Terms of Service:

THIS AGREEMENT ("Agreement") is between FTS ("we," "us" or "FTS") and the user
("you," "user" or "Customer") of FTS's Residential or Small Business enhanced
communications or telecommunications services and any related products or
services ("Service"). Both the Service and any devices, such as an IP phone,
Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP
connection device ("Device" or "Equipment"), used in conjunction with the
Service. By activating the Service, you acknowledge that you have read and
understood, and you agree, to the terms and conditions of this Agreement, and
you represent that you are of legal age to enter this Agreement and become
bound by its terms. Also, by activating and/or using the Service, you agree
that you are also bound by the terms of FTS's applicable state and/or federal
tariffs, rate schedules, and public disclosures, which are incorporated into
this agreement by reference.

 1. SERVICE

1.1 Term Service is offered on a calendar-month basis, for an initial term that
begins on the date that FTS activates your Service and ends on the last day of
the month of your activation. Subsequent terms of this Agreement automatically
renew on a monthly basis without further action by you unless you give FTS
notice of non-renewal at least ten [10] days before the end of the monthly term
in which the notice is given. If you 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 and any and all outstanding charges. Customer is
responsible for, and shall pay, any applicable federal, state, municipal, local
or other governmental sales, use, excise, value-added, personal property,
public utility or other taxes, fees or charges now in force or enacted in the
future, that arise from or as a result of Customer's subscription or use or
payment for the Service or a Device. Such amounts are in addition to
payment for the Service or Devices and will be billed to your account.

1.2.1 Residential Use of Service and Device If you have subscribed to FTS's
Residential services, the Service and Device are provided to you and your
household 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. If you fail
to comply with these limitations, FTS reserves the right to immediately
terminate or modify the Service, if FTS determines, in its sole discretion and
in accordance with applicable law and/or the rules and regulations of
appropriate state and federal regulatory bodies, that Customer's Service is
being used for non-residential or commercial use.

1.2.2 Small Business Use of Service and Device - Prohibition on Resale. If you
have subscribed to FTS'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. You
agree that the FTS Small Business Plans are for ordinary and usual office voice
communications and do not confer the right to use the service for auto-dialing,
continuous or extensive call forwarding, telemarketing, fax broadcasting, fax
blasting, or any type of automated or continuous use. FTS reserves the right to
immediately terminate or modify the Service, if FTS determines, in its sole
discretion, that Customer's Service is being used for any of the aforementioned
activities, in accordance with applicable law regarding such terminations.

1.2.3 Bundled Service: You acknowledge and agree that the Services are offered
on a bundled basis (including local, toll, long distance and international
service) and cannot be separated. You acknowledge that these services (local,
toll, and long distance) are not available individually and that in order to
maintain each of the services in the bundle, one must maintain the others on
the same service line. Should you wish to change any of these services provided
by FTS, You will terminate your Service with FTS.

1.2.4 Equipment Non-Return Fee : You will be charged an equipment non-return
fee of $69.00 per Device obtained from FTS upon termination of Service for any
reason regardless of if such termination is by FTS or you. The equipment
non-return fee becomes due and payable immediately upon termination and will be
billed directly to your credit card. If you have multiple Devices, you will be
charged an equipment non-return fee of $69.00 per Device for each Device
belonging to FTS in your possession. To receive a credit for the equipment
non-return fee, you must return the Device(s) undamaged and in original
condition within fourteen (14) days of termination. FTS will not credit you if
the Device(s) is damaged or not in its original condition as received by you.
In the event you disconnect multiple lines, FTS will issue you a credit for all
equipment non-return fees upon receipt of all Devices (e.g., Multimedia
Terminal Adapters, etc.) in accordance with this Section. Further, FTS reserves
the right to charge you for any power cables, network cables or other
incidental equipment (Equipment) provided to you in addition to the Device
should such Equipment not be returned.

1.3 Lawful Use of Service and Device

1.3.1 Prohibited Uses: 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 communication or material of any kind when in FTS's sole judgment
the transmission, receipt or possession of such communication would constitute
a criminal offense, give rise to a civil liability, or otherwise violate any
applicable local, state, national or international law. FTS reserves the right
to terminate your service immediately and without advance notice if FTS, in its
sole discretion, believes that you have violated the above restrictions, or any
Applicable Tariff term, leaving you responsible for the full month's charges to
the end of the current term, including without limitation unbilled charges,
plus an equipment non-return fee, all of which immediately become due and
payable, as may be permitted under Applicable Law. You are liable for any and
all use of the Service and/or Device by any person making use of
the Service or Device provided to you and agree to indemnify and hold harmless
FTS against any and all liability for any such use that fails to comply with
this Section 1.3.1. If FTS, in its sole discretion believes that you have
violated the above restrictions, FTS may forward the objectionable material, as
well as your communications with FTS and your personally identifiable
information to the appropriate authorities for investigation and prosecution.

