AGREEMENT BETWEEN USER AND CustomTollFree

By subscribing to and/or using CustomTollFree services, you (Customer) agree to the following terms and conditions:

Rates and Billing

Rates and fees for CustomTollFree services are available at the CustomTollFree web site and those rates and fees are fully incorporated herein. Service fees are in addition to usage fees and represent charges for on-line enhanced data services. (Read the FAQ’s and web site descriptions for other important information on the services.) The rates and charges may be changed at any time without notice and it is up to the Customer to check the listed rates for such changes. CustomTollFree may post notices of any rate changes on Customer’s invoices or on the account login page. Per minute rates shown are for one minute in U.S. dollars. All calls are billed in six-second increments with a 60-second minimum except International (non- U.S. and Canada) calls that are billed in one-minute increments. All call charges are rounded up to the nearest penny. It is customer's responsibility to make sure their ring-to numbers are working numbers with sufficient call capacity. If unanswered calls to any CustomTollFree number exceed 20% of Customer's usage for that CustomTollFree number, CustomTollFree will charge a $0.03 per uncompleted call surcharge for every unanswered call in excess of 20%. Calls that are blocked by the customer on the CustomTollFree interface will not be counted as unanswered calls - unanswered calls subject to this surcharge are only those calls that are busy, ring-no-answer or sent to a non-working number on the ring-to number. Customer is responsible for all calls made to the CustomTollFree toll free and/or local numbers including but not limited to wrong number, telemarketing and fraud calls. All charges for services will be debited to the credit card provided by Customer. If the credit card payment is denied, or if the account is otherwise past due, service may be disabled immediately and terminated if the payment is not made within five days of the due date or date upon which the credit card charge was attempted. CustomTollFree shall not be liable for any accounts suspended or terminated for non-payment. Numbers on past-due, suspended, or terminated accounts cannot be ported. Any dispute or billing discrepancy must be submitted in writing via an email to CustomTollFree within 60 days of Invoice. Customer agrees to pay interest at 18% per annum, or the maximum amount allowed by law, on overdue charges plus reasonable cost of collections, including legal fees. Processing charges may apply if a payment is declined ($10 per credit card decline. Service will be rendered subject to credit approval by CustomTollFree. Customer’s application for service, via the Internet, by fax or mail or Customer’s use of CustomTollFree service attests to Customer’s agreement to pay invoices within the stated terms and conditions and Customer’s agreement with the terms and conditions herein.

Content

CustomTollFree has no control over the content of the information transmitted through its accounts. CustomTollFree does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a CustomTollFree account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a CustomTollFree account, or (iii) assume any liability for any material distributed through a CustomTollFree account which is distributed in violation of any third party’s copyright or other intellectual property right.

Use of Service

The Services may not be used for unlawful purposes and Customer agrees to comply with all applicable laws, regulations, or conventions including but not limited those related to data privacy, international communications, exportation of technical or personal data, junk fax and Do Not Call regulations. Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, harassing, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Customer may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder. Customer agrees not to use the service in any way that would interfere or impact CustomTollFree’s network or service to other customers. CustomTollFree reserves the right to suspend and/or terminate accounts for excessive busy/failure rates, if Customer’s use of service adversely impacts CustomTollFree’s network or other customers or if Customer uses the service for in any unlawful, fraudulent, or harassing manner. Further CustomTollFree reserves the right to terminate/suspend and/or refuse service to any Customer that CustomTollFree finds morally objectionable or abusive to CustomTollFree's staff. CustomTollFree will not disclose customer information to 3rd parties unless it has a good faith belief that such disclosure is necessary to comply with Court Order, Search Warrant, FCC regulations, or other legal process served upon CustomTollFree. CustomTollFree will not be liable for any claim that arises out of its acting as a Responsible Organization, or where the CustomTollFree service is not available after CustomTollFree’s acceptance of this order, or where Customer is provided with a number(s) other than one(s) committed by CustomTollFree. It is the responsibility of the Customer to check the CustomTollFree number(s) to make sure they are assigned to the Customer's account, they route to the proper ring-to number(s), and are working before advertising such number(s). Under no circumstances shall CustomTollFree be responsible for consequential, indirect, direct, or special damages, (lost profits, marketing costs or otherwise) that result from interruptions of services, outages or inability to use services, lost recordings/voicemails/faxes and in any such event CustomTollFree’s sole liability shall be to provide credit equal to the charges for the affected calls/services. The International numbers and local CustomTollFree numbers may not support Fax and data transmissions at all times.

LIMITATION OF LIABILITY

As a material inducement for CustomTollFree to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CustomTollFree OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. In the event of CustomTollFree’s failure to provide service or provision of unsatisfactory service, for any reason whatsoever, CustomTollFree’s sole liability shall be to provide credit equal to the charges for the affected calls/services.

Warranties

CustomTollFree MAKES NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. SWIFT800EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

Number Portability

Toll-free numbers may be ported by Customer to another carrier subject to the charges set forth on the web site. If Customer cancels a CustomTollFree toll-free number or terminates service, the toll-free number may be transferred to another carrier, and will incur the porting fee published on the CustomTollFree website. The number may not be available to port if it has been released to the SMS pool or re-assigned to a new customer. It is Customer’s responsibility to port the toll-free number(s) prior to account cancellation. There are some vanity and premium numbers (marked on the website and upon sign-up) that are not portable and do not become the property of Customer. There is no fee to port toll-free numbers in to CustomTollFree. Local numbers may, in most cases, be ported to CustomTollFree for $30 per number – this fee may be higher in some instances.

INDEMNIFICATION

Customer shall defend, indemnify and hold harmless CustomTollFree, its officers, directors, employees and agents from any breach of this Agreement, use of Customer’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. CustomTollFree shall give written notice of any such claim, action or demand within a reasonable time. CustomTollFree shall be defended by attorneys of their choice at Customer’s expense. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.

LAW AND ARBITRATION

This Agreement shall be governed by and construed in accordance with New Jersey State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the New Jersey State Board of Mediation (NJSBM). The arbitration shall be held in Newark, New Jersey.. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. Provided however, CustomTollFree may, at its sole option, bring a collection suit for any unpaid amount owed by Customer, in court in any state that has personal jurisdiction over Customer (residence state or state where customer is doing business).

SEVERABILITY

If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.

NO WAIVER

The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.

SERVICE CANCELLATION

Customer may cancel service at any time. However there is a cancellation fee to port any CustomTollFree toll-free or local number that has been in service – this is a $75 per number cancellation porting fee which will apply only if Customer requests to port a CustomTollFree number to another carrier. There is no fee(s) if Customer does not request to port the number(s) or if Customer originally ported the number to CustomTollFree. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC SWIFT800SERVICE OR PRODUCT MAY BE FOUND ON THE WEB SITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT.

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC CustomTollFree SERVICE OR PRODUCT MAY BE FOUND ON THE WEB SITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT.