ReVoS

ReVoS Mobile
TERMS AND CONDITIONS OF SERVICE

1. AGREEMENT

THIS AGREEMENT ("Agreement") is between RNK Inc. d/b/a RNK Telecom ("we," "us," “RNK”) and the user ("you," "user" or "Customer") of RNK’s ReVoS Mobile ("Service"). By activating and using the Service, you acknowledge that you have read and understood these Terms and Conditions of Service and represent that you are of legal age to enter this Agreement and become bound by its terms. In addition, you understand and agree that you are also bound by the terms of RNK's applicable state and/or federal tariffs, rate schedules, and public disclosures, which are incorporated into this Agreement by reference.

2. SERVICE

2.1 ReVoS Mobile^TM:

2.1.1 ReVoS Mobile is an overlay to your existing cellular service and it allows you to make virtually unlimited domestic and international calls to the destinations in Section 2.2.2 for $24.95 per month by using your cellular phone service to dial a convenient access number to reach a ReVoS Mobile call center. Calls to international locations not offered on an unlimited basis will be charged a low per minute rate, please see http://www.revos.com for pricing. You acknowledge and understand that Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications. 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.

2.1.2 Consumer Service Only: ReVoS Mobile service is provided to You as a consumer user, for your personal, non-business and non-professional use. This means that you are not using the Service for any commercial or governmental activities, profit-making or non-profit.

2.1.3 Activation of Service: You understand and agree that prior to using the Service, you must complete a registration and Service activation process through an authorized ReVoS Mobile dealer or directly through a web-based registration process found at http://www.revos.com, including payment of the one-time nonrefundable start-up fee. After activating the desired phone with ReVoS Mobile, you will be provided with an access number that you must call in order to reach a ReVoS Mobile call center. Upon reaching the ReVoS Mobile call center, you will be asked to enter the desired number you wish to call. Only activated phones will be able to access ReVoS Mobile. If for some reason the call center cannot recognize you phone number, you may be prompted to provide your number. In addition, you will only be able to change your activated phone once every month. Any requirements for additional changes will need to go through RNK Telecom Customer Service.

2.2 Features:

2.2.1 Hot Numbers:

A Hot Number is an optional feature which allows you to have a virtual number in the US, Canada or in one of 35 international locations (see www.revos.com for specific locations). Hot Numbers do not support out-bound calling. Hot Numbers are an inbound-only service route to any location of choice - either local or long distance– on a month-to-month basis for $3.95 per number, a charge which is activated in addition to any other charges applicable to your account. You will be limited to 1 domestic U.S. / Canadian Hot Number and 1 international Hot Number per account.  Upon your termination of the Service, any Hot Number telephone number(s) activated for use with your Service will remain with RNK and will not be transferred to another provider. No additional equipment is required for the Service to function. Hot Number service is subject to availability and may not be available in all areas, please visit www.revos.com for details.

2.2.2 Unlimited Service:

2.2.2.1 Unlimited service is provided to consumer customers only, any usage in excess of 4,000 aggregate minutes per month, taking into account all types of calling in your plan that is provided on an unlimited basis, shall be presumed to be not consistent with this restriction. If you fail to comply with these limitations, RNK reserves the right to immediately terminate or modify the Service, or to change your calling plan to a different offer on a prospective basis, and in addition, to assess additional charges for each month in which excessive usage occurred, if RNK determines, in its sole discretion, that Customer's Service is being used in a manner inconsistent with normal consumer usage patterns (e.g. excessive usage reflected in monthly minutes of use or calls placed to an unusually high number of varying telephone numbers).

2.2.2.2 ReVoS Mobile unlimited service includes all destinations listed here. Unlimited service destinations are subject to change without notice.

2.2.2.3 Cellular destinations to unlimited service countries are not available on an unlimited basis with the exception of those from Singapore, China and Hong Kong. Cellular destination availability is subject to change without notice.

2.2.3 Free Unlimited 4-1-1 Nationwide Directory Assistance Free 4-1-1 Directory Assistance (accessed by dialing 411) contains advertising and is offered at no charge per call. RNK reserves the right, in accordance with this agreement, to modify the terms and charges for and/or discontinue these services at any time.

