I. THE AGREEMENT

These Terms and Conditions constitute the agreement (the "Agreement") between Maestrousa Communications, Inc. ("1pinless", us or we) and the user ("you," "your, "user" or "Customer") of 1pinless's residential and IP Phone Service and other Voice over Internet Protocol ("VoIP") related products or services ("Service"). For purposes of the Agreement, "you" means the customer, defined as either (i) the person identified in 1pinless's account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service(s) provided such authority is adequately documented as determined in 1pinless's discretion.

BY ENROLLING IN, USING, OR PAYING FOR THE 1pinless SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING 1pinless AT THE NUMBER LISTED ON THE WEBSITE OR ON THE FIRST PAGE OF YOUR INVOICE FOR FURTHER DIRECTIONS.

The Agreement governs the Service and any devices, such as the 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 understand, 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.

1pinless may change the Terms and Conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted at www.1pinless.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions.

The rates and charges for the Service are available at www.1pinless.com and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your Services, please visit our website at www.1pinless.com (see Rates and Terms & Conditions link), send an email to support@maestrocomms.com, or call 1pinless's Customer Care Department at number listed on the website or on the first page of your invoice.

II. 1PINLESS EMERGENCY CALLING SERVICE & E911 SERVICE

We currently donot provide any 911 service. Pursuant to the recent orders by the Federal Communications Commission ("FCC"), 1pinless is in the process of enabling E911 dialing services for all of its 1pinless customers in areas in which the Public Safety Answering Point (or "PSAP") is equipped to handle E911 calls.

III. SERVICE

A. Term
Service is offered on a monthly basis for a term that begins on the first day of 1pinless's next billing cycle (which begin on the 1^st,10^th and 25^th days of the month) after 1pinless activates your account (the "Activation Date") and ends on the last day of your billing cycle (which ends on either the last, 10^th or 25^th day of the month). The Activation Date will begin three days after you sign-up for the Service. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give 1pinless notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. All notices must be given by calling 1pinless's Customer Care Department at number listed on the website or on the first page of your invoice. You are purchasing the Service for full monthly terms, meaning that if you terminate Service before 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 any applicable disconnect fee (as described below), 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.

B. Disconnect Fee
If Customer cancels the Service for any reason or for convenience within twelve (12) months of the Activation Date, Customer will be charged a disconnect fee of $39.95 per account (the "Disconnect Fee"). The Disconnect Fee becomes due and payable immediately and will be billed directly to Customer's credit card. If Customer has multiple accounts, Customer will be charged the Disconnect Fee of $39.95 per account for each account cancelled. A Disconnect Fee shall not be charged to customers who purchase 1pinless approved Equipment from a retailer. Cancellations will only be accepted via phone through 1pinless's Customer Care Department at number listed on the first page of your invoice, and will be effective upon the date that you call. 1pinless is not able to schedule cancellations for a future date.

C. Money Back Guarantee
1pinless offers a 30-day money-back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the Money Back Guarantee, 1pinless refunds the activation fee, first month of Service and waives the Disconnect Fee. 1pinless reserves the right to terminate or revoke the Money Back Guarantee at any time, without prior notice.

To qualify for the Money Back Guarantee, Customer must cancel Service through 1pinless's Customer Care Department at number listed on the website or on the first page of your invoice within thirty (30) days of the Activation Date. Cancellations will be effective on the date that you contact 1pinless; 1pinless is not able to schedule cancellation for a future date. Equipment must be returned to 1pinless and postmarked within fourteen (14) days thereafter. Usage must not exceed 500 minutes within the first thirty (30) days of Service. Customer is responsible for any charges for overage, international traffic outside of the plan or directory assistance. Cancellation may take up to two (2) business days. Any usage after contacting 1pinless is Customer's responsibility. Accounts exceeding 500 minutes of usage are not eligible for refund. Customer may not port away a new phone number (or "DID") if Customer cancels within thirty (30) days.

All returned Equipment must be in the original packaging with the UPC or bar code intact, and postmarked within fourteen (14) days of cancellation. All components, manuals and registration card(s) must be included and equipment must be in good condition, as determined by 1pinless. Equipment must be returned with a valid return authorization number obtained from the 1pinless Customer Care Department. Customer is responsible for return shipping of Equipment. The Money Back Guarantee will not be honored if Customer fails to meet all requirements presented above.

