Terms of Agreement INTRODUCTION 1. You cannot become a service subscriber unless you have accepted these terms and conditions and you are of legal age to enter into a contract. Upon acceptance, these terms and conditions constitute a legal agreement that detail your rights and obligations as the subscriber to the services provided by Verb Exchange Inc. They provide very important information about your subscription, so you should take time to read and understand them. If you have any questions about the terms and conditions, or about your rights and obligations as a subscriber, please contact us. ACCEPTANCE OF TERMS AND CONDITIONS 2. If you are subscribing through the internet, you must indicate your acceptance of these terms and conditions in order to complete the subscription process. A copy of the terms and conditions will be provided to you by mail. If you are subscribing by telephone, you will receive a copy of these terms and conditions by mail and will be deemed to have accepted them unless you cancel your subscription within 7 calendar days of receipt of the terms and conditions. 3. In consideration of Verb Exchange Inc. (the "Company") accepting your subscription for the services, you (the "Subscriber") agree to be bound by the following terms and conditions (referred to herein as "Terms of Service" or the "Agreement"): THE SERVICE 4. The service (the "Service"), depending on the type of subscription, is an internet based unified communication service ("taglineTM"), interactive broadcast consumer messaging ("myMessengerTM"), commercial interactive broadcast service ("Echo") and real time message monitor and personal content delivery system ("Exchange Console"). Depending on the type of subscription, the Service handles the Subscriber's email, voice mail, fax and conference calling and allows the Subscriber to access, compose and manage messages via the telephone or the internet. SUBSCRIPTION 5. Subscriber agrees to provide true, current, accurate and complete information as prompted by the subscription form and/or customer service representative and to maintain and update this information as required to keep it current, complete and accurate. If any information provided by the Subscriber is inaccurate, not current or incomplete, the Company retains the right to suspend or terminate the Service and the Subscriber's account. 6. Subscriber acknowledges that he or she is responsible for maintaining the confidentiality of his or her account and login password. Subscriber is responsible for all uses of Subscriber's account, whether or not authorized by Subscriber. CONFIDENTIALITY OF SUBSCRIBER INFORMATION 7. Unless Subscriber consents in writing or disclosure is made pursuant to a legal power, all information kept by the Company regarding the Subscriber, including the phone numbers contained within the Subscriber's account or message box, are confidential and may not be disclosed by the Company to anyone other than: (a) the Subscriber; (b) a person, who in the reasonable judgment of the Company is seeking the information as an agent of the Subscriber; (c) an agent retained by the Company to collect outstanding balances owed to the Company by the Subscriber; (d) a law enforcement agency if the Company has reasonable grounds to believe that the Subscriber or anyone using the Subscriber's service has knowingly supplied the Company with false or misleading information or is involved in unlawful activities; or (e) to comply with valid legal process such as a search warrant, subpoena or Court Order. USE OF SERVICE 8. Subscriber shall use the Service only as generally intended by the Company and only in compliance with rules published by the Company from time to time. Subscriber shall not resell the Service. Subscriber shall not use the Service for unsolicited advertising or unsolicited messaging. Subscriber shall not use the Service in any manner which is annoying or dangerous to others or interferes with the use of the Service by others. 9. Subscriber acknowledges that the Service acts simply as a passive conduit for the distribution and transmission of data. Subscriber shall be solely responsible for the content of his or her transmissions through the Service. Subscriber shall comply with all applicable local, provincial, state, federal and international laws and regulations in using the Service. 