Anya VoIP Long Distance Phone Service Provider

This Agreement ("Agreement") is between Anya Corp ("we," "us" or " AnyaCorp"), and the user ("you," “Your”, "user" or "Customer") of Anya Corp Residential or Small Business enhanced communications or telecommunications services and any related products or services ("Service"). Both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, 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 understood, 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. Also, by activating and/or using the Service, you agree that you are also bound by the terms of Anya Corp's applicable state and/or federal tariffs, rate schedules, and public disclosures, which are incorporated into this agreement by reference.

Anya Corp 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.anyavoip.com . The Agreement posted supercedes all previously agreed to electronic and written Terms and Conditions.

1. SERVICE

1.1 Service is offered on a monthly basis for a term which begins on the date that Anya Corp 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 without further action by you unless you give ANYA CORP notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. If you terminate 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 and any and all outstanding charges. Customer is responsible for, and shall pay, any applicable federal, state, municipal, local or 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 Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account.
Note: All calls will be rounded off to the nearest minute.

1.1.1 Anya Corp reserves the right to charge your credit card in the middle of the month , if the account balance goes above $100 for the service usage.

1.2.1 Residential Use of Service and Device If you have subscribed to ANYA CORP's Residential services, the Service and Device are provided to you and your household as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. If you fail to comply with these limitations, Anya Corp reserves the right to immediately terminate or modify the Service, if Anya Corp determines, in its sole discretion and in accordance with Applicable Law and/or the rules and regulations of appropriate state and federal regulatory bodies, that Customer's Service is being used for non-residential or commercial use.

1.2.2 Small Business Use of Service and Device - Prohibition on Resale. If you have subscribed to Anya Corp's Small Business services, 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 Anya Corp Small Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. ANYA CORP reserves the right to immediately terminate or modify the Service, if ANYA CORP determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities, in accordance with Applicable Law regarding such terminations.

1.2.3 Bundled Service: You acknowledge and agree that the Services are offered on a bundled basis (including local, toll, long distance and international service) and cannot be separated. I acknowledge that these services (local, toll, and long distance) are not available individually and that in order to maintain each of the services in the bundle, one must maintain the others on the same service line. Should you wish to change any of these service providers from Anya Corp, You will terminate your Service with ANYA CORP.

1.2.4 Equipment Non-Return Fee: You will be charged an equipment non-return fee per Device obtained from the Company upon termination of Service for any reason regardless of if such termination is by Company or you. The equipment non-return fee becomes due and payable immediately upon termination and will be billed directly to your credit card. If you have multiple Devices, you will be charged an equipment non-return fee of $69.95 per Device for each Device belonging to Anya Corp in your possession To receive a credit for the equipment non-return fee, you must return the Device(s) undamaged and in original condition within fourteen (14) days of termination. Anya Corp will not credit you if the Device(s) is damaged or not in its original condition as received by you. You are responsible for the cost and risk of return shipping of equipment. In the event you disconnect multiple lines, Anya Corp will issue you a credit for all equipment non-return fees upon receipt of all Devices (e.g., Multimedia Terminal Adapters, etc.) in accordance with this Section. Further, Anya Corp reserves the right to charge you for any power cables, network cables or other incidental equipment (“Equipment”) provided to you in addition to the Device should such Equipment not be returned.

1.2.5 Money Back Guarantee; Limitations and Conditions: We offer Days Money Back Guarantee from the date of activation of your Service. The Days Money Back Guarantee applies only to the first-ordered line per account, not to additional or secondary lines. Apart from the above conditions the following conditions also applies:
* you have not exceeded 250 minutes of usage;
* your service usage (inlcuding but not limited to incoming & outgoing calls) is not more than $25.
* you have Not used any minutes out side your plan.
* you cancel your Service within the applicable period;
* you return the Device to us in original condition, normal wear and tear excluded, within 14 days after the cancellation of your Service;
* The Device is returned in the original packaging and is accompanied by all components, accessories, parts, manuals, registration cards and other documentation; and
* Prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at support@anyavoip.com. Federal excise taxes and any other applicable taxes cannot be refunded. You will be responsible for any charges for international usage, payphone calls to AnyaVoip toll free numbers and directory assistance. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.