Customers who purchase 1pinless approved Equipment from a retailer will not be charged an activation fee or Disconnect Fee. Customers who purchase 1pinless approved Equipment from a retailer should not return said Equipment to 1pinless when canceling Service and shall receive the Money Back Guarantee, upon meeting all other terms listed above.

E. Business Use of Service and Device
If you have subscribed to 1pinless's Business Plan, 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 1pinless Business Plan does not confer the right to use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting. You may not tamper with Device or use the Service for multi-line configurations. 1pinless reserves the right to immediately terminate, modify or upgrade the Service, if 1pinless determines, in its sole discretion, that Customer's Service has been, or is being, used for any of these activities or similar activities. If you have a residential plan and are using the Services for business purposes 1pinless reserves the right to cancel your Service and you are obligated to pay 1pinless's 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. 1pinless will enforce the restrictions presented in this paragraph to ensure that 1pinless can manage its network in an efficient manner, meet reasonable Service expectations, and furnish Service to existing and future customers based on forecasted customer requirements.

F. Notice of Rate Changes
1pinless may change the prices and charges for the Services from time to time and such changes will be effective immediately. Changes t rates, charges, or terms or conditions in the Agreement will be published at www.1pinless.com and will be incorporated by reference into this Agreement.

G. Rounding Policy
For billing purposes, the length of each metered call is rounded as described in each Calling Plan. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.

H. Calls to International Mobile Telephones; International Special Services Calls
1pinless's advertised rates for international calls are generally the rates charged for calls to landline telephones. Some calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the calling plan rate tables and are typically designated by a "MOB", "cellular", "mobile" or "M" notation.

I. Timing of Calls
Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom 1pinless must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party's line rings or after a certain number of rings, and will charge 1pinless for a completed call. In these situations, 1pinless will charge for the call as if it were answered by the called party.

J. Use of Service and Device by Customers Outside the United States
1pinless 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. 1pinless reserves the right to cancel or suspend the Service if it is determined that the Service is being used outside the United States.

K. Loss of Service Due to Power Failure
The Service does not function without power. 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 you to reset or reconfigure Equipment before using the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including the Emergency Calling Service calling feature.

L. 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 on 1pinless'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 1pinless are and shall remain the exclusive property of 1pinless and nothing in this Agreement shall grant you the right to license or 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 1pinless, which 1pinless reserves the right to prohibit in particular cases or generally, you promise 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 1pinless against any and all liability arising out of your use of such interface device with the Service.

M. 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 1pinless. 1pinless 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 any applicable Disconnect Fee, all of which immediately become due and payable.

N. Theft of Service
You agree to notify 1pinless immediately, in writing, by electronic mail or by calling the 1pinless customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or used fraudulently. 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. 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. Notwithstanding anything herein to the contrary, credits will not be issued for charges resulting from fraud that arises out of third parties hacking into the Equipment, other equipment used by you or the internet. This includes, but is not limited to, modem hijacking, wireless hijacking or other fraud.

O. Number Transfer on Service Termination
If you desire to cancel your Service and port your number to another carrier, it is your responsibility to ensure that the number has successfully ported prior to canceling your account with 1pinless. CANCELLATION OF YOUR 1pinless ACCOUNT PRIOR TO CONFIRMATION FROM YOUR NEW PROVIDER THAT THE TELEPHONE NUMBER HAS SUCCESSFULLY PORTED SHALL RESULT IN AN INABILITY FOR 1pinless TO PORT OUT YOUR NUMBER AND THE POTENTIAL LOSS OF YOUR NUMBER. FAILURE TO CANCEL YOUR ACCOUNT WITH 1pinless AFTER SUCCESSFUL PORTING TO ANOTHER PROVIDER, SHALL RESULT IN CONTINUED MONTHLY CHARGES BY 1pinless FOR WHICH YOU WILL REMAIN RESPONSIBLE.

Upon contact from your new provider that you desire to port your telephone number, 1pinless will use reasonable efforts to release the telephone number that was ported to 1pinless by you and used in connection with your Service provisioned by 1pinless to your new service provider, if such new service provider is able to accept such number, and provided that your 1pinless account is completely current including payment for all charges and applicable Disconnect Fees. Customer will not be able to port away the telephone number if Customer cancels within thirty (30) days of the Activation Date.