10. Subscriber acknowledges that the Company may establish general practices and limits concerning use of the Service, including but not limited to, the maximum (a) number of days that messages will be retained, (b) number of messages that may be sent from or received by an account on the Service, (c) disk space that will be allotted on servers with respect to the Subscriber, and (d) number of times (and duration for which) Subscriber may access the Service, in a given period of time. The Subscriber acknowledges that the Service is a combination of utilities, including inbound calling, outbound calling, voicemail, voice messaging, email, fax and conference calling and agrees that reasonable usage would constitute a mixture of most or all of the utilities. Any usage pattern that does not constitutes reasonable usage may result in the Company terminating the Service and the Subscriber's account and/or imposing additional fees, at the Company's highest published rate, during such period of unreasonable usage, to recover the Company's costs. Examples of unreasonable usage include, but are not restricted to, regular calls in excess of 3 hours in duration, an outbound call percentage greater than 70% of overall service usage or an inbound call percentage in excess of 70% of service usage. 11. The Company reserves the right to log off accounts that are inactive for an extended period of time. 12. Any dealings with sponsors on the Service and in promotions, including the delivery and payment of goods and services, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Subscriber and the sponsor or other third party dealer or promoter. The Company shall not be responsible or liable for such dealings or promotions or any part thereof. SERVICE FEES AND CHARGES 13. The basic account fees and usage charges ("Service Fees") shall be provided at the rates set out in the Company's pricing plan at the time of subscription, plus applicable taxes. The Company may from time to time increase the Service Fees upon providing the Subscriber with 30 days notice. The Subscriber may terminate the Service within 7 calendar days of receipt of such notice, failing which the Subscriber shall be deemed to have accepted the rate increase. In the event of termination by the Subscriber, the Company will not be required to refund the balance of the monthly fee for the then current billing cycle. 14. The Company shall have the right upon 24 hours notice to the Subscriber, to impose premium surcharges for some areas of the Service. The Subscriber may terminate the Service within 24 hours of receipt of such notice, failing which to the Subscriber shall be deemed to have accepted the premium surcharge. In the event of termination by the Subscriber, the Company will not be required to refund the balance of the monthly fee for the then current billing cycle. BILLING 15. Service Fees shall be paid through Master Card, Visa or debit cards with the Visa/Master Card logo. Billing may be made through a third party (ie. the Subscriber's employer) where authorized in writing by the third party. In such an event, for the purpose of this section (Billing) the Subscriber shall mean such third party. 16. The Subscriber shall pay their basic account fees either monthly or annually in advance. (a) If monthly in advance, the basic account fees will be debited to the Subscriber's credit or debit card on the date that the account was created, and thereafter on the Subscriber's regular billing date (being a date specified by the Company) and on the same day of each month thereafter; provided that the Subscriber will be credited on the first regular billing date, on a pro rata basis, for basic account fees applicable to the period commencing on the first regular billing date and ending 30/31 days after the account was created; or (b) If annually in advance, the basic account fees will be debited to the Subscriber's credit or debit card on the date that the account was created, and thereafter on the Subscriber's regular billing date (being a date specified by the Company) and on the same day of each year thereafter; provided that the Subscriber will be credited on the first regular billing date, on a pro rata basis, for basic account fees applicable to the period commencing on the first regular billing date and ending 30/31 days after the account was created. 17. The Subscriber shall pay for usage charges monthly in arrears, or in $25 increments in arrears, whichever occurs first. The usage charges incurred during the month will be debited to the Subscriber's credit or debit card on the Subscriber's billing date, or on the date that usage charges equal $25, whichever occurs first. The Company will notify the Subscriber by e-mail or facsimile of the account fees and usage charges incurred each month. 18. If for any reason payment is not effected through the Subscriber's credit or debit card and payment becomes past due, the Company will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. Subscriber is responsible for any fees, including attorney and collection fees, that the Company may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the Subscriber. 