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Service Announcements

Last updated: 07/21/2006

1.1 (A) Description of Service. The service is NOT a traditional regulated telephone service and is not of the same quality or reliability as regulated circuit based telephone service, nor does Quick make any representations comparing the Service to regulated telephone service. The service is a enhanced software driven protocol that gives the customer the ability to send and receive voice messages by means of your voice being translated into packets of digital information that are sent over the Internet to Quick's facilities, which reads the packets and routes them to the called telephone number. Likewise, when a person dials your number, the call is routed to Quick's facilities and sent to your “Device” (hardware sold separately), which causes your phone (if attached to any standard telephone handset) to ring, or your computer (if equipped to play sound) to notify you of the incoming call. The service will NOT work without the customer having working Internet access with a high speed connection. The service will NOT work over a dial up connection. The higher speed the connection the better the service will generally work. The connection can be via standard telephone lines such as DSL or T-1, or cable modem, regardless of the provider of either type of service. Quick provides very reasonable priced T-1 service in Michigan, but does NOT provide DSL or cable modem service. Since the message packets travel over the Internet, the security of your voice communications are no more safe than any other transmission you send or receive using your Internet connection.

(B)The FCC has declared that it has jurisdiction over VoIP telephone calls that are made back and forth between the Internet and the Public Switched Telephone Network (PSTN). It has been subjecting VoIP to many of the same requirements as traditional telephone service, such as currently 911 and enhanced 911 and contributions to the Universal Service Fund (USF) and requirements to cooperate with lawful intercept requests of law enforcement. USF fee is a percentage (changes periodically) of broadband internet access charges and interstate and international voice telephone like calls. USF fees are paid into a fund that reimburses libraries, schools, and rural for internet and telephone access. The FCC prohibits calling this fee a tax (the FCC has no taxing authority) and allows Quick to charge its customers for same, but is not obligated to do so. Quick is obligate to comply with FCC rules and regulations and will do so as same change and reserves the right to so comply without prior notice to the customer. Quick expects that some day, it will also be required to comply with rules and regulations of state public utility or service commissions and reserves the right to so comply without prior notice to the customer. As of July, 2006, VoIP is exempt from federal excise tax on local services and state sales and use taxes, however, quick will apply same without prior notice from the date any such taxing authority so requires. Such taxes are generally imposed directly upon the taxpayer, with Quick being appointed the taxing authorities billing and remitting agent, which means in plain language that the tax is due from the customer to the taxing authority in all cases anyway. As of July, 2006 Quick will charge a 911 or hanced 911 reimbursement charge (different for every county or authority) , a USF charge on broadband Internet access services and interstate and international voice and date calls (usually fax) and customer agrees to pay for same.

5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless Quick, its officers, directors, employees, affiliates, contractors, sub-contractors, independent contractors 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 actual 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 911dialing (not available) or any dialing to summon emergency services, or the Device. This paragraph shall survive termination of this Agreement. The customer agrees to reimburse Quick's costs of defense as same are incured on a month by month basis and within 10 days following Quick mailing an invoice for same. The duty in this paragraph are independent of the success of the complaintant on the merits of any such complaint against Quick. The customer agrees that should it fail to make such timely payments, that Quick may apply to the Oakland County Circuit court for an order or preliminary injunction compelling the custoemr to make full compliance with any or all of the provisions of this section, and hereby consents to its issuance. The cusotmer also agrees that this section 5.3 shall not be subject to the arbitration provision set forth in section 6.1 or below.

6.1 Mandatory Binding, Non-Appealable Arbitration
This section 6.1 shall not apply to section 5.3 above. However, any other dispute or claim made by Customer, or any one who claims rights through the customer against Quick arising out of or relating to the Service or a 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 petition or request for arbitration shall be filed only in Oakland County, Michigan. The arbitrator's decision shall follow the plain meaning of the relevant documents (including these terms and conditions), and shall be final and binding. Without limiting the foregoing, the parties agree that said arbitrator shall NOT have any authority to: (i) award relief in excess of what these terms and conditions provide; or (ii) award punitive or exemplary damages. The Arbitration award shall be non appealable except for violations of this section 6.1. 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 shall 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. The arbitrator shall agree that he/she shall NOT charge for more than 4 hours of his time for reading the relevant service agreement, these terms and conditions, the parties complaints and answers thereto, and familiizing him/herself with the industry. The arbitrator shall agree to enforce the following limitations on discovery that the parties hereby agree. No more than three (3) depositions shall be taken by any party nor shall any such deposition last more than four (4) hours nor shall any single deposition be suspended midway through, it being the parties intent that any deposition started shall be held and completed on a single day. No parth shall serve the other party with more than 10 single issue requests for admission nor more than 20 single issue interrogatories, it being the parties express intention that multi part requests and interrogatories be banned. Each party shall ask for no more than the production of 10 documents and no document that has been sent from one party to the other shall be required to procuce, such as the service agreement, san invoice, an email or letter or any other matter where common sense would dictate that both sides have had the opportunity to read and keep the document. However, any party that intents to produce a document for the arbitrator to read or to cross examin an opposing withess shall voluntarily produce and furnish a copy of same with an index as to all such documents so produced and filed with the arbitrator, to the other party within 30 days following the filing of an answer to any complaint or counter claim or similar pleading, and upon failure to do so, the document shall be barred from use by the offending party. In the event that the arbitrator shall not agree to all of the provisions of this section 6.1, either party may file a complaint in the Oakland County Circuit Court seeking the appointmene by the court of an arbitrator who will so abide. In such action, the Court shall take into account the nature of the respective parties claims and appoint an arbitrtrator who has some experience or expert knowledge sufficient to adjudicate the claims. Forinstance, if there is an acconting dispute the arbitrator should be a CPA enough years in practice to make a competent analysis of such claims, or if the issues raise claims of quality of service, that the arbitrator have experience in working for or on behalf of VoIP service providers or related telecommunication services. The parties agree to split the arbitrator's fees 50/50, unless the customer's claims fall within its indemnity obligations of section 5.3 above, and in which case, all such fees shall be paid by the customer.

This section 6.1 shall survive termination of this Agreement.