1.3 Lawful Use of Service and Device

1.3.1 Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Anya Corp's sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Anya Corp reserves the right to terminate your service immediately and without advance notice if Anya Corp, in its sole discretion, believes that you have violated the above restrictions, or any Applicable Tariff term, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately become due and payable, as may be permitted under Applicable Law. 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 and agree to indemnify and hold harmless Anya Corp against any and all liability for any such use that fails to comply with this Section 1.3.1. If Anya Corp, in its sole discretion believes that you have violated the above restrictions, Anya Corp may forward the objectionable material, as well as your communications with Anya Corp and your personally identifiable information to the appropriate authorities for investigation and prosecution.

1.3.2 Use of Service and Device by Customers Outside the United States: While we encourage use of the Service within the United States to other countries, ANYA CORP 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. Transport or sale of the Device outside of the United States may result in a violation of US or foreign technology import/export laws or rules; compliance with which is your sole responsibility.

1.4 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Anya Corp: You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Anya Corp) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Anya Corp terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature. Should Anya Corp suspend or terminate your Service, the Service will not function until such time as Anya Corp restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

1.5 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 provided or offered by Anya Corp and on Anya Corp'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 Anya Corp are and shall remain the exclusive property of Anya Corp and nothing in this Agreement shall grant you the right to right or license 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 Anya Corp, which Anya Corp reserves the right to prohibit in particular cases or generally, you warrant and represent 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 ANYA CORP against any and all liability arising out of your use of such interface device with the Service.

1.6 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 Anya Corp in each instance. Doing so shall constitute a violation of this Agreement.

1.7 Theft of Device/Service: You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device. You agree to notify Anya Corp immediately, by calling the Anya Corp customer service line, if the Device or Service is stolen or if you suspect or become aware at any time that your Service is being stolen or fraudulently used. You will be liable for all use of the Service using a Device or Access Code stolen from you and any and all stolen Service or fraudulent use of the Service until Anya Corp is informed of the theft.

1.8 Delivery or Warranty of Device; Ownership of the Device: If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Anya Corp's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. Please refer to the Anya Corp warranty materials included in the packaging of your Device(s). If Customer purchased the Device new from Anya Corp and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Anya Corp at the time of purchase, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect. You understand that any Device provided by Anya Corp for use with the Service is and remains the exclusive property of Anya Corp unless purchased in full by you. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto you, the Customer.

1.9 Number Transfer on Service Termination: Anya Corp may, solely at the Company's discretion, release the telephone number that was ported in to Anya Corp by you and used in connection with your Service provisioned by Anya Corp to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) you request the transfer upon terminating your account.

1.10 Service Distinctions: You acknowledge and understand that the Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this Service offering provided by Anya Corp. The Service may be subject to different regulatory treatment than traditional or wireline phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies.

2. EMERGENCY SERVICES- 911 DIALING

2.1 Differences in Availability and Operation of Emergency Dialing Service ("911" or "E911"): You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wireline telecommunications support for traditional 911 or E911 access to emergency services. The 911/E911 Services offered by the Company in conjunction with these services are available only on Anya Corp-provided or other approved Devices as described herein, and only in specific areas, as specified by the Company, but you acknowledge and understand that 911-type dialing is NOT automatic. When ordering the service, you must separately activate such 911-type dialing capabilities by specifically requesting them at the time of service activation or thereafter, subject to Anya Corp, governmental and/or industry technical approval, availability and restrictions, with specific confirmation from Anya Corp, as described herein. Such request must contain specific information as requested, and as may be modified by ANYA CORP in its sole discretion from time to time, and must be accompanied by your acceptance of the specific term, conditions and responsibilities attendant thereto, including but not limited to maintenance and communication to ANYA CORP in advance of any changes in information relating to the physical location for which the 911-type capabilities may be activated, and/or authorized login, passwords and authorized users on the account.

