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TERMS AND CONDITIONS OF SERVICE

2. Use of Service. You agree to use Service only for authorized and lawful purposes. The use of the Company's network or Service in violation of any United States or international law or regulation is prohibited. Neither You nor your users shall use the Service for the purpose of making any communication that is harassing, slanderous, threatening or obscene or any communication where the message or its transmission or distribution would constitute or would encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. The Service may not be used in any manner that would violate the intellectual property rights of any party. You are expressly prohibited from reselling or transferring the Service or any portion thereof to any other person for any purpose. In addition, You are expressly prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for uses that result in excessive usage patterns. If the Company determines, in its sole discretion, that Customer is reselling or transferring the Service or that Service is being used for any unacceptable activities, the Company reserves the right to immediately terminate or modify the Service without advance notice and to assess additional charges for each month in which unacceptable usage occurred. In the event of unacceptable use by Customer, the Company reserves the right to block the use of its network or suspend or terminate Service. Any activity constituting an unacceptable use of Service shall cause You to be liable for any damages to the Company caused by such activity.

3. Description of Service.

(a) Description of Service. The Service provided by Company includes audio and Web-based conferencing services. The Service also includes certain equipment and features which the Company, in its sole discretion, may add to, modify or delete from time to time.

(b) Subject to Change. Company reserves the right to modify its Service in any manner it sees fit at any time. Without limiting the generality of the foregoing, the Company may, at any time, alter, substitute or withdraw selected features from its Service offerings, with or without notice to You.

(c) Subject to Availability. The Company offers Service subject to facility availability and has the right to limit the manner in which any portion of its or its underlying providers’ networks may be used to protect the technical integrity of these networks.

(d) Service Requirements. Customer is solely responsible for providing all customer premises and ancillary equipment necessary to access the Service. The Company makes no representations, warranties or assurances that hardware, software or other equipment independently purchased or otherwise owned by Customer will be compatible with the Service or will not be damaged.

(e) Privacy and Security. The Company shall treat the content of all Customer communications as private, except as may be required by law or regulation. The Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. The Company has no control over the content or security of voice and other communications and cannot guarantee that its Service is completely secure.

4. Payment for Service. By providing the applicable account number and billing information and clicking ACCEPT below, You authorize the Company to charge your credit card (the "Selected Card") at the end of each billing cycle for all usage during the applicable billing period without deduction or offset. For plans billed under a flat rate, there shall be no carryforward or carryback of minutes from any given month to any prior or subsequent month. All charges will be calculated and payments processed in accordance with rates and billing periods posted on the Company's Website, and all pricing is subject to change by the Company from time to time. In the event that a posted change in rates or billing periods is deemed unacceptable, You may terminate Service by contacting the Company as provided in Section 10 below. Continued use of Service following publication of a change in rates or billing periods constitutes your agreement to the change. If You believe any charges have been billed by the Company in error, You may request a billing adjustment by contacting e2m's customer service department. A request for billing adjustment shall not prevent or delay any charge to your Selected Card. Any amounts determined by Company to have been billed in error may be refunded or credited to your account at the Company's option. In the case of any request for billing adjustment made beyond 60-days of the billing applicable period, such charges shall be deemed valid and Customer waives any right it may have to any refund, credit, or adjustment with respect to such charges.

5. Credit Card Data. You acknowledge and agree that use of Service is predicated on providing and maintaining accurate and timely credit card account data as requested or required by the Company from time to time. You are solely responsible for and agree to promptly notify the Company if: (i) there is any change in the credit card account number or expiration date of your Selected Card or (ii) there is any change in the billing address associated with your Selected Card. In the event that your Selected Card is cancelled, expires or is otherwise terminated or invalidated, You must immediately provide the Company with a current, valid credit card number and associated billing information. You agree to indemnify, defend and hold the Company harmless from any and all claims, losses, damages, fines, penalties, costs and expenses arising out of inaccurate or incomplete credit card account data or similar information provided by You to the Company.