2.3 Service Restrictions:
2.3.1 Availability: All features of this Service (including, but it no way limited to Free 4-1-1 Directory Assistance), are subject to availability, and class of service,. Features may be discontinued and/or currently free features may be reclassified as Optional (chargeable) Features at any time.
2.3.2 Dialing Restrictions: You cannot use the Service to place calls to 700-, 900-, or 976- numbers. You cannot place certain operator-assisted, third party billed, or collect calls with the Service.
2.3.3 Other Providers Required: You acknowledge and understand that the Service is dependant on access to your cellular service provider’s services. Should there be an interruption in any part of these services or at any point in your transmission path, the Service will not function until the provider restores service.
2.3.4 Fees from Other Providers: You will be solely responsible for all cellular phone costs associated with accessing ReVoS Mobile, including but not limited to, air time, subscription fees, plan minutes and local, toll or long distance charges.

3.1 Term:

3.1.1 Service is offered on a calendar-month basis, for an initial term that begins on the date that RNK activates your Service and ends on the last day of the month of your activation. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give RNK 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.

3.1.2 RNK may deny or limit use of the Service for any lawful reason. Due to the portable nature of the Service, RNK reserves the right to block without notice any Service that RNK believes you might have used for fraudulent purposes. RNK may also intercept Service calls for fraud avoidance. RNK will provide subsequent voice notification of such blocking or termination. RNK will unblock as soon as it determines it can do so without undue risk.

3.2 Lawful Use of Service

3.2.1 Prohibited Uses: You agree to use the Service only for lawful purposes. This means that you agree not to use the Service for transmitting or receiving any communication or material of any kind when in RNK'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. RNK reserves the right to terminate your service immediately and without advance notice if RNK, 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 by any person making use of the Service or Device provided to you by RNK and agree to indemnify and hold harmless RNK against any and all liability for any such use that fails to comply with this Section. If RNK, in its sole discretion believes that you have violated the above restrictions, RNK may forward the objectionable material, as well as your communications with RNK and your personally identifiable information to the appropriate authorities for investigation and prosecution.

3.2.2 Use of Service by Customers Outside the United States: If you use the Service in a country other than the United States, 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 by any person making use of the Service provided to you by RNK. Transport or sale of the Service outside of the United States may result in a violation of U.S. or foreign technology import/export laws or rules; for which compliance with is your sole responsibility, and you agree to indemnify and hold RNK harmless from any and all liability associated with claims arising therewith.

3.2.3 Copyright / Trademark / Unauthorized Usage, Firmware or Software: The Service and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, and all Services, information, documents and materials provided or offered by RNK and RNK’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 RNK are and shall remain the exclusive property of RNK and nothing in this Agreement shall grant you the 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, 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.

3.2.4 Theft or Loss of Service: You agree to notify RNK immediately, by calling the RNK customer service line, if the 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 phone or Access Code stolen from you and any and all stolen Service or fraudulent use of the Service until RNK is informed of the theft. Please protect your activation code. RNK is not responsible for lost or stolen activation codes.

4. BILLING AND PAYMENT

4.1 Billing and Charges: Upon activation and every month thereafter, Customer will be billed monthly in amounts based on the Service plan selected by the Customer. RNK will render to you monthly on-line bills for the Service including all applicable charges. All fees and charges will be billed in advance except for usage-based charges and any other charges which RNK decides to not advance bill, all of which will be billed monthly, in arrears. All Customers will be charged a one-time $24.95 activation fee when signing-up for Service, which will not be refunded when Customer terminates the Service. If the Customer purchases an activation package at a retail outlet, the fee will be paid at point of sale, otherwise the fee will be charged at sign-up. In addition to the activation fee, Customers will be charged fees for any optional additional features selected. Any additional calls which are not included in the monthly fee will be charged on a per minute usage basis. Calls billed on a per-minute basis will be timed in one-minute increments and billed by rounding to the next whole minute. You can view the rates for calls placed over the Service at http://www.revos.com Service plan charges and rates can be found at http://www.revos.com.