19. The Company reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing. TERM AND TERMINATION 20. The initial term of the subscription shall be 90 days, and shall continue on a month to month basis thereafter until terminated by either party in accordance with these Terms of Service. 21. The Company shall have the right to terminate the Service: (a) immediately upon a material default by the Subscriber of the Terms of Service. By way of example and not limitation, the use of the Service for unsolicited advertising or messaging shall constitute a material default by the Subscriber; or (b) at any time upon 30 days notice in writing to the Subscriber. 22. The Subscriber shall have the right to terminate the Service: (a) immediately upon a material default by the Company of the Terms of Service. Such termination shall be effective upon receipt of notice by the Company; or (b) at any time upon 30 days notice in writing to the Company. Notice of termination may be given to the Company by calling the Customer Service Department at 1-866-824-2273 or by sending Subscriber's notice of termination request by mail to: Verb Exchange Inc., Customer Support Services, 908 1055 Dunsmuir Street, Four Bentall Centre, PO Box 49266, Vancouver, British Columbia, V7X 1L2, or by fax to 604-685-8366, or such other address or number as the Company shall advise from time to time. 23. If for any reason the subscription is terminated by the Subscriber or the Company, the Subscriber shall pay all Service Fees, surcharges and late payment charges, if any, until the effective date of termination and the Company shall be authorized to debit the Subscriber's credit card or debit card for same; provided that if the Subscriber prepaid Service Fees on an annual basis, the Company will refund the Service Fees on a pro rata basis from the date of such termination to the end of the then current billing period. Where billing is made through a third party (ie. the Subscriber's employer), for the purpose of this section (Term and Termination), the Subscriber shall mean the third party. DISCLAIMER OF WARRANTIES 24. THE SUBSCRIBER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE SUBSCRIBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAVE AND EXCEPT AS SET OUT HEREIN, THERE ARE NO (AND THE COMPANY EXPRESSLY DISCLAIMS) WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED WHETHER ARISING BY STATUTE, CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, SPECIFICATIONS, DESIGN, CONDITION OR QUALITY. 25. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE (A) THAT THE SERVICE WILL MEET THE SUBSCRIBER'S REQUIREMENTS; (B) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE; (D) AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS; (E) AS TO THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF SUBSCRIBER'S TRANSMISSION OR DATA; (F) AS TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE; (G) THAT DEFECTS IN THE SOFTWARE SUPPORTING THE SERVICE WILL BE CORRECTED; (H) THAT THE DOWNLOADING OF MATERIAL AND/OR DATA THROUGH THE SERVICE WILL NOT DAMAGE A COMPUTER SYSTEM OR RESULT IN A LOSS OF MATERIAL OR DATA; (I) THAT THE SYSTEM WILL SAVE AND STORE MESSAGE AND OTHER COMMUNICATIONS AND MAINTAIN THE CONTENTS OF THE SUBSCRIBER'S ACCOUNT OR MESSAGE BOX; OR (J) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM THIRD PARTIES, OR PROMOTED, THROUGH THE SERVICE. EXCLUSION OF LIABILITY 26. IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE TO THE SUBSCRIBER OR TO ANY OTHER PARTY FOR DAMAGES FOR LOSSES IN CONNECTION WITH THE SERVICE (INCLUDING WITHOUT LIMITATION THE ACTIVATION, PROVISION, INTERCONNECTION, AUTHORIZED OR UNAUTHORIZED USE, MAINTENANCE, INTERRUPTION, REPAIR, TERMINATION OR RESTORATION OF SERVICE) OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR THE PROCUREMENT OF SUBSTITUTE SERVICE OR INCREASED COST OF OPERATIONS, LOST PROFITS, LOST SAVINGS, OR PUNITIVE, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES, AND EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. MONETARY LIMIT 27. IF, DESPITE THE FOREGOING LIMITATIONS, FOR ANY REASON THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BECOME LIABLE TO THE SUBSCRIBER OR ANY OTHER PARTY IN CONNECTION WITH THE SERVICE (INCLUDING WITHOUT LIMITATION THE ACTIVATION, PROVISION, INTERCONNECTION, AUTHORIZED OR UNAUTHORIZED USE, MAINTENANCE, INTERRUPTION, REPAIR, TERMINATION, OR RESTORATION OF SERVICE) OR THIS AGREEMENT, THEN, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES FOR ALL DAMAGES, INJURY, COSTS, EXPENSES (INCLUDING ACTUAL LEGAL FEES AND COSTS CHARGED BY A LAWYER TO HIS OWN CLIENT) AND LIABILITY INCURRED BY THE SUBSCRIBER AND ALL OTHER PARTIES SHALL NOT EXCEED AN AMOUNT EQUAL TO IN THE CASE OF SERVICE SUBJECT TO USE CHARGES, THE INITIAL PERIOD CHARGE, AND IN THE CASE OF ALL OTHER SERVICE, THE CHARGES FOR AFFECTED SERVICE FOR THE PERIOD DURING WHICH THAT SERVICE WAS AFFECTED TO A MAXIMUM