This Agreement is between DalCom USA Ltd. ("FaxSer"), a New York state Corporation ("We", "Us", "Our" or "FaxSer") and the person signing below ("You", "Subscriber" or "Customer") for your use of the FaxSer Electronic Fax Services ("Service") ("Agreement"). The term "User" means You or any other person using the Service under your account. You are responsible for your and all other Users' use of the Services.

FAXSER Electronic faxing
Thank you for selecting FaxSer.com as your Electronic Fax Service Provider. You may activate your Service by clicking "accept" and initialing where indicated on the sign-up page. By indicating your acceptance on the sign-up page, You represent that You are of legal age and agree to be bound by the rates, terms, and conditions of this Service and this Agreement

MONTHLY TERM
Service is offered on a monthly basis for a term that begins on the date that FaxSer activates your Service, and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least thirty (30) 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 disconnect 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. All of which will immediately become due and payable. Expiration of the term or disconnection of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.

OTHER TERM COMMITMENTS
If you accept any promotion, such as a free month of service, a rebate or other incentive, there may be a term commitment associated with the benefit you accepted. Your term begins the date you activate the Service or accept the promotion and ends on the last day of the commitment period. The commitment period will be disclosed as part of the promotion. If you disconnect service prior to the end of the commitment period, you agree to pay FaxSer a recovery fee for the promotion and/or promotion you accepted. Recovery fees are cumulative and in addition to any other charges or fees you may owe FaxSer and any fees or charges that FaxSer requires upon disconnection of service. Each recovery fee is an amount equal to the difference between the price you paid and the regular price of the good or service at the time you accepted the Service or promotion.

Prohibited Uses
You may use the Service and the FaxSer for lawful purposes. Any use of the Service or the FaxSer in any way that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any other similar behavior, is expressly prohibited. Also interfere with the provision or use of the Services to or by any other person is expressly prohibited. In addition to all other remedies, We have the right to immediately terminate your Service without notice, if, in Our sole and absolute discretion, We determine that You have used the FaxSer Service for an unlawful purpose or in violation of this Agreement.

Use of Service Outside the United States
You may send International Faxes using FaxSer Service, however initiating the FaxSer Service in any countries other than the United States is not supported by FaxSer. If You use the FaxSer Service outside of the United States, You will be solely responsible for - and You expressly agree to indemnify, defend, and hold harmless FaxSer, its officers, employees, agents and contractors from and against any claims, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising from or in connection with - violations of any foreign or local laws, policies, or regulations resulting from such use.

Theft of Service
You shall not use the Service in a manner calculated to avoid FaxSer policies and procedures. You shall not obtain or use the Services in an improper manner. You are responsible to safeguard and protect your PIN (Personal Identification Code). You shall notify us immediately, in writing or by calling our customer support line, if you have any reasons to believe that your PIN is compromised or stolen, and become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service stolen from you, and any or all stolen, fraudulent, and unauthorized use of the Service. FaxSer reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

Number Selection and number portability
FaxSer shall supply You with a new fax number upon your selection of a Service Plan for your use solely in connection with the Service. You may not resell the fax number and FaxSer conveys no right, title, or interest whatsoever in the fax number to You. If you decide to port your old number, it could take from 4 to 6 weeks to port the number; meanwhile, FaxSer will provide you with a temporary number which will be assigned to your service. As the number is ported, you will be notified and your old number will replace your temporary number.

Number Transfer on Service Disconnection
Upon the disconnection of your Service, we may, in our sole and absolute discretion, release to your new service provider the fax number that you ported (transferred or moved over) to us from your previous service provider, and used in connection with your Service if: such new service provider is able to accept such number or your account has been properly disconnected, your account is completely current, including payment for all charges and applicable disconnection fees; and you request the transfer upon disconnecting your account.

Conditions of Using the Service
As a condition of using the Service, it is your responsibility to have access to internet and your email through Dialup, DSL, cable modem, or other internet access connections for use with the Service. You are solely responsible for ensuring that the internet access connection works properly and is compatible with the Service, including without limitation, making arrangements with your internet provider to install, troubleshoot, and maintain these connections. Your payment obligations are not excused by such internet access failures. FaxSer's limitations of liability and your indemnification obligations described below fully apply to any failures of Service caused by the internet access connections or its providers.

Register Your Physical Location
When You first subscribe to FaxSer's Service You must register with FaxSer the address of the physical location where You will be using the Service.

Service Distinctions
The Service is not a traditional fax service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the internet, your underlying internet service. Other things may affect Service, such as maintenance. FaxSer will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between Traditional Fax Service and the Service offering that we provide.