4.2 Payment: You agree to pay by credit or debit card and, in signing up for the Service, authorize RNK to charge your credit or debit card on or about the first day of each month for all applicable fees and charges, including but not limited to activation fees and monthly usage charges. You agree that this authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate your Service. You further agree that RNK may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise us at once. Charges reflected on your credit card or bank statement will be from “RNK Telecom.” We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50. Any usage charges will be billed in increments that are rounded up to the nearest full minute. Further, 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, telecommunications 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. Such amounts are in addition to payment for the Service or Devices and will be billed to your account. If payment is not made when due hereunder, simple interest shall accrue on the overdue balance at an interest rate of one and a half per cent (1.5%) per month or the maximum amount of interest which may legally be charged on an open account, whichever is less. Interest charges shall be prorated on a daily basis for partial months, and on thirty (30) day month basis. Further, in the event of non-payment, RNK may suspend or terminate service to Customer without any liability to RNK as permitted by applicable law.

4.3 Money Back Guarantee:

4.3.1 If you're not completely satisfied in the first thirty (30) days of Service, RNK will refund the money paid for the first thirty (30) days of service (excluding any activation fee paid). The money back guarantee applies only to the first-time accounts, not to additional or previous customers. RNK will refund the monthly charge for the first month of Service provided that: (i) you have not exceeded 500 minutes of usage; (ii) you cancel your Service within the applicable period; and (iii) you obtain a valid return authorization number from our customer care department, which can be reached at support@rnktel.com.

4.3.2 Federal excise taxes and any other applicable taxes cannot be refunded. You will be responsible for any charges for international usage. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.

4.3.3 Retail Store Customers may only return the activation package to the retail store, dealer or other provider from which the Retail Customer purchased the package. All returns will be subject to the return policy of such retail store, dealer or other provider. RNK will not accept any activation package returned to us from a Retail Customer.

5. WARRANTY AND LIABILITY LIMITATIONS / INDEMNIFICATION

5.1 Limitation of Liability: RNK 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 RNK’s control, including without limitation the failure of incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. RNK's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.

5.2 No Consequential Damages: In no event shall RNK, 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 RNK was informed of the likelihood of any particular type of damages.

5.3 Indemnification: Customer agrees to defend, indemnify, and hold harmless RNK, 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 Service (including 911 dialing). This paragraph shall survive termination of this Agreement.

5.4 No Warranties on Service: RNK 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. RNK does not warrant that the Service will be free of failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither RNK 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 RNK'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 RNK or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by RNK or RNK's agents or installers are informational and are not given as a warranty of any kind.

5.5 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.

5.6 Content: For the purpose of this paragraph, a "User" means any person, whether authorized or unauthorized, using the Service provided to you. You are liable for any and all liability that may arise out of the content transmitted by or to you or by or to any Users using the Services. You shall assure that your or any other 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. RNK reserves the right to terminate or suspend affected Services, and/or remove your or any other Users' content from the Services, if RNK determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with RNK’s ability to provide Services to you or others or receives notice from anyone that your or any other Users' use or Content may violate any laws or regulations. RNK’s actions or inaction under this Section shall not constitute review or approval of your or any other Users' use or Content. You will indemnify and hold RNK harmless against any and all liability arising from the content transmitted by or to you or to any other Users using the Services.

5.7 NO EMERGENCY SERVICES – 911/E911: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE, BUT AS An overlay LONG DISTANCE SERVICE to your existing Carrier’s cellular plan. YOU SHOULD ALWAYS HAVE A MEANS OF ACCESSING TRADITIONAL E911 SERVICES. You understand that in order to have access to 911/E911 services from your cellular phone, you will have to maintain your basic cellular phone service provided by another carrier other than RNK Telecom. You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wireline local phone service and is intended for domestically originated long distance service only

5. GOVERNING LAW / RESOLUTION OF DISPUTES

5.1 Mandatory Arbitration: Any dispute or claim between Customer and RNK 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.

5.2 Governing Law: The Agreement and the relationship between you and RNK shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and RNK agree to submit to the personal and exclusive jurisdiction of the courts located within Massachusetts. The failure of RNK 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.

6. PRIVACY

The RNK Service may utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications. RNK is not liable for any lack of privacy that may be experienced with regard to the Service.

8. FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on http://mymobile.revos.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Service at point of sale.

9. ENTIRE AGREEMENT.

This Agreement, any Terms of Services or other rules now or hereafter specified by RNK 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 RNK and Customer with respect to the subject matter hereof, and supersedes all previous written agreements between RNK and Customer with respect to the services provided hereunder. Acceptance of the Service shall constitute acceptance of the terms and conditions herein.

Version: 5/25/06.