OF $100 PER OCCURRENCE, AND $100 IN THE AGGREGATE PER ANNUM (PAID IN THE CURRENCY IN WHICH SERVICE IS BILLED). SEPARATE ENFORCEABILITY 28. THE FOREGOING SECTIONS 24, 25, 26 AND 27 ARE TO BE CONSTRUED AS SEPARATE PROVISIONS AND EACH SHALL BE INDIVIDUALLY ENFORCEABLE. PROPRIETARY RIGHTS 29. The Subscriber acknowledges and agrees that the Service contains, embodies or is associated with intellectual property, being proprietary rights and interests in the nature of patents, copyrights, trade marks, goodwill, and the like that are owned by the Company and or by any third party whose intellectual property the Company is obliged to protect. The Subscriber covenants and agrees that he or she will not use or employ such intellectual property other that in connection with the use of the Service as permitted herein. 30. The Subscriber further acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics and other material contained in sponsor advertisements or information presented to Subscriber through the Service or advertisers is protected by copyright, trademarks, service marks, patents and other proprietary rights and laws. 31. The Subscriber acknowledges and agrees that the Subscriber is not the owner of any telephone number assigned to the Subscriber by the Company. Ownership of any such phone number is vested solely in the Company. As such, the Company may, without liability therefore to the Subscriber: (a) from time to time change the telephone number assigned to the Subscriber (whether due to area code split or any other reason whether outside or within the Company's control), (b) following the termination of the subscription, assign such telephone number immediately to another subscriber. 32. If any intellectual property contained in, embodied by, or associated with the Service is alleged or found to infringe upon a patent, copyright, trade secret or other intellectual property right of any third party, the Company may, at its sole election, (a) suspend or terminate this Agreement without liability to the Subscriber; or (b) replace or modify the Company's intellectual property, and consequently the Service, so that it becomes non-infringing, without liability to the Subscriber. This section states the entire liability of the Company in respect of infringement of intellectual property rights wherever and whenever subsisting. INDEMNITY 33. The Subscriber agrees to indemnify and hold harmless the Company and its directors, officers, employees, agents and other representatives, telecommunications providers and content providers from all liabilities, claims and expenses (including legal fees and expenses) that arise from or in connection with (a) a breach of the covenants, agreements and provisos contained herein on the part of the Subscriber to observe and perform; (b) the use of the Service; (c) the use of the Internet, or (d) the Subscriber's transmission of any content on the Service. NOTICES 34. Any notice relating to this Agreement or to be given by any party to any party hereunder, will be in writing and will be well and sufficiently given if personally delivered or sent by facsimile or electronic mail to the Company at: Verb Exchange Inc. Customer Support Services 908 1055 Dunsmuir Street, Four Bentall Centre PO Box 49266 Vancouver, British Columbia Canada, V7X 1L2 Phone 1-888-824-4636 Facsimile 604-685-8366 and to the Subscriber at the address, email or facsimile number provided in the subscription, or to such other addresses or numbers of which the parties give each other notice from time to time. Proof of delivery or electronic conveyance in such manner will constitute proof of receipt provided that such delivery or conveyance will be deemed to have been delivered on the next business day (excluding Saturdays, Sundays and holidays observed in British Columbia) after such dispatch. GOVERNING LAW AND FORUM 35. The interpretation, construction, and enforcement of these Terms of Service shall be governed in all respects by the laws prevailing in the Province of British Columbia and the laws of Canada applicable thereto, which will be deemed to be the proper law hereof. The courts of British Columbia sitting in Vancouver will have exclusive jurisdiction to entertain and determine all disputes and claims, whether for specific performance, injunction, declaration or otherwise howsoever both at law and in equity, arising out of or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of the Terms of Service, and will have jurisdiction to hear and determine all questions as to the validity, existence or enforceability thereof. The Subscriber shall submit to the jurisdiction of the Court of British Columbia and waives its right to plead forum non-conveniens. ENTIRE AGREEMENT 36. These Terms of Service, and the Company's pricing plan as set out on