CUSTOMER SERVICE AGREEMENT

FOR ECALLNET PHONE SERVICE

Highlights:

(1) Customer can use eCallNet without changing long distance carrier

(2) eCallNet is a prepaid service and does not offer refunds

(3) PIN expiration policy

(4) Privacy Policy

(5) Rates are subject to change

This Customer Service Agreement (the “Agreement”) governs all the terms and conditions associated with your use of the services offered by or through eCallNet.com Corporation (“eCallNet”).

1. Services Provided.
eCallNet offers you, among other things, the ability to make local toll, domestic long distance and international telephone calls using touch-tone telephones by dialing various access numbers made available on its Website www.eCallNet.com (the “Website”), entering a Personal Identification Number (“PIN”) provided to you by eCallNet and dialing the called party. These services are provided on a pre-paid basis only and do not require you to change your current telephone service provider(s) in order to use the services. A complete list of eCallNet services can be found on the Website. eCallNet is not responsible for reimbursements for calls made with another service while eCallNet is temporarily unavailable.

2. Credit References
eCallNet may refuse to provide service if your credit is not deemed satisfactory which determination shall be made at eCallNet’s sole discretion.

3. Access Numbers.
To access eCallNet’s telephone services, you must dial either a toll free (e.g., 800-xxx-xxxx) number or, where available, a local access number (provided on the Website). After dialing an access number you must enter your PIN, unless PINless is enabled and compatible with your origination number, and then the destination telephone number, Before you use any local access number, check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access number. eCallNet will not reimburse the customer for any extra charges assessed by your local phone company as a result of dialing one of eCallNet’s access numbers.

4. Payment.
eCallNet’S SERVICES ARE PROVIDED ON A PREPAID BASIS ONLY. As you use eCallNet’s services, your Account will be debited accordingly. No phone services will be provided if your Account does not have a sufficient balance to cover the cost of the service.

5. Recharging Account.
In the event you want to use services in an amount which exceeds the remaining balance in your Account, you may access the Website and recharge your Account by purchasing additional service in non-refundable, preset dollar values (e.g., $20, $30, $50). eCallNet will send you an electronic confirmation of any such recharge.

6. Rates.
eCallNet’s rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using eCallNet’s services. Please note that the rates for calls to certain numbers (e.g., mobile/special service numbers) can be higher than rates for calls to other numbers within the same country. eCallNet reserves the right, at its sole discretion, to modify those rates at any time and/or to offer special promotions. Rates are based on country code and city code, not country name. eCallNet.com's rate structure is clearly outlined in the RATES section of the eCallNet.com homepage. While eCallNet.com endeavors to maintain rates that are competitive in the market, eCallNet.com does not guarantee that its rates will change in any predictable fashion. In addition, though it is not the intent of eCallNet.com to raise its rates at any point in the future, should market conditions or factors outside of eCallNet.com's control cause its costs or wholesale rates to some or all destinations to go up, eCallNet.com reserves the right to adjust its rates accordingly.

7. Toll Free Surcharges.
There is a 69-cent surcharge typically assessed from the following locations: (1) Payphones, (2) Hotels, (3) Dormitories, (4) Hospitals, and (5) Other commercial phone lines.

8. Rate Changes.
eCallNet reserves the right, at its sole discretion, to modify its rates and its surcharges. eCallNet is not obligated to credit back any unused balance in your Account so eCallNet strongly suggests that the customer use up the remaining balance before terminating the Account.

9. Billing Information.
eCallNet does not send any invoices to its customers. Instead, you have confidential access to your billing information - for the current month and the prior three months only - on the Website under “My Account” 24 hours a day/ 7 days a week. The customer is responsible for printing out their monthly statements, and eCallNet will not provide monthly billings beyond what is available online.

10. Billing Disputes.
You must notify eCallNet by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. eCallNet will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent eCallNet determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify eCallNet of a billing dispute as noted above, you will waive all rights to bring any claim regarding the dispute.

11. International Calls.
Although the quality of international telephone calls has improved greatly in recent years, calls to certain countries outside the United States can be interrupted as a result of service/network issues in those countries. eCallNet will attempt to identify any such issues, with the cooperation of the customer. All necessary information must be provided including date, time, origination number and destination number. However, eCallNet WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS.

12. Cancellation.
You may discontinue service at any time upon notice (either electronic or written) to eCallNet. We will then shut down access to your account. You will not be entitled to any refund of the unused balance in your prepaid Account as of the date you discontinue service. For full balance card refunds will be charged a transaction fee of $1.00. The refund processing time may up to 15 business days.

13. Expiration Policy.
Your Account and your PIN will expire six (6) months from the date of sign up (or last recharge) on the Account. If you request an extension of the expiration period from eCallNet (either written or electronic) prior to the expiration of the six (6) month period, eCallNet may, at is sole discretion, attempt to provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by eCallNet via e-mail. eCallNet is not obligated to provide you with such an extension nor is eCallNet obligated to refund any remaining balance left in your Account as of the date it expires.

14. Customer Service.
If you have questions, concerns or complaints about your Service, you may contact eCallNet’s Customer Service Department 24 hours a day, 7 days a week by e-mail at support@eCallNet.com.

15. Limitation of Liability.
eCallNet SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. eCallNet WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF eCallNet HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
eCallNet IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. eCallNet IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER.

16. Governing Law.
This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of California.

17. Term.
The term of this Agreement shall be the later of (a) six (6) months from the date you open your Account and are assigned a PIN, (b) six (6) months from the date of the last recharge of your Account or (c) the last day of any extension of your Account/PIN expiration by eCallNet.

18. Privacy Policy.
To learn about how eCallNet protects your personal information, refer to eCallNet’s Privacy Policy on the Website.

19. Use.
You agree to use eCallNet’s service in a lawful manner which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. eCallNet reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event it determines that you have violated any such term, condition, law and/or regulation.