Customers are solely responsible for terminating or canceling accounts. 1pinless will not automatically terminate or cancel an account upon the mere transfer (or porting) of a telephone number to a new service provider. Applicable charges will continue to accrue on all open accounts, and you will remain responsible for these charges until the account is properly cancelled.

P. Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by 1pinless. The Service currently is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

Q. Collect Call and Operator Services
1pinless does not offer collect call or operator services via this Service.

R. International DIDs or phone numbers
Customers that have international (non-United States) direct inward dial phone numbers ("DIDs") are provided with these numbers based on current United States and overseas regulations. These regulations are subject to change without notice and 1pinless may be required to discontinue this Service, without notice. 1pinless reserves the right to discontinue International DID services for any reason at any time and is only obligated to refund the pro-rated monthly fee.

S. International Services

1.       Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability use the 1pinless Services. You must conform to any limitations or restrictions imposed by the foreign carriers or agencies.

2.       Carrier Acts or Omissions.

a.       When other U.S. or foreign carriers and foreign telecommunications administrations use facilities to establish connections to points not reached by 1pinless's network, 1pinless is not liable for acts or omissions of other carriers or foreign telecommunications administrations.

b.       International calls are priced on the basis of the country and city codes dialed by you. When the facilities of other U.S. or foreign carriers are used in establishing connections to points not reached by 1pinless's network, 1pinless is not liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.

T. Surcharges
In addition to surcharges that may be found in the applicable Calling Plan, 1pinless may adjust its rates and charges or impose additional rates and charges to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from others or pay to others in support of statutory or regulatory funds or programs ("Governmental Charges").

U. Taxes

1.       All taxes, tax-like charges, and tax-related surcharges are referred to collectively as "Tax(es)." 1pinless may elect to impose and collect such Taxes, unless otherwise constrained by court order or direction.

2.       You agree to pay all Taxes imposed. If 1pinless has collected Taxes and a challenged Tax is found to have been invalid and unenforceable, 1pinless, in its sole discretion, will either reduce Service rates for a fixed period of time in the future in order to flow-through to customers an amount equivalent to the amounts collected, or it will credit or refund such amounts to affected customers (less its reasonable administrative costs), if the amounts collected were retained by 1pinless or if they were delivered to the jurisdiction and returned to 1pinless, or it will negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that jurisdiction.

3.       If you provide 1pinless with a duly authorized tax exemption certificate, 1pinless will exempt you in accordance with law, effective on the date 1pinless receives the certificate.

IV. RESTRICTIONS ON THE USE OF SERVICE
A. 1pinless offers its Services subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement.

B. Services provided by 1pinless under the Agreement will not be used: (1) for any unlawful purpose; (2) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audiotext services; (3) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; (4) for business usage under a residential Service plan or (5) call forwarding to international destinations.

C. 1pinless may (1) deny, for any lawful reason, your request for Service, or (2) limit or allocate the facilities available to or used by any Service, if necessary, to manage its network in an efficient manner, meet reasonable Service expectations, furnish Service to existing and future customers based on forecasted customer requirements, or for any other lawful reason.

D. 1pinless may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges ("NXX exchanges"), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever 1pinless deems it necessary to take such action to prevent (1) the unlawful use of Service; (2) nonpayment for Service; (3) the use of Service in violation of this Agreement; or (4) network blockage or the degradation of Service furnished to you or other customers.

V. PAYMENT OBLIGATIONS

A. You must provide 1pinless with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise 1pinless immediately by calling us at 866.546.4699, or visiting our website and entering your new credit card information. 1pinless will charge your credit card on a monthly basis, in advance, for activation fees and monthly Service fees, advanced feature charges, Equipment purchases and shipping, handling charges and other charges described in this Agreement or the website. Any charges not included in your rate plan and any additional usage charges are billed after each billing period. If 1pinless changes its rates, recurring monthly charges affected by such change will be assessed at the new rate for the full billing period during which the new recurring charge rate became effective.

B. 1pinless may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with 1pinless is declined or reversed, your credit card expires and you have not provided 1pinless with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to 1pinless for all charges accrued before termination and for all costs incurred by 1pinless in collecting such amounts, such as (but not limited to) collection costs and attorney's fees. If a charge to your credit card is denied, 1pinless may charge you a nominal fee for each failed attempt to process the credit card transaction that is attributable to you having exceeded your credit limit or not having updated your credit card information in a timely manner.