its web-site and order forms at the time of the subscription (as may be modified upon notice as provided herein), supersede all prior discussions and agreements between the parties hereto relating generally to the same subject matter, and shall constitute the sole and entire agreement between the parties. SEVERABILITY 37. If it is held by a court of competent jurisdiction that any provision of this Agreement or part thereof is void, illegal, invalid or unenforceable, then such provision or part shall be deemed to be severable and stricken in such jurisdiction, and the remaining provisions shall remain valid and in effect. INDEPENDENT LEGAL ADVICE 38. The parties hereto do hereby represent and declare that each of them has personally or through their duly authorized representatives read these Terms of Service and, prior to the acceptance hereof, has had the opportunity to receive independent legal advice. NO WAIVER 39. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof. No waiver, delay, indulgence, or failure to act by the Company regarding any particular default or omission by the Subscriber shall affect or impair any of the Company's rights or remedies regarding that or any subsequent default or omission that is not expressly waived in writing. TIME OF ESSENCE 40. Time is of the essence hereof. FORCE MAJEURE 41. The parties hereto shall not be liable for failure of performance hereunder if occasioned by war, declared or undeclared, fire, flood, interruption of transportation, embargo, accident, explosion, inability to procure or shortage of supply of materials, equipment or production facilities, prohibition of import or export of the Service covered hereby, governmental orders, regulations, restrictions, priorities or rationing, or by strike, lockout, or other labour troubles interfering with the provision of such Service, equipment failure, interruption of power supply, power surge or brown-out, or any other cause beyond the control of the parties; provided that the Subscriber's payment obligations hereunder shall not be excused. Any suspension of performance by reason of this article shall be limited to the period during which such cause or failure exists. ASSIGNMENT 42. The Subscriber shall have no right whatsoever to assign its subscription or its interest in the Terms of Service without the prior written consent of the Company, which may be withheld for any reason or without reason or granted on such conditions as the Company deems necessary. The Company may freely assign or transfer its interest under these Terms of Service. SUCCESSORS AND ASSIGNS 43. The Terms of Service shall be binding upon and shall enure to the benefit of the parties hereto and their respective heirs, executors, administrators and permitted successors and assigns (as the context permits). INFORMATION FOR CALIFORNIA RESIDENTS 44. Under California Civil Code Section 1789.3, California Subscribers are entitled to the following specific consumer rights information: Pricing Information: Current rates for using the Service may be obtained by calling Verb Support Services at 1-866-824-2273. Complaints: The Complaint Assistance Unit of the Division of Consumer and Corporate Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 1-916-445-1254.ACCEPTANCE OF TERMS When using Verb Exchange Inc. (the "Provider") Tagline services, the Subscriber ("Subscriber") agrees to be bound by all of the following terms and conditions (the "Terms of Service"), which may be updated by us from time-to-time as provided herein. DESCRIPTION OF SERVICE Provider provides Subscribers with Internet based unified communication services (the "Service"), including, but not limited to, email, voicemail, fax, and conference calling. The Service provides Subscribers with a phone number. Subscribers may access, compose, and manage messages via the telephone. Subscriber, dependent upon choice of service may also utilize these features via the web. SUBSCRIPTION OBLIGATIONS In consideration of the use of the Service, Subscriber agrees to: (a) provide true, current, accurate and complete information as prompted by the subscription form and/or customer service representative; and (b) maintain and update this information as required to keep it current, complete and accurate. If any information provided by Subscriber is inaccurate, not current or incomplete, Provider retains the right to suspend or terminate Subscriber's enrollment and rights. Furthermore, Subscriber acknowledges that Subscriber is responsible for maintaining the confidentiality of Subscriber's account and login password. Subscriber is responsible for all uses of Subscriber's account, whether or not actually or expressly authorized by Subscriber. GENERAL PRACTICES REGARDING USAGE AND STORAGE Subscriber acknowledges that Provider may establish