6. Account Security. You are solely responsible for maintaining the accuracy and security of any username, password, PIN numbers, phone numbers and other specific account information provided by or issued to You (collectively "Account Information"). You agree to accept sole responsibility for maintaining the confidentiality of and restricting access to your Account Information. You agree to accept sole responsibility for all uses of your account and Account Information, whether or not authorized by You. Notwithstanding the foregoing, the Company expressly reserves ownership and authority over any and all usernames, passwords, PIN numbers, phone numbers, or other specific account information issued by the Company, and reserves the right to rescind, revoke, alter, exchange or otherwise change such information at its discretion at any time.

7. DISCLAIMER OF WARRANTIES. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE, RELATED PRODUCTS, EQUIPMENT, SOFTWARE OR DOCUMENTATION. THE COMPANY PROVIDES SERVICE ON AN “AS IS” BASIS AND CANNOT IN ANY WAY GUARANTEE SERVICE QUALITY AND SECURITY. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY MAKES NO WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE COMPANY’S WEBSITES AT ANY GIVEN TIME AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR ANY MATERIAL CONTAINED ON ANOTHER WEBSITE THAT MAY BE ACCESSIBLE VIA A LINK FROM THE COMPANY’S WEBSITES.

8. Indemnification. You agree to indemnify and hold harmless the Company, its officers, directors, employees, affiliates and agents from any and all claims, losses, damages, fines, penalties, costs and expenses, including attorneys’ fees, arising from or in connection with your negligent or wrongful acts or omissions. In the event You violate any of these Terms and Conditions, in addition to being subject to other remedies, liabilities and obligations that may be imposed for such violation, You shall indemnify and hold the Company harmless with respect to any and all claims, demands and actions that may arise out of or by reason of such violation.

9. Liability of the Company.

(a) Force Majeure. The Company shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in any Service, facility or transmission, if caused by an act of God, fire, war, civil disturbance, act of government, or due to any other causes beyond the Company's control.

(b) Infringement. The Company shall not be liable for any claim, loss expense, or damage for libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data or information transmitted via the Service.

(c) General Limitation. The Company's liability for damages, resulting in whole or in part from or arising in connection with the furnishing of Service, including but not limited to mistakes, omissions, interruptions, delays, errors, breaches of security, degradation or other defects shall not exceed an amount equal to the charges for the Service for the period during which the Service was affected. No other liability in any event shall attach to the Company. The Company shall not be liable for any indirect, special, incidental or consequential damages including, but not limited to, loss of revenue or profits, for any reason whatsoever.

10. Termination. You or the Company may terminate Service for any reason upon notice (if any) reasonable under the circumstances. The Company may, at its sole discretion, choose to interrupt, delay, or otherwise cease offering Service on a temporary or permanent basis, with or without notice to You. In the event of termination by either party for any reason, charges for the month of termination will be prorated on the basis of a 30-day month. All rights of the Company shall survive termination and any payments or refunds owed by either party shall be duly paid within 30 days of termination.

11. Non-Waiver. No delay or failure by either party to exercise any right under these Terms and Conditions, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. No waiver by a party of any right under these Terms and Conditions shall be effective unless in writing and signed by the party making the waiver.

12. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to principles of conflicts of law. Any claim arising with respect to Service or these Terms and Conditions of Service is subject to arbitration and shall be submitted to arbitration in Des Moines, Iowa, in accordance with the rules of the American Arbitration Association.

13. Entire Agreement. These Terms and Conditions, including any modifications or additions made in accordance herewith, constitute the entire agreement with respect to Service. The Company reserves the right to alter, modify, rescind or otherwise change these Terms and Conditions from time to time in writing. These Terms and Conditions supersede any previous or additional statements or promises made to You by the Company or any of its employees, representatives or agents, including but not limited to any advertising, brochures or solicitations.

14. Severability. In the event any provision of these Terms and Conditions is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable, and if, for any reason, an arbitrator or court finds that any provision of these Terms and Conditions is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited.

15. Acknowledgement. By clicking ACCEPT below, You acknowledge that You have read, understood and agreed to these Terms and Conditions of Service, including those contained in Section 4 regarding payment via your Selected Card. In addition, You agree that all such Terms and Conditions of Service are reasonable given the nature of the services offered. By clicking ACCEPT below, You further represent that You are at least 18 years of age, have contractual capacity and are otherwise eligible under applicable laws to contract for Service and agree to these Terms and Conditions.

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