:: OPTO NETWORK ::

The Terms & Conditions of Service is a legal agreement ("Agreement") between the user (either as an individual or any other legal entity) ("you, "user" or "Customer of OPTO NETWORK") and OPTO NETWORK ("we," "us", "Company" or "OPTO NETWORK"). This Agreement governs both the Service and any devices, such as an IP phone, Phone Adapter, or any other IP connection device ("Device"), used in conjunction with the Service. Be sure to carefully read and understand all of the rights and restrictions delineated in this Agreement. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. For Your reference, You may print this Agreement by using the "Print" option on Your browser. OPTO NETWORK reserves the right to update this Agreement at any time without notice to You. You may view the current applicable version of the Agreement at any time by clicking on the "Terms and Conditions" link at the bottom of each Website page.

Service is offered on a pre-paid monthly basis for a term which begins on the date that Opto Network activates your Service and ends on the day before the last day of the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Opto Network written notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

If you have subscribed to Opto Network'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 prior written permission from Opto Network. You agree that the Opto Network 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. Opto Network reserves the right to immediately terminate or modify the Service, if Opto Network determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.

If you have subscribed to Opto Network's Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, 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, tele-commuting, tele-marketing, sales, 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 prior written permission from Opto Network. 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 Opto Network 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. Opto Network reserves the right to immediately terminate or modify the Service, if Opto Network determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.

You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or otherwise violate any applicable local, state, national or international law. Opto Network reserves the right to terminate your service immediately and without advance notice if Opto Network, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at Opto Network's discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Opto Network against any and all liability for any such use.if Opto Network, in its sole discretion believes that you have violated the above restrictions, Opto Network may forward the objectionable material, as well as your communications with Opto Network and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

While we encourage use of the Service within the United States to other countries, Opto Network does not presently offer or support the Service to customers located in other countries except Canada. If you remove the Device to a country other than the United States or Canada and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Opto Network against any and all liability for any such use. Should the removal from the United States or Canada of the Device violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Opto Network against any and all liability for such violation. Opto Network reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States or Canada.

d. Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Opto Network.

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Opto Network) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Opto Network terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers. Should Opto Network suspend or terminate your Service, the Service will not function until such time as Opto Network restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on GLOBAL TELELINK’S website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Opto Network are and shall remain the exclusive property of Opto Network and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that Opto Network will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by Opto Network, which Opto Network reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Opto Network against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Opto Network in each instance which Opto Network may deny in its sole discretion. Opto Network reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

You agree to notify Opto Network immediately, in writing or by calling the Opto Network customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Opto Network receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

The Device may be returned to Opto Network within fourteen (14) days of the termination of Service to receive a credit for the $49.99 disconnect fee (refer to section IV. g. of this document regarding termination fees), provided: (i) you have retained, and return along with the Device, proof of purchase and original packaging; (ii) contents are undamaged and in original condition, reasonable wear and tear excluded; (iii) all parts, accessories, documentation and packaging materials are returned; and (iv) equipment is returned with a valid return authorization number obtained from Opto Network's customer care department. You are responsible for the cost and risk of return shipping of equipment. If you receive cartons and/or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact Opto Network's customer care department immediately. To obtain a return authorization number, you must contact billing@optonetwork.com

You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by Opto Network. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.

You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section I. h and has been received by Opto Network.

a. 1. Power Outage

You acknowledge and understand that dialing does not function in the event of a power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.

a. 2. Broadband Service Outage

You acknowledge and understand that service outages by your broadband provider will prevent ALL service.

a. 3. Service Outage

Due to Suspension of Your Account You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL calls.

a. 4. Other Service Outages

You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

a. 5. Limitation of Liability and Indemnification

You acknowledge and understand that the Opto Network's liability is limited for any service outage or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold Opto Network, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service and/or inability of Customer or any third person or party or to access emergency service personnel.

Opto Network may change the terms of the Agreement from time to time. Opto Networkwill provide notice to you by posting to the "Terms and Conditions" link of our Web Site. Notices will be considered given and effective on the date posted.

a. Billing

You must give us a valid credit card number when the Service is activated. If the card expires, or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Opto Network at once.