No Directory Listing
The fax numbers you obtain from us will not be listed in any telephone directories. Fax numbers transferred from your local phone company may, however, be listed. As a result, someone with your Fax number may not be able to utilize a reverse directory to lookup your address.

Charges & Payments

Billing
When the service is activated, you must provide us with a valid email address and a valid credit card. We reserve the right to stop accepting your payment method or your payments. If your credit card expires, you close your account, your billing address changes, your credit card is cancelled, or replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance to your credit card, including, but not limited to: monthly Service fees; Additional pages, International pages or any other charges.

Activation Fee
There are no Activation Fees.

Monthly Service Fee
There is basic charge associated with your Service. These fees include the faxing charges defined by your Service Plan; the features associated with your Service Plan and basic account services. You will be responsible for all the additional pages used above your service plan, based on the rates indicated on www.FaxSer.com.

Usage Charges
If You exceed the number of faxing pages on your Service Plan, FaxSer will bill You for the additional pages You used above your allowance.

International Usage Charges
For the latest updated international rate refer to http://www.FaxSer.com/rates. All the listed rates are rates to land line faxes. Faxes sent to any mobile number or premium numbers will be charged at US$ 1.00 per page. FaxSer reserve the right to modify all the international rates from time to time. This will be published on our website. FaxSer may introduce new products and services at special introductory pricing. Introductory pricing may change at FaxSer's discretion. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds US$50.00.

Excessive Usage or Broadcast Usage
FaxSer may require pre-payment for broadcast service or other excessive users at its sole desecration.

Billing Disputes and notices
You must notify us in writing within fifteen (15) days after receiving your statement from your bank or issuer if you dispute any FaxSer charges on that statement, or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:

DalCom USA LTD
11 Middle Neck Rd. 3rd Floor
Great Neck, NY, 11021, USA

Disconnection; Discontinuance of Service
We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the disconnection fee; if applicable, all of which will immediately become due and payable. FaxSer will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.

Taxes
State and local governments may assess taxes, surcharges and/or fees on your use of FaxSer service. These charges may be a flat fee or a percentage of your FaxSer charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local, and all 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 your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

Free Trial - Limitations and Conditions
We offer a thirty (30) day FREE trial from the date of activation of your Service. The FREE Trial applies only to the first-ordered line per account, not to additional or secondary lines. We will wave the charges for the first month of Service. If you decide not to continue with FaxSer service, you can cancel your FaxSer service at any time within 30 days of the activation, YOU will be only responsible for all the incoming and outgoing faxes on a per page basis.

Limitation of Liability; Indemnification; and Warranties

Limitation of Liability
We will not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption that is caused by any of the following:

• An act or omission of an underlying carrier, service provider, vendor or other third party;
• Service, network or facility failure;
• Service, network or facility upgrade or modification;
• Force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
• Service, network or facility shortage;
• Service or facility relocation;
• Service, network, or facility failure caused by the loss of power to you;
• Outage of, or blocking of ports by, your ISP or internet service provider, or other impediment to usage of the Service caused by any third party;
• Any act or omission by you or any person using the Service
• Or any other cause that is beyond our control, including, without limitation, the failure of an incoming or outgoing faxes,
• Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

Disclaimer of Liability for Damages
IN NO EVENT WILL FAXSER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION TO THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE; INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ALL OTHER THEORIES OF LIABILITY THAT APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

Indemnification and Survival
(a) Indemnification. You shall defend, indemnify, and hold harmless FaxSer, 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, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

No Warranties on Service
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF FAX QUALITY OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER FAXSER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR 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 ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF FAXSER'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY FAXSER OR FAXSER'S AGENTS OR INSTALLERS ARE INFORMATIONAL, AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

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.

Content
You will be liable for any or all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations, and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.

Software Intellectual Properties
FaxSer hereby grants the Customer a personal, non-transferable and non-exclusive sublicense (without the right to further sublicense) to use, in object code form. All software used in conjunction with (or imbedded in) the Service, together with all written and electronic documentation, and data provided to You by FaxSer in connection therewith, (collectively, the "Software"), solely in connection with the Services, as the case may be; in strict accordance with applicable, written and electronic documentation pertaining thereto, and with all provisions of FaxSer's license of said Software from its supplier/licensor.

FaxSer (or its suppliers, as the case may be) shall retain all right, title and interest in and to all copyrights, patents, service marks, trademarks, trade names and other intellectual property rights embedded in, or associated with the Software, and nothing in this Agreement conveys or transfers any such rights whatsoever to Customer.