Anya Corp 911 dialing cannot be used in conjunction with any "Soft Phone" ("download") application. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your Anya Corp Service and Device(s). If you activate Anya Corp 911-type dialing service, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the important differences and limitations of Anya Corp 911 dialing service as compared with traditional 911 or E911 dialing, as set forth in this Agreement, including without limitation the conspicuous posting on the device of any caution or warning materials as may be appropriate, and you agree to make reasonable efforts and use reasonable judgment in informing them of the proper and specific operation and requirements of the Service, if available, and/or to restrict third parties' access to the Service for any purpose.

2.2 Description of 911-Type Dialing Capabilities - Activation Required: You acknowledge and understand that 911-type dialing is NOT automatic. You acknowledge and understand that you cannot dial 911 from this line unless and until you have received a confirming email regarding service activation generally and a primary number assignment associated with the geographic location you have provided and agree to maintain. Once you have received a confirming email that such limited 911 dialing has been successfully activated according to this Agreement and any amendments hereto that may be posted from time to time on the Anya Corp website, you may dial 911 as needed, provided that all other Service requirements, including but not limited to, power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart – that may cause a reassignment by your internet service provider of a different session-based internet address), and Service login are activated, operational and uninterrupted for the entire duration of the call. When you dial 911 from your designated physical location, your call is routed from the Anya Corp network to the Public Safety Answering Point (PSAP) or to local emergency service personnel designated for the address that you listed at the time of activation and confirmation. Anya Corp can only route 911-type calls within certain geographic areas, from Anya Corp-provided devices and IP phone primary number assignments designated by Anya Corp as geographically appropriate, as locations within such areas may be confirmed by Anya Corp upon service activation. You acknowledge and understand that any 911-type calls made from any physical or geographical location other than the physical location designated and associated with the account, regardless where a caller or third party desires or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING Anya Corp VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER THE PUBLIC SAFETY ANSWERING POINT (PSAP) OR WILL BE LOCAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE.

As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Note, in particular, that certain features of "E911" may not be available in your area or technically feasible via this Service. While certain call-back capabilities, if they are available, may function on this Service, any interruption – before, during or after any call -- in power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart – that may cause a reassignment by your internet service provider of a different session-based internet address), or Service login may cause these features to fail.

2.3 Service Outage:

2.3.1 Power Outage: You acknowledge and understand that 911 dialing, like the Service as a whole, does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the Service or 911 dialing.

2.3.2 Broadband Service Outage: You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service including 911 dialing. Even a brief interruption in your broadband internet connection may cause the Service and 911 calling to fail until Customer resets or reconfigures equipment, connections or logins.

2.3.3 Service Outage Due to Suspension of Your Account: You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.

2.3.4 Other Service Outages: You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

2.3.5 Limitation of Liability and Indemnification: You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document, and applicable Tariffs. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Anya Corp, 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, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.

2.4 Requires Activation: You acknowledge and understand that 911 dialing does not function unless you have successfully activated the 911dialing feature on your account, and until such later date that such activation has been confirmed to you through a confirming email, and until you have carefully reviewed the email and, if indicated, have responded to any informational errors or discrepancies in such email, and, if applicable, such errors, if any, are corrected and the corrections confirmed in writing by Anya Corp. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU CANNOT DIAL 911 FROM THIS LINE UNLESS AND UNTIL YOU HAVE RECEIVED A CONFIRMING EMAIL. You agree to carefully review the confirmation email for any errors in your account information, and understand and acknowledge that ANYA CORP relies exclusively on you to provide and review the correct information for providing your Service.

2.5 Failure to Designate the Correct Physical Address When Activating 911 Dialing: IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR Anya Corp EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.

2.6 Requires Re-Activation if You Change Your Number: You acknowledge and understand that 911 dialing does not function if you change your phone number unless and until you have successfully activated the 911 dialing feature following the instructions from the "Dial 911" link on your dashboard, and until such later date that such activation has been confirmed to you through a confirming email. 911 dialing must be re-activated. Although you may have activated 911 dialing with your former Anya Corp phone number, you must separately activate 911 dialing for any new number.