C. You are responsible for payment of all charges for Services furnished to you and anyone authorized by you to use your Service. This responsibility is not changed by virtue of any use, misuse, or abuse of your Service undertaken or caused by third parties.

D. You must promptly notify 1pinless of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment. You should notify the 1pinless Customer Care Department by e-mailing 1pinless at the following address: CustomerCare@1pinless.com.

E. 1pinless will charge Customer for Services on a monthly basis in advance and all payments are due immediately (the "Due Date"). 1pinless reserves the right to charge a late fee of 1.5% per month if the charges are not paid in a timely manner. If the law of the state where you have registered your location requires a lower rate, we will apply that rate.

F. If the amount you owe 1pinless for out of plan usage exceeds $40, 1pinless may charge your credit or debit card more frequently than once per month.

G. If 1pinless hires a collection agency to collect, or attempt to collect, any charges owed 1pinless, you will be liable to 1pinless for an additional payment equal to 35% of the charges owed, where permitted by applicable law. If 1pinless incurs any fees or expenses, including attorneys' fees, in collecting, or attempting to collect, any charges owed 1pinless other than by hiring a collection agency, you will be liable to 1pinless for the payment of all such fees and expenses reasonably incurred.

H. If billing systems or other support is not available for a Service, feature, surcharge, tax or other charge element at the time of Service provision, 1pinless will bill for that Service, feature, surcharge, or other charge element as soon as it is capable of doing so and you agree to pay for such items.

I. No Credit Allowances for Interruption of Service. You acknowledge and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided.

J. If you dispute any charges, you must notify us in writing at billing@1pinless.com or at the address below within 10 days of receiving your credit or debit card statement. If you do not notify us in writing in a timely manner, you agree to waive any right to contest such charges.

Maestrousa Communications Inc.
1604 MetroPolitan Ave, Suite No:3A,
Bronx, NY 10462
Attention: Customer Care Department

VI. CANCELLATION OR SUSPENSION OF SERVICE

A. By the Customer

1.       If you cancel your Service after the thirty (30) day Money-Back Guarantee period, described in section III(C) above, you will be charged a Disconnect Fee, pursuant to Section III(B) above.

2.       If you cancel your Service with 1pinless, you will not be able to use the Device or Equipment.

3.       Cancellation may take up to two business days.

4.       Your credit card will be charged for any usage after contacting 1pinless to cancel your Service.

5.       All cancellations must be made through 1pinless's Customer Care Department at number listed on teh website or on the first page of your invoice.

6.       All cancellations will be effective on the date that you speak to 1pinless's Customer Care Department. 1pinless does not have the ability to schedule a cancellation for a future date.

B. By 1pinless

1.       1pinless reserves the right to discontinue furnishing Services, cancel your account, and/or block your access to 1pinless network, without incurring any liability, immediately and without notice if 1pinless deems that such action is necessary to prevent or to protect against fraud or to otherwise protect 1pinless's personnel, agents, facilities, or Services. Without limitation, 1pinless may take such actions if:

a.       You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service;

b.       You indicate that you will not comply with a request for security for the payment for the Services;

c.        Your Service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud;

d.       1pinless notifies you in writing (to the email that you provided 1pinless) of any past due amount (which remains unpaid, in whole or in part) for any of 1pinless's or an affiliated carrier's service to which you either subscribe or had subscribed or used and you do not respond to the email in a satisfactory manner within 7 days;

e.       You either refuse to pay when billed for Service or indicate to 1pinless, its affiliate, Primus Telecommunications, Inc., or an entity billing on 1pinless's behalf that you do not intend to pay for Service used by you;

f.        You use, or attempt to use, Service with the intent to avoid the payment, either in whole or in part, of the charges for the Service by (i) using or attempting to use Service by rearranging, tampering with, or making connections to the Service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;

g.       You act, or fail to act, in a manner that hinders or frustrates any investigation by 1pinless or others having legal authority to investigate your legal obligations;

h.       Your telephone equipment fails to pass back to 1pinless the appropriate signal to start and stop billing for a call;

i.         You were previously provided with notice of breach of these terms and conditions or other contract with 1pinless, took corrective action, but thereafter engaged in the same breach activity; or

j.         You act in a manner that is threatening, obscene, harassing, or abusive to 1pinless personnel.

k.       You act in violation of sections III(E) or III(F) above.