general practices and limits concerning use of the Service, including, but not limited to, the maximum number of days that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Service's servers on Subscriber's behalf, and the maximum number of times, (and the maximum duration for which) Subscriber may access the Service, in a given period of time. The subscriber agrees that the Service is a combination of utilities, including inbound calling, outbound calling, voicemail, voice messaging, email, fax & conference calling & that reasonable usage would constitute a mixture of most or all of the utilities. Any usage pattern that does not constitute reasonable usage may result in Verb Exchange Inc. terminating the account. Examples of unreasonable usage, but not restricted to, include regular calls in excess of 3 hours in duration, an outbound call percentage greater than 70% of overall service usage or an inbound call percentage in excess of 70% of service usage. Subscriber agrees that the Service has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Service. Subscriber acknowledges that the Service reserves the right to log off accounts that are inactive for an extended period of time. Subscriber further acknowledges that the Service reserves the right to change these general practices and limits at any time, in Provider's sole discretion, with or without notice. DISCLAIMER OF WARRANTIES SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SERVICE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE SERVICE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE SERVICE ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM THE SERVICE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER. LIMITATION OF LIABILITY IN NO EVENT SHALL PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER. LAW AND LEGAL NOTICES This Subscriber Agreement represents Subscriber's entire agreement with Provider. Subscriber agrees that this Subscriber Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. As noted above, Subscriber conduct may be subject to other local, state, national, and international laws. Subscriber expressly agrees that exclusive jurisdiction for any claim or dispute with Provider or relating in any way to Subscriber's Subscription or Subscriber's use of the Service resides in the courts of Nevada and Subscriber further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Nevada in connection with any such dispute including any claim involving Provider or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. Information for California Residents: Under California Civil Code Section 1789.3, California Subscribers are entitled to the following specific consumer rights information:Pricing Information. Current rates for using the Service may be obtained by calling Tagline Support Services at 1-888 832 1881. The Provider reserves the right to change fees, surcharges, monthly Subscription fees or to institute new fees at any time upon thirty (30) days prior notice, as provided for in this Subscriber Agreement. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. INDEMNIFICATION Upon a request by Provider, Subscriber agrees to defend, indemnify and hold harmless Provider and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Subscriber Agreement for which Subscriber is responsible or from the use of Service or the Internet, or in connection with Subscriber's transmission of any content on the Service. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Subscriber. In that event, the Subscriber shall have no further obligation to provide indemnification for Provider in that matter. SUBSCRIBER CONDUCT Subscriber may be either an individual or a corporation or business entity, but Subscriber agrees not to resell the use of the Service. Subscriber agrees to be solely responsible for the content of Subscriber's transmissions through the Service. Subscriber acknowledges that the Service simply acts as a passive conduit for the distribution and transmission of data. Subscriber's use of the Service is subject to all applicable local, state, national, and international laws and regulations. Furthermore, Subscriber recognizes that violation of any such rules and regulations shall be cause for termination of Subscriber's account at the discretion of Provider without notice to Subscriber. TERMINATION The initial contract period is 90 days. After this time subscriber may give notice of termination at any time, with 30 days notice. Subscriber can cancel Subscription by delivering written notice to Tagline Customer Service Department at 1-888 832 1881, by sending Subscriber's cancellation request to: Customer Support Services, 201,1166 Alberni Street, Vancouver. BC. V6E 3Z#3 Canada, or by fax at 1-602-296-3311. Subscriber should have current account information available including Subscriber's full name, address, day and evening telephone number, and Subscriber's current payment method. This information verifies Subscriber as the contact person for Subscriber's account. Provider may terminate or cancel Subscriber's Subscription at any time. Subscriber understands and agrees that the cancellation of Subscriber's account is Subscriber's sole right and remedy with respect to any dispute with Provider. