(A) Term. The term of this Agreement for each Account begins on the date we activate Service for your Account. This Agreement will continue on a prepaid basis, until terminated by either party upon 30 days notice. Voice Mail Depot may verify orders to prevent fraud. Accounts will be terminated if we are not able to confirm an order by phone and do not receive any replies from the account holder. A credit card authorization form will be required to reactive such accounts.

(B) Use of Service and Account. You agree not to use the Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide Service to our customers, or damages our property. You agree not to use the Service for any illegal activities. Resale of your Account, the Service, or any part thereof, is prohibited without prior contractual arrangements with us and any required regulatory approvals. As set forth below, you have no ownership rights to the telephone number(s) assigned to your Account; we may change your telephone number by giving you notice, although we will take all reasonable steps not to do so. If your Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no right and Voice Mail Depot will have no obligation thereafter to forward any unread or unsent messages to Customer or any third party.

(C) Charges. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You are responsible for paying all charges to your account for Service, including but not limited to, long distance and directory assistance charges and for all taxes and surcharges imposed on you or us as a result of your use of the Service.

(D) Billing and Payment. Any applicable initiation charges and monthly recurring are billed in advance. Usage charges are billed in arrears. Payment of all charges is due by the Applies Til Date listed on the invoice. Billing cycle end dates may change from time to time. For credit card payments, no additional notice or consent will be required for billings to that credit card or account. You will advise us of any changes to your credit card account, such as account number or expiration date changes. Time is of the essence for payments. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement. We may assess an additional fee of twenty-five dollars ($25) for any check returned for nonpayment. Notice of any disputes must be in writing and received by us at our address by the Applies Til Date listed on the invoice, or you will waive any objection.

(E) Default/Termination. If you fail to pay any amount owed to us within 6 days after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, at our sole discretion and with or without prior notice, suspend or restrict Service and/or terminate this Agreement, in addition to all other remedies available to us. We may also terminate this Agreement with or without written notice. We may require reactivation charges to renew Service after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement, including any applicable cancellation fee. You agree to pay all costs including attorneys fees, collection costs and court costs we incur in enforcing this Agreement through any appeal. Should your credit card decline for any reason, we will attempt to contact you. If the attempt to contact you is unsuccessful and payment is not received before your Applies Til Date, your account will be suspended without notice.

(F) Account Changes. You may change Service features or Service plan by notifying us and paying our standard charges, and by complying with any other requirements we include to accomplish the change. Changes will take effect by your next billing cycle. Any person able to provide your name, address, and the Account number is authorized by you to receive information about your account, and to make changes to the account.

(G) Ownership of Local Number. You understand and agree that you are not the owner of any local telephone number assigned to you by Voice Mail Depot. Ownership of any such local phone number is vested solely in Voice Mail Depot (who will assign or re-assign such numbers to you for your use during the term of this Agreement). You understand and agree that (a) Voice Mail Depot may from time to time need to change the local number assigned to you (due to an area code split or for any other reason outside of Voice Mail Depot’s control) and (b) following the termination of your Voice Mail Depot account for any reason you will no longer have access to such local number. In either case, such local phone number may be re-assigned immediately to another customer and you agree that Voice Mail Depot will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contract, tort or other grounds, even if Voice Mail Depot has been advised of the possibility of damages.

(H) Modification; Assignment. We may change or modify this Agreement from time to time, but any such change (a) will be made in good faith, and (b) if significant (as determined by the sole discretion of Voice Mail Depot), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at www.VoiceMailDepot.com. If you do not agree to a significant change, you may terminate this Agreement by giving us written notice within 15 days of receipt of our notice of such significant change and you will not be charged an early cancellation fee. No hand-marked changes on this Agreement or any amendment will be valid unless we accept the changes in writing. Delivery by facsimile transmission (fax) of a copy of a modification of this Agreement shall be effective as delivery of an original. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Voice Mail Depot to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.

(I) NO WARRANTIES. THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by Voice Mail Depot, your sole remedy for such reliance is against the third person making such representation or warranty.

(J) LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE IF OUR NONPERFORMANCE OR A FAILURE OF THE SERVICE IS CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION, TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR SERVICE OUTAGES OR FOR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, MESSAGES OR CONTENT. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, EVEN IF VOICE MAIL DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, RELIANCE ON THE SERVICE, INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VOICE MAIL DEPOT, INC. AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM (A) YOUR USE OF THE SERVICE, (B) ANY OTHER PERSON'S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF VOICE MAIL DEPOT OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

(K) EMERGENCIES. IN THE EVENT OF AN EMERGENCY WHILE USING YOUR SERVICE, HANG UP AND DIAL "911."

(L) Force Majeure. Either party shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, terrorism, earthquake, fire, flooding, riots, war or government requirements.

(M) Privacy. Voice Mail Depot’s Privacy Policy is set forth on the Voice Mail Depot Web Site (www.VoiceMailDepot.com). In addition, you authorize our monitoring and recording of your calls to us concerning your account or the Service and you consent to our contacting you from time to time.

(N) Notices. Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in the U.S. Mail addressed to your address as kept in our files. You are responsible for notifying us of any changes to your address. Written notice to us shall be effective when directed to our Customer Service Department and received at our address. Your notice must specify your name and Account. Oral notices shall be deemed effective on the date reflected in our records.

(O) General Information. THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE VOICE MAIL DEPOT SERVICES, AND YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE VOICE MAIL DEPOT SERVICES RESIDES IN THE STATE AND FEDERAL COURTS OF THE STATE OF CALIFORNIA, U.S.A. AND YOU CONSENT TO PERSONAL JURISDICTION IN SUCH COURTS WITH RESPECT TO ALL SUCH CLAIMS OR DISPUTES. In the event that any action is filed to interpret or enforce this Agreement, the most prevailing party shall be entitled to recover its costs, including expert witness fees and reasonable attorneys' fees, at trial and through appeal. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. You hereby consent to Voice Mail Depot publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of Voice Mail Depot’s promotional and marketing activities from time to time. This Agreement constitutes the entire agreement between Voice Mail Depot and you with respect to your use of Voice Mail Depot services and your Voice Mail Depot account, and it supercedes all prior or contemporaneous communications and proposal, whether oral or written, between Voice Mail Depot and you with respect thereto. The failure of Voice Mail Depot to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

In accordance with the Digital Millennium Copyright Act, it is the policy of Voice Mail Depot to terminate, in appropriate circumstances, the Service of any user who is a repeat infringer. However, Voice Mail Depot reserves the right to terminate or suspend the Service of a user for only a single infringement, and may or may not, in Voice Mail Depot’s sole discretion, attempt to contact such user prior to such termination or suspension.

Although every effort is made to ensure that voicemail and fax transmissions are secure, Voice Mail Depot makes no guarantees of security.