2.       1pinless reserves the right to discontinue furnishing Services, cancel your account, and/or block your access to 1pinless network, without incurring any liability, immediately upon written notice to you if:
a. Any invoice charges remain outstanding and owed by you after the thirtieth (30th) day from the date of the invoice notifying you of the charges; or
b. You fail to comply with a request by 1pinless for security for the payment for Services.

3.       The discontinuance of Service(s) by 1pinless pursuant to these provisions does not relieve you of any obligation to pay 1pinless for charges due and owing for Service(s) furnished up to the time of discontinuance. 1pinless may charge you a Disconnect Fee if your Service is canceled pursuant to either section VI(B) above.

4.       1pinless may suspend or discontinue the Service generally or disconnect your Service, at any time in its sole and absolute discretion. If 1pinless discontinues the Service generally, or disconnects 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 because you breached the terms presented in 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 termination fee, if applicable, all of which will immediately become due and payable.

VII. LIABILITY

A. 1pinless will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of 1pinless's facilities or commencement of Service.

B. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a Service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any Service or facilities offered by 1pinless, 1pinless's liability, if any, will be limited as follows:

1.       With respect to the attempts to route calls to public safety answering points or municipal emergency service providers, as described in Section II, 1pinless's liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by you as the direct result of 1pinless's action, or failure to act, in routing the call, or (b) the sum of $1,000.00.

2.       With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by 1pinless, for example, Directory Assistance, 1pinless's liability will be limited to the lesser of: (a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (b) $100.00.

3.       1pinless shall not be liable for any delays or incompletion or costs or charges pursuant to a delay or incompletion in local number portability (LNP).

C. IN NO EVENT WILL 1pinless BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT 1pinless HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

D. 1pinless will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of Service furnished by 1pinless, including:

1.       Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via 1pinless Service; and

2.       All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Service, in connection with any Service provided by 1pinless.

E. 1pinless MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT.
1pinless DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON 1pinless'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY 1pinless.

F. 1pinless will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in 1pinless offerings made to you, or for damages associated with the Service, or Equipment that it does not furnish, or for damages that result from the operation of customer provided systems, Equipment, facilities or services that are interconnected with 1pinless Services.

VIII. DISPUTE RESOLUTION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.

A. Binding Arbitration
The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. Sec. 1-16. Both you and 1pinless have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement or the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, Service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages. The parties agree that an award of such damages will be void if issued.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND 1pinless BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

B. Arbitration Information and Filing Procedures
Before you take a dispute to arbitration or to small claims court, you must first contact our Customer Care Department representative at the customer service number on your 1pinless invoice for the Services, or write to us at the following address and give us an opportunity to resolve the dispute:

1pinless, Inc.
7901 Jones Branch Drive
Suite 900
McLean, VA 22102
Attention: Customer Care Department

You must describe your dispute and provide 1pinless with any supporting documentation. Likewise, if 1pinless has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration.

If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or 1pinless is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted in Fairfax County, Virginia. Any arbitration shall remain confidential. Neither you nor 1pinless may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award. Judgment of the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.

C. Fees and Expenses of Arbitration
Each party must pay its own expenses associated with any arbitration, including its attorney's fees. If you file a request for arbitration, you will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator's fees and expenses will be allocated between the parties.

D. In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.

IX. MISCELLANEOUS PROVISIONS

A. Entire Agreement.
These Terms and Conditions constitute the entire Agreement between you and 1pinless, and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.

B. No Obligation to Assist in Switching to a Different Provider.
If you voluntarily cancel your 1pinless account or if 1pinless cancels your Service for any reason set forth above, 1pinless will have no obligation whatsoever to assist you in any respect in switching from 1pinless to another service provider.

C. Assignment.
Customers may not modify or assign this Agreement. In its sole discretion, 1pinless may assign this Agreement.

D. No Waiver of Rights.
If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.

E. Binding Effect.
This Agreement is binding upon you and 1pinless and upon, respectively, your and 1pinless's agents and heirs.

F. Severability.
If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.

G. Governing Law.
This Agreement is governed by and construed under the laws of the Commonwealth of Virginia and applicable federal law, without regard to its choice of law principles, except that the arbitration provisions in Section VIII shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

H. Survival.
Any liability or obligation of a party to the other party under the provisions of Sections I, II, IV, V and VII as applicable, will, in each case, survive cancellation or termination of this Agreement.

I. Headings of No Force or Effect.
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.

© 2006 1pinless.com
Updated May 12, 2006