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Provider's enforcement or application of this Agreement; (2) any policy or practice of Provider, including Provider's Privacy Policy, or Provider's enforcement or application of these policies; (3) Subscriber's ability to access and/or use the Service; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. PROPRIETARY RIGHTS Subscriber acknowledges that content, including, but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or information presented to Subscriber through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. SUBSCRIBER FURTHER UNDERSTANDS AND AGREES THAT SUBSCRIBER IS NOT THE OWNER OF ANY TELEPHONE NUMBER ASSIGNED TO SUBSCRIBER BY PROVIDER. OWNERSHIP OF ANY SUCH PHONE NUMBER IS VESTED SOLELY IN PROVIDER. SUBSCRIBER UNDERSTANDS AND AGREES THAT FOLLOWING THE TERMINATION OF SUBSCRIBER'S SERVICE ACCOUNT FOR ANY REASON, SUCH PHONE NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER. SUBSCRIBER AGREES THAT PROVIDER WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH REASSIGNMENT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS. SUBSCRIBER FURTHER UNDERSTANDS AND AGREES THAT PROVIDER MAY FROM TIME-TO-TIME NEED TO CHANGE THE TELEPHONE NUMBER ASSIGNED TO SUBSCRIBER (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN PROVIDER'S CONTROL). SUBSCRIBER AGREES THAT PROVIDER WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS. GENERAL TERMS These Terms of Service will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflict of laws, provisions or Subscriber's actual state or country of residence. Both Subscriber and Provider submit to personal jurisdiction in Nevada. If any provision of the Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Provider's failure to act with respect to a breach by Subscriber or others does not waive Provider's right to act with respect to subsequent or similar breaches. The section titles in this Subscriber Agreement are for convenience only and have no legal or contractual effect. This Subscriber Agreement is a legal document that details Subscriber's rights and obligations as a Service Subscriber. You cannot become a Subscriber until you have accepted the terms of the Subscriber Agreement. The Subscriber Agreement provides very important information about your subscription, so you should take the time to read and understand it. If you have questions about this Subscriber Agreement, or about your rights and responsibilities as a Subscriber, please contact us. Provider's business continues to evolve and policies may have to be updated or revised. It may be necessary for Provider to update or revise certain provisions of this Subscriber Agreement. By accepting the Subscriber Agreement, Subscriber agrees that Provider may change the terms of this Subscriber Agreement. If Provider makes material changes or revisions to the Subscriber Agreement; Provider will provide notice to Subscriber thirty days in advance. THE BASICS OF SUBSCRIPTION This Agreement is Subscriber's entire agreement with Provider and governs Subscriber's use of the Service. To access the Service Subscriber must accept the terms of this Agreement. To be a Subscriber, Subscriber must be a minimum of 18 years of age. When Subscriber accepts this Agreement and successfully completes the Provider registration process, your subscription to the Service is activated. After your account is activated you will be sent a hard copy of all end-user documentation by mail, as well as soft copy by e-mail, e.g., user manual, quick reference guide, and quick start guide. PRIVACY POLICY Provider regards Subscribers' privacy is very important. When Subscriber opens an account with Provider, Subscriber will provide Subscriber's name, address, telephone number, and billing information including the credit card or debit card used to pay for Subscriber's account. Provider will release specific information about Subscriber's account only to comply with valid legal process such as a search warrant, subpoena or court order. BILLING OPTIONS Provider offers its Subscribers the following options to pay their monthly charges through electronic means: Master Card, Visa, or debit cards with the Visa/Master Card logo. In the event that you cancel your account or your account is terminated, you have authorized Provider to debit your credit card or debit card for all charges