property of Jail Calls and no customer shall have any right to the use of such without express written consent by agreement Jail Calls. The use of either the programming or equipment owned by Jail Calls is not a right unless so agreed upon by consent in writing.

Jail Calls shall provide service to all potential customers that agree verbally to the cost and fees explained to them on a per state basis after the pre-paid amount is remitted.

9. Credit or Debit card payments acceptance of terms

At the time you sign up, there is a date and time stamp showing that you have agreed to these terms of service. If there is a charge back for any reason, a claim that you have not been or were not informed there fore cannot be claimed. This is to avoid any types of fraud that may occur.

JAIL CALLS IS NOT A FORCED CONTINUITY COMPANY IN ANY WAY. YOU ARE NEVER REQUIRED TO MAKE A PAYMENT TO A PRE-PAID PHONE SERVICE LIKE JAIL CALLS. You are only required to have a balance to keep your account from any low balance fees and keep your account open. You are not forced to make a payment ever! We are a VOiP phone company. A standard style company that specializes in collect calls.