1.3.2 Use of Service and Device by Customers Outside the United States: While
we encourage use of the Service within the United States to other countries,
FTS does not presently offer or support the Service to customers located in
other countries. If you remove the Device to a country other than the United
States and use the Service from there, you do so at your own risk, including
the risk that such activity violates local laws in the country where you do so.
You are liable for any and all use of the Service and/or Device by any person
making use of the Service or Device provided to you. Transport or sale of the
Device outside of the United States may result in a violation of US or foreign
technology import/export laws or rules; compliance with which is your sole
responsibility.

1.4 Loss of Service Due to Power Failure: You acknowledge and understand that
the Service does not function in the event of power failure. Should there be an
interruption in the power supply to your Device or at any point in your
transmission path, the Service will not function until power is restored. A
power failure or disruption may require the Customer to reset or reconfigure
equipment including your Device or any connecting equipment in your
transmission path prior to utilizing the Service. Power disruptions or failures
will also prevent dialing to emergency service numbers including any 911
calling feature that may be activated in or accessed by your Service.

1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software:
The Service and Device and any firmware or software used to provide the Service
or provided to Customer in conjunction with providing the Service, or embedded
in the Device, and all Services, information, documents and materials provided
or offered by FTS and on FTS'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 FTS are and shall remain the exclusive
property of FTS and nothing in this Agreement shall grant you the right to
right or license to use 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 Customer in conjunction with providing the Service, or embedded in the
Device, other than a nontransferable, revocable license to
use such firmware or software (without making any modification thereto)
strictly in accordance with the terms and conditions of this Agreement, and
that the Device is exclusively for use in connection with the Service. If you
decide to use the Service through an interface device not provided by FTS,
which FTS 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 FTS against any and all liability arising out
of your use of such interface device with the Service.

1.6 Tampering with the Device: 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 FTS in each instance. Doing so
shall constitute a violation of this Agreement.

1.7 Theft of Service: You agree to notify FTS immediately, by calling the FTS
customer service line, if the Device or Service is stolen or if you suspect or
become aware at any time that your Service is being stolen or fraudulently
used. You will be liable for all use of the Service using a Device or Access
Code stolen from you and any and all stolen Service or fraudulent use of the
Service until FTS is informed of the theft.

1.8 Delivery or Warranty of Device; Ownership of the Device: If Customer
receives cartons and/or Devices that are visibly damaged, please note the
damage on the carrier's freight bill or receipt and keep a copy. Keep the
original carton, all packing materials and parts intact and contact FTS's
customer care department immediately. Warranty coverage varies depending on the
type of Device that Customer chooses. Please refer to the FTS warranty
materials included in the packaging of your Device(s). If Customer purchased
the Device new from FTS 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 FTS at the time of
purchase, Customer agrees that it accepts its Device "as is" and that Customer
is not entitled to replacement or refund in the event of any defect. You
understand that
any Device provided by FTS for use with the Service is and remains the
exclusive property of FTS unless purchased in full by you. Nothing in these
terms should be construed to confer any title, rights of ownership, or other
property rights onto you, the Customer.

1.9 Number Transfer on Service Termination: FTS may, solely at the Company's
discretion, release the telephone number that was ported in to FTS by you and
used in connection with your Service provisioned by FTS to your new service
provider, if such new service provider is able to accept such number, upon your
termination of the Service, and provided (i) your account has been terminated;
and (ii) you request the transfer upon terminating your account.

1.10 Service Distinctions: You acknowledge and understand that the Service has
different technical limitations than a traditional telephone service. Technical
differences exist between traditional telephone service and this Service
offering provided by FTS. The Service may be subject to different regulatory
treatment than traditional or wireline phone service. This treatment may limit
or otherwise affect your rights and responsibilities before Federal and State
regulatory agencies.