billed to your account through the end of the then current billing cycle. CHARGES and BILLING Provider will charge Subscriber's designated card every month, but some charges may accumulate on Subscriber's account before they are charged to Subscriber's card. Provider reserves the right to change our fees or billing methods at any time, as long as Provider supplies notice of any such change at least thirty days in advance in the same manner described above for changes to this Subscriber Agreement. Provider also has the right to collect applicable taxes and impose premium surcharges for some areas of the service. If Subscriber does not accept the changes in fees or billing methods, Subscriber may cancel the subscription at any time, but Provider will not refund any remaining portion of the monthly fee when Subscriber cancels the subscription. All Subscriber's ancillary charges including and not limited to features such as Find Me / Follow Me, Conference Calling, Call Blast and any inbound and outbound calling charges, (long distance and local) are due immediately and will be charged according to the Subscriber's selected payment method in increments of twenty-five dollars ($25.00) or greater or on the Subscriber's billing date, whichever occurs first. The Provider reserves the right to change the billing increment amount at Providers sole discretion. Should a credit card transaction fail, a second attempt to debit the card will be made the following day. The Subscriber will be notified by email after any failed attempts. Should the account remain in arrears after the second attempt it will be locked. A locked account allows messages to flow into it, but the subscriber cannot access the account to retrieve messages or make calls. In the event of non-payment the service will be terminated after 30 days & the Subscribers number may be reassigned. If Subscriber's payment becomes past due, Provider will assess an additional 1.5% per month, or 18% annually, (or the highest amount allowed by law, whichever is lower) on the amount due. The late charge amount is also due immediately. Subscriber is responsible and liable for any fees, including attorney and collection fees as provided by statute and authorized by law, that Provider may incur in its efforts to collect any remaining balances from Subscriber. Subscriber also agrees that Subscriber will be billed for and will pay any outstanding balances if Subscriber cancels their membership or are terminated. Subscriber should notify the Provider of any billing problems or discrepancies within 90 days after they first appear on the Subscriber's account statement. If the Subscriber does not bring them to the Provider's attention within 90 days, the Subscriber agrees to waive all rights to dispute such problems or discrepancies. BILLING DATE and RENEWAL PROCESS Charges are debited from Subscriber's credit or debit card on Subscriber's monthly billing date. Subscriber's monthly billing date is the day of the month when Subscriber created Subscriber's account (for example, if Subscriber created Subscriber's account on the 6th of the month, Subscriber's billing date will always be on the 6th of each month). If Subscriber's creation/billing date is the last day of the month, the Subscriber will be charged on the last calendar day of each month. The only exception to this billing cycle is the billing of ancillary charges which are due as incurred in the billing increment determined by Provider or Subscriber's billing date whichever occurs first. If Subscriber's account is annually prepaid, Provider will charge Subscriber's credit or debit card at the start of Subscriber's next year of service. SALES TAXES Billing does not include sales taxes. The Customers shall pay or reimburse Provider for any sales or use taxes associated with the Services, if the Service is required to pay such taxes. * Denotes required fields below. First Name:* Last Name:* Mother's Maiden Name:* Company Name: Address:* City:* State/Province:* Zip Code:* Home Telephone:* Office Telephone: Cellular Telephone: Email Username (Please create your own.):* Password (Please create your own.):* Contact Email:* Time Zone:* Tagline Starter Package - $25.00 USD/Month. Includes 150 Minutes per Month/10 Cents/Minute After. Unlimited Web Access. Upgrade to the Annual Package and get Month 13 "Free"! Select One:* tagline™ 25 - Monthly Package tagline™ 40 - Monthly Package tagline™ 60 - Monthly Package tagline™ 100 - Monthly Package tagline™ 175 - Monthly Package tagline™ 12 - Monthly Package Billing Information - Credit Card Type:* Mastercard Visa Credit card Number:* Expiration Date:* By your completing your submission, you are acknowledging that you have read, understand and fully agree with our Terms of Agreement. Questions? Call us anytime! 866-824-9684