Treatment of Personal Information
By signing below, You represent that You have read and understood FaxSer's privacy policy set forth at www.FaxSer.com/privacy and that You agree to FaxSer's treatment and use of your personal information as set forth therein.

Entirety of Agreement
This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and thereof, and supersedes any or all prior or contemporaneous written or verbal proposals, agreements, understandings or other discussions respecting same.

No Waiver
A failure by FaxSer to enforce any provision of this Agreement is not to be deemed a waiver of any provision hereof, and any such waiver must be in writing. Nor will a waiver of any provision by FaxSer at any time be deemed a waiver of its subsequent right to enforce such provision or a waiver of any other provision of this Agreement.

Governing Law
The Agreement and the relationship between You and Us are governed by the laws of the State of New York without regard to its conflict of law provisions. Until the extent court action is initiated to enforce an arbitration award or for any other reason, You shall submit to the personal and exclusive jurisdiction of the courts located within the State of New York, and waive any objection as to venue or inconvenient forum.

Mandatory Arbitration and No Jury Trial
Any dispute or Claim between You, any member of your household or any guest or employee, and Us arising out of, or relating to the Service will be resolved by arbitration before a single arbitrator; administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in New York, NY. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, 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 arbitrator may be entered in any court having jurisdiction thereof. Regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. All Claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration, or seek to consolidate or bring previously consolidated Claims in arbitration. This arbitration provision constitutes a waiver of any right to a jury trial and an agreement to be subject to jurisdiction in, and conduct arbitral proceedings in, New York.

No Joint Venture or Third Party Beneficiary
Nothing in this Agreement shall be construed as creating a joint venture or partnership between the parties. Other than as set forth in this Agreement, neither party has or shall have any authority to bind, assume any obligation or incur any debt on behalf of, the other party. This Agreement does not (and is not to be construed to) create a beneficial interest for or create any rights enforceable by any person (including any User) not a party hereto.

Severability
Should any provision of this Agreement be held or otherwise determined by any Regulatory Authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provision is to be deemed separate, distinct and independent, and is to be deemed severed and ineffective to the extent of such holding or determination without (i) invalidating the remaining provisions of this Agreement in that jurisdiction or (ii) affecting the legality, validity or enforceability of such severed provision in any other jurisdiction.

No Assignment
Customer may not assign its rights or delegate its obligations under this Agreement to any other person without FaxSer's written consent, which may be withheld in Our sole discretion. This Agreement will inure to the benefit of the parties' respective successors in interest, personal representatives, and permitted assigns.

Interpretation and Survival
The parties agree and acknowledge that they have had an opportunity to review the Agreement with their respective legal counsel and, accordingly, its provisions are not to be construed against the party having drafted same. Any provision of this Agreement (including Customer's payment obligations) that by its terms or any reasonable interpretation thereof will survive the expiration of this Agreement for the period specified (or if none specified) for the applicable statute of limitations.

Use of Terms
The words "writing" or "written" mean preserved or presented in retrievable or reproducible written or electronic form. Except as provided in this Agreement, "writing" or "written" may mean electronic (including e-mail (but not voice mail) transmissions where receipt is acknowledged by return e-mail by the recipient) or hard copy, including by facsimile (with acknowledgment of receipt from the recipient's facsimile machine) unless otherwise stated.

Publicity and Marks
No public statements or announcements relating to this Agreement may be made by either party without the prior written consent of the other party. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks or similar identification without the other's prior written consent, which consent may be withheld or revoked at any time.

Further Assurances
From and after the date of this Agreement, Customer shall (or shall cause any of its Users to), from time to time, at the request of FaxSer and without further consideration, do, execute and deliver, cause to be done, executed and delivered, all such further acts, things, documents and instruments (such acts including, any filings required by any Regulatory Authority) as may be reasonably requested or required by FaxSer (at FaxSer's sole expense) to evidence and to give full force and effect to this Agreement.

Future Changes to this Agreement
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on Our Website at www.FaxSer.com. Such changes will be binding upon You unless We hear from You within fifteen (15) calendar days from the date they are posted to Our Website. If we do not hear from You within that period, the changes will be deemed conclusively accepted. In the event You do not wish to be bound by the change, your sole remedy would be to terminate the Agreement without liability in accordance with the provisions hereof (including payment of any charges due through the date of termination). The Agreement as and when posted supersedes all previously agreed to electronic and written terms of Service, including without limitation, any terms included with the packaging of the Service.