2. EMERGENCY SERVICES- 911 DIALING

2.1 Differences in Availability and Operation of Emergency Dialing Service
("911" or "E911"): You acknowledge and understand that the Service does NOT
function or connect the same way as traditional copper, fiber or wireline
telecommunications support for traditional 911 or E911 access to emergency
services. The 911/E911 Services offered by the Company in conjunction with
these services are available only on FTS-provided or other approved Devices as
described herein, and only in specific areas, as specified by the Company, but
you acknowledge and understand that 911-type dialing is NOT automatic. When
ordering the service, you must separately activate such 911-type dialing
capabilities by specifically requesting them at the time of service activation
or thereafter, subject to FTS, governmental and/or industry technical approval,
availability and restrictions, with specific confirmation from FTS, as
described herein. Such request must contain specific information as requested,
and as may be modified by FTS in its sole discretion from time to time, and
must be accompanied by your acceptance of the specific term, conditions and
responsibilities attendant thereto, including but not limited to maintenance
and communication to FTS in advance of any changes in information relating to
the physical location for which the 911-type capabilities may be activated,
and/or authorized login, passwords and authorized users on the account.
FTS 911 dialing cannot be used in conjunction with any "Soft Phone"
("download") application. You agree to inform any household residents, guests
and other third persons who may be present at the physical location where you
utilize the Service as to the non-availability of traditional 911 or E911
dialing from your FTS Service and Device(s). If you activate FTS 911-type
dialing service, you agree to inform any household residents, guests and other
third persons who may be present at the physical location where you utilize the
Service as to the important differences and limitations of FTS 911 dialing
service as compared with traditional 911 or E911 dialing, as set forth in this
Agreement, including without limitation the conspicuous posting on the device
of any caution or warning materials as may be appropriate, and you agree to
make reasonable efforts and use reasonable judgment in informing them of the
proper and specific operation and requirements of the Service, if available,
and/or to restrict third parties' access to the Service for any purpose.

2.2 Description of 911-Type Dialing Capabilities - Activation Required: You
acknowledge and understand that 911-type dialing is NOT automatic. You
acknowledge and understand that you cannot dial 911 from this line unless and
until you have received a confirming email regarding service activation
generally and a primary number assignment associated with the geographic
location you have provided and agree to maintain. Once you have received a
confirming email that such limited 911 dialing has been successfully activated
according to this Agreement and any amendments hereto that may be posted from
time to time on the FTS website, you may dial 911 as needed, provided that all
other Service requirements, including but not limited to, power supply,
broadband internet connection, internet service provider login or "timing out"
(even with an automatic restart that may cause a reassignment by your internet
service provider of a different session-based internet address), and Service
login are activated, operational and uninterrupted for the entire duration of
the call. When you dial 911 from your designated physical location, your call
is routed from the FTS network to the Public Safety Answering Point (PSAP) or
to local emergency service personnel designated for the address that you listed
at the time of activation and confirmation. FTS can only route 911-type calls
within certain geographic areas, from FTS-provided devices and IP phone primary
number assignments designated by FTS as geographically appropriate, as
locations within such areas may be confirmed by FTS upon service activation.
You acknowledge and understand that any 911-type calls made from any physical
or geographical location other than the physical location designated and
associated with the account, regardless where a caller or third party desires
or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON YOUR PHONE
UTILIZING FTS VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER
THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER WILL BE LOCATED AT
EITHER THE PUBLIC SAFETY ANSWERING POINT (PSAP) OR WILL BE LOCAL EMERGENCY
SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU
REGISTERED FOR THE SERVICE.  As described herein, this 911-type dialing
currently is NOT the same as traditional 911 or E911 dialing, and at this
time, does not necessarily include all of the capabilities of traditional 911
dialing. Note, in particular, that certain features of "E911" may not be
available in your area or technically feasible via this Service. While certain
call-back capabilities, if they are available, may function on this Service,
any interruption before, during or after any call -- in power supply,
broadband internet connection, internet service provider login or "timing
out" (even with an automatic restart that may cause a reassignment by your
internet service provider of a different session-based internet address), or
Service login may cause these features to fail.

2.3 Service Outage:

2.3.1 Power Outage: You acknowledge and understand that 911 dialing, like the
Service as a whole, does not function in the event of a power failure. Should
there be an interruption in the power supply, the Service and 911 dialing will
not function until power is restored. A power failure or disruption may require
the Customer to reset or reconfigure equipment, connections or logins, prior to
utilizing the Service or 911 dialing.

2.3.2 Broadband Service Outage: You acknowledge and understand that service
outages or interruptions by your broadband provider will prevent ALL Service
including 911 dialing. Even a brief interruption in your broadband internet
connection may cause the Service and 911 calling to fail until Customer resets
or reconfigures equipment, connections or logins.

2.3.3 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 Service, including 911 dialing.