2.7 Change of Physical Location of Equipment: 911 DIALING WILL NOT FUNCTION CORRECTLY IF YOU MOVE YOUR Anya Corp EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER TO HAVE 911 CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS IN ACCORDANCE WITH THE INSTRUCTIONS ON THE Anya Corp VOIP SERVICE WEBSITE.

2.8 Requires Re-Activation if You Move: You acknowledge and understand that 911 dialing does not function properly or at all if you move or change the physical location of your equipment to a different street address. Failure to provide the current and correct physical address and location of your Anya Corp equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider

2.9 Possibility of Network Congestion and/or Reduced Speed for Routing 911: Due to the manner in which it is technically possible to provide the 911 dialing feature for Anya Corp VoIP Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the public safety answering point (PSAP) or will be local emergency service personnel designated for the address you listed at the time you registered for the service. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.

2.10 Automated Number Identification: At this time in the technical development of ANYA CORP 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. Anya Corp's system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

2.11 Automated Location Identification: At this time in the technical development of Anya Corp 911 Dialing, it may not be possible to transmit identification of your service address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you may need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location, and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

2.12 Alternative 911 Arrangements: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL E911 SERVICES.

2.13 No compatibility with other equipment: All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, are not compatible with the Service. By accepting this Agreement, you waive any claim against Anya Corp for interference with or disruption of such systems due to the Services

3. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

3.1 Limitation of Liability: Anya Corp shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1.) act or omission of an underlying carrier, service provider, vendor or other third party; 2.) equipment, network or facility failure; 3.) equipment, network or facility upgrade or modification; 4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5.) equipment, network or facility shortage; 6.) equipment or facility relocation; 7.) service, equipment, network or facility failure caused by the loss of power to Customer; or 8.) any other cause that is beyond Anya Corp's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. Anya Corp's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.

3.2 No Consequential Damages: In no event shall Anya Corp, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not Anya Corp was informed of the likelihood of any particular type of damages.

3.3 Indemnification: Customer agrees to defend, indemnify, and hold harmless Anya Corp, its officers, directors, employees, affiliates 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 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 911 dialing, or the Device. This paragraph shall survive termination of this Agreement.

3.4 No Warranties on Service: Anya Corp makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. Anya Corp does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither Anya Corp nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to Anya Corp's or Customer's 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 devices or any other method, regardless of whether such damage occurs as a result of Anya Corp's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by Anya Corp or Anya Corp's agents or installers are informational and are not given as a warranty of any kind.

3.5 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.

3.6 Content: You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Anya Corp reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if ANYA CORP determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Anya Corp's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Anya Corp's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold Anya Corp against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

4. GOVERNING LAW / RESOLUTION OF DISPUTES

4.1 Mandatory Arbitration: Any dispute or claim between Customer and Anya Corp arising out of or relating to the Service or 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 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 arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will 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.

4.2 Governing Law: The Agreement and the relationship between you and Anya Corp shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Anya Corp agree to submit to the personal and exclusive jurisdiction of the courts located within Massachusetts. The failure of Anya Corp to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

5. PRIVACY

Anya Corp Service may utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Anya Corp is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Privacy Policy at www.Anya CorpTel.com for additional information.

6. CHANGES; NOTICES

Except where expressly prohibited by law, the Customer agrees to accept notices to this agreement electronically, either by email or by web site posting. Notices to Customer of any changes to these "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the Anya Corp VoIP Services Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the Anya Corp Web Site and no further notice by Anya Corp is required.

7. ENTIRE AGREEMENT.

This Agreement, the accompanying work order, any Terms of Services or other rules now or hereafter specified by Anya Corp for the Service, public disclosures and/or any applicable tariff(s) on file with the applicable state utility commission or FCC shall constitute the entire agreement between Anya Corp and Customer with respect to the subject matter hereof, and supersedes all previous written agreements between Anya Corp and Customer with respect to the services provided hereunder. Acceptance of the Service shall constitute acceptance of the terms and conditions herein.

Version: 5/13/2005.