General Terms and Conditions

1. General
These General Terms and Conditions apply to the provisioning of Telephony Services, Voice over Internet Protocol (VoIP) (the "Service"), provided by Centercall, Inc. d/b/a BASIS AUDIONET, located at 716 N. Bethlehem Pike, Suite 300, Lower Gwynedd, PA 19002 (the "Provider") to authorized Demo Users ("User").

2. Free Trial; General
These terms and conditions and the Service presented on the Voipways.com website constitute a free trial of the Service extended by Provider to User for User's evaluation during a thirty (30) day trial period (the "Evaluation Period"). During the Evaluation Period, Provider will make the Service available to User at no charge. This is a free trial offer of the Service for User's evaluation purposes only and, during the Evaluation Period, Provider makes no representations, warranties or guaranties about the availability of the Service, disruptions of the Service, or fitness and suitability of the Service for the User. Following the Evaluation Period, User may purchase the Service upon entering into a separate service agreement with Provider.

3. Notification of Acceptance
Provider will notify User of acceptance of User's registration for Service by an automated e-mail notification. Service will be activated upon:
A. acceptance by User, of these "General Terms and Conditions" presented on the Voipways.com website at the time of registration, and
B. the delivery of the Provider's acceptance e-mail notification.

4. Agreement Guidelines
A. The Provider shall provide User, as a trial and on a demonstration basis, with a VoIP telephone connection accessible via the Internet.
B. Until and unless User enters into a subsequent agreement for paid services following the expiration of the Evaluation Period,
(i) the Service is provided to User only on a demonstration/evaluation basis,
(ii) Provider assumes no liability whatsoever for the functioning of the Service or any disruption in the Service, and
(iii) Provider makes no guaranty that the Services are suitable for User.
C. The connection will