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

2.3.5 Limitation of Liability and Indemnification: You acknowledge and
understand that the Company's liability is limited for any Service outage
and/or inability to dial 911 from your line or to access emergency service
personnel, as set forth in this document, and applicable Tariffs. YOU AGREE TO
DEFEND, INDEMNIFY, AND HOLD HARMLESS FTS, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO
YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES,
FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE
SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE
RELATED TO 911 DIALING.

2.4 Requires Activation: You acknowledge and understand that 911 dialing does
not function unless you have successfully activated the 911dialing feature on
your account, and until such later date that such activation has been confirmed
to you through a confirming email, and until you have carefully reviewed the
email and, if indicated, have responded to any informational errors or
discrepancies in such email, and, if applicable, such errors, if any, are
corrected and the corrections confirmed in writing by FTS. YOU ACKNOWLEDGE AND
UNDERSTAND THAT YOU CANNOT DIAL 911 FROM THIS LINE UNLESS AND UNTIL YOU HAVE
RECEIVED A CONFIRMING EMAIL. You agree to carefully review the confirmation
email for any errors in your account information, and understand and
acknowledge that FTS relies exclusively on you to provide and review the
correct information for providing your Service.

2.5 Failure to Designate the Correct Physical Address When Activating 911
Dialing: IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR FTS
EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911
COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE
PROVIDER.

2.6 Requires Re-Activation if You Change Your Number: You acknowledge and
understand that 911 dialing does not function if you change your phone number
unless and until you have successfully activated the 911 dialing feature
following the instructions from the "Dial 911" link on your dashboard, and
until such later date that such activation has been confirmed to you through a
confirming email. 911 dialing must be re-activated. Although you may have
activated 911 dialing with your former FTS phone number, you must separately
activate 911 dialing for any new number.

2.7 Change of Physical Location of Equipment: 911 DIALING WILL NOT FUNCTION
CORRECTLY IF YOU MOVE YOUR FTS EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED
WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER TO HAVE 911
CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS IN ACCORDANCE
WITH THE INSTRUCTIONS ON THE FTS VOIP SERVICE WEBSITE.

2.8 Requires Re-Activation if You Move: You acknowledge and understand that 911
dialing does not function properly or at all if you move or change the physical
location of your equipment to a different street address. Failure to provide
the current and correct physical address and location of your FTS equipment
will result in any 911 dialing you may make being routed to the incorrect local
emergency service provider

2.9 Possibility of Network Congestion and/or Reduced Speed for Routing 911: Due
to the manner in which it is technically possible to provide the 911 dialing
feature for FTS VoIP Service at this time, you acknowledge and understand that
there is a greater possibility of network congestion and/or reduced speed in
the routing of a 911 communication made utilizing your equipment as compared to
traditional 911 dialing over traditional public telephone networks. You
acknowledge and understand that your call may be routed to a different
dispatcher than that used for traditional 911 dialing. The dispatcher will be
located at either the public safety answering point (PSAP) or will be local
emergency service personnel designated for the address you listed at the time
you registered for the service. You acknowledge and understand that there may
be a greater possibility that the general telephone number for the local
emergency service provider will produce a busy signal or will take longer to
answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are
specifically designated to receive incoming 911 calls using traditional 911
dialing.

2.10 Automated Number Identification: At this time in the technical development
of FTS 911 dialing, it may or may not be possible for the Public Safety
Answering Point (PSAP) and the local emergency personnel to identify your phone
number when you dial 911. FTS's system is configured in most instances to send
the automated number identification information; however, the phone system
routes the traffic to the PSAP and the PSAP itself must be able to receive the
information and pass it along properly, and they are not yet always technically
capable of doing so. You acknowledge and understand that PSAP and emergency
personnel may or may not be able to identify your phone number in order to call
you back if the call is unable to be completed, is dropped or disconnected, or
if you are unable to speak to tell them your phone number and/or if the Service
is not operational for any reason, including without limitation those listed
elsewhere in this Agreement.

2.11 Automated Location Identification: At this time in the technical
development of FTS 911 Dialing, it may not be possible to transmit
identification of your service address that you have listed to the Public
Safety Answering Point (PSAP) and local emergency personnel for your area when
you dial 911. You acknowledge and understand that you may need to state the
nature of your emergency promptly and clearly, including your location, as PSAP
personnel will NOT have this information. You acknowledge and understand that
PSAP and emergency personnel may not be able to find your location if the call
is unable to be completed, is dropped or disconnected, if you are unable to
speak to tell them your location, and/or if the Service is not operational for
any reason, including without limitation those listed elsewhere in this
Agreement.