Opto Network will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which Opto Network decides to bill in arrears) to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, disconnect fees and shipping and handling charges. Opto Network reserves the right to bill at more frequent intervals if the amount due at any time exceeds $25.

b. Billing Disputes

You must notify Opto Network in writing within 7 days after receiving your credit card statement if you dispute any Opto Network charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Corporate Controller PMB 279,34208 Aurora Road Solon Ohio, 44139,USA or E-mail us at billing@optonetwork.com

Opto Network only accepts payments by credit card. Your initial use of the Service authorizes Opto Network to charge the credit card account number on file with Opto Network, including any changed information given Opto Network if the card expires or is replaced, for Opto Network charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Opto Network receives your written notice terminating Opto Network's authority to charge your credit card. Opto Network may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Opto Network is declined or in case of any other non-payment of account charges. Termination of Service for declined card or non-payment leaves you FULLY LIABLE to Opto Network for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Opto Network owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.

d. Termination/Discontinuance of Service

Opto Network reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Opto Network discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.

e. Taxes

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Opto Network as a result of providing the Service or a Device will be billed to your account when imposed upon Opto Network. If Customer is exempt from payment of such taxes, it will provide Opto Network with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Opto Network receives the Tax Exempt Document.

f. Terms of Money Back Guarantee:

You must cancel your service within 14 days of the activation of your account. When you cancel, you'll have 14 days to return your equipment. You must not exceed 250 minutes of usage in the first 14 days of service. You are responsible for any charges for overage, international or directory assistance calls. If you exceed 250 minutes, you will not be refunded for the first month of service. Under terms of this Money Back Guarantee, Opto Network refunds the activation fee, first month of service and waives the disconnect fee, provided all the terms are satisfied.

All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. THE MONEY BACK GUARANTEE WILL NOT BE ISSUED IF YOU FAIL TO MEET THESE REQUIREMENTS.

You are responsible for return shipping. Please email billing@optonetwork.com to cancel your service and obtain a return authorization number. Equipment returned without a valid return authorization number will not be eligible for the Money Back Guarantee.

g. Disconnect Fee

You will be charged a disconnect fee of $49.99 per line upon termination of Service for any reason or for convenience by you (except when termination results from Opto Network discontinuing the Service generally or terminating your Service in its discretion without a stated reason). The disconnect fee will billed directly to your credit card.

V. LIMITATIONS

a. Limitation of Liability

Opto Network shall not be liable for any failure to provide the Service, at any time or from time to time, or any degradation of voice quality, that is caused by any of the following:

1. act or omission of an underlying carrier or third party;

2. equipment, network or facility failure;

3. equipment, network or facility upgrade or modification;

4. force majeure events such as (but not limited to) acts of God; strikes; fire; war;riot; government actions;

5. equipment, network or facility shortage;

6. equipment or facility relocation;

7. service, equipment, network or facility failure caused by the loss of power to Customer; or

8. any other cause that is beyond Opto Network's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, or degradation of voice quality. Opto Network's liability for any failure or mistake shall in no event exceed Service charges on account of the affected time period. Opto Network is not liable for incidental or consequential damages of any type.

b. Indemnification

Customer agrees to defend, indemnify, and hold Opto Network, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, harmless from claims or damages by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, or the Device. This paragraph shall survive termination of this agreement.

c. No Warranties on Service

Opto Network makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Neither Opto Network nor its vendors will be liable for unauthorized access to Opto Network's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Opto Network's or its vendors' negligence. Statements and descriptions concerning the Service, if any, by Opto Network or Opto Network's (Global Telelinks Inc.'s) agents or installers are informational and are not given as a warranty of any kind.

d. No Warranties, or Limited Warranties, for Devices

If Customer purchased the Device new from Opto Network and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Opto Network at the time of purchase, Customer agrees that it accepts its Unit "as is" and that Customer is not entitled to replacement or refund in the event of any defect.

e. No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

f. Content

You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Opto Network reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if Opto Network determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Opto Network's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Opto Network's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold Opto Network against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

VI. GOVERNING LAW / RESOLUTION OF DISPUTES

a. Mandatory Arbitration

Any dispute or claim between Customer and Opto Network 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. Governing Law

The Agreement and the relationship between you and Opto Network shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and Opto Network agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts. The failure of Opto Network to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

c. Entire Agreement

This Agreement constitutes the entire agreement between you and Opto Network and governs your use of the Service, superceding any prior agreements between you and Opto Network.

d. Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement

VII. Privacy and Notices

a. Privacy

Opto Network Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Opto Network is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.optonetwork.com for additional information.

b. Changes; Notices

Notices to Customer shall either (i) be made by posting to the "Service Announcements" section of our Web Site, and/or (ii) be sent to the email address on file for Customer at Opto Network. You are responsible for notifying us of any changes in your email address by e-mailing us at Service@optonetwork.com, and we may continue to use your previous e-mail address unless and until we have received your notice of address change. Notices will be considered given on the date posted or sent by Opto Network.

VIII. Miscellaneous.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Ohio (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in the State of Ohio. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Opto Network and any user with respect to the subject matter hereof, and users have not relied upon any promises or representations by Opto Network with respect to the subject matter except as set forth herein.