2.12 Alternative 911 Arrangements: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT
OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN
ALTERNATIVE MEANS OF ACCESSING TRADITIONAL E911 SERVICES.

2.13 No compatibility with other equipment: All non-voice communications
equipment, including but not limited to, home security systems that are set up
to make automatic phone calls, fax machines, modems and medical monitoring
devices, are not compatible with the Service. By accepting this Agreement, you
waive any claim against FTS for interference with or disruption of such systems
due to the Services

3. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

3.1 Limitation of Liability: FTS shall not be liable for any delay or failure
to provide the Service, including 911 dialing, at any time or from time to
time, or any interruption or degradation of voice quality that is caused by any
of the following: 1.) act or omission of an underlying carrier, service
provider, vendor or other 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 FTS's control, including without limitation the failure of an incoming
or outgoing communications, the inability of communications to be connected or
completed, including 911 dialing, or degradation of voice quality. FTS's
liability for any failure or mistake shall in no event exceed Service charges
with respect to the affected time period.

3.2 No Consequential Damages: In no event shall FTS, its officers, directors,
employees, affiliates or agents or any other service provider who furnishes
services to Customer in connection with this Agreement or the Service be liable
for any incidental, indirect, special, punitive, exemplary or consequential
damages, or for any damages, including but not limited to loss of data, loss of
revenue or profits, or arising out of or in connection with the use or
inability to use the Service, including inability to be able to dial 911 or to
access emergency service personnel through the Service. The limitations set
forth herein apply to claims founded in breach of contract, breach of warranty,
products liability, tort and any and all other theories of liability and apply
whether or not FTS was informed of the likelihood of any particular type of
damages.

3.3 Indemnification: Customer agrees to defend, indemnify, and hold harmless
FTS, 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, 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 this Agreement, the Services, including 911
dialing, or the Device. This paragraph shall survive termination of this
Agreement.

3.4 No Warranties on Service: FTS 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. FTS does not
warrant that the Service will be without Service failure, delay, interruption,
error, and degradation of voice quality or loss of content, data or
information. Neither FTS nor its officers, directors, employees, affiliates or
agents or any other service provider or vendor who furnishes services or
products to Customer in connection with this Agreement or the Service will be
liable for unauthorized access to FTS'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 FTS's or its service provider's or
vendors'
negligence. Statements and descriptions concerning the Service or Device, if
any, by FTS or FTS's agents or installers are informational and are not given
as a warranty of any kind.

3.5 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.

3.6 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. FTS reserves the right to terminate or suspend affected Services,
and/or remove Your or Users' content from the Services, if FTS determines that
such use or content does not conform with the requirements set forth in this
Agreement or interferes with FTS'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. FTS'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 FTS 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.

4. GOVERNING LAW / RESOLUTION OF DISPUTES

4.1 Mandatory Arbitration: Any dispute or claim between Customer and FTS
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. The parties agree that no arbitrator has the
authority to: (i) award relief in excess of what this Agreement provides; or
(ii) award punitive or exemplary damages. 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. Customer acknowledges that
this arbitration provision constitutes a waiver of any right to a jury trial.

4.2 Governing Law: The Agreement and the relationship between you and FTS shall
be governed by the laws of the State of Florida without regard to its conflict
of law provisions. You and FTS agree to submit to the personal and exclusive
jurisdiction of the courts located within Florida. The failure of FTS to
exercise or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision. 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. 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.

5. PRIVACY

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

6. CHANGES; NOTICES

Except where expressly prohibited by law, the Customer agrees to accept notices
to this agreement electronically, either by email or by web site posting.
Notices to Customer of any changes to these "Terms of Service" shall be
considered given by posting to the "Service Announcements" section of the FTS
VoIP Services Web Site. Notice will be considered received by Customer, and
such changes will become binding on Customer, on the date posted to the FTS Web
Site and no further notice by FTS is required.

7. ENTIRE AGREEMENT

This Agreement, the accompanying work order, any Terms of Services or other
rules now or hereafter specified by FTS for the Service, public disclosures
and/or any applicable tariff(s) on file with the applicable state utility
commission or FCC shall constitute the entire agreement between FTS and
Customer with respect to the subject matter hereof, and supersedes all previous
written agreements between FTS and Customer with respect to the services
provided hereunder. Acceptance of the Service shall constitute acceptance of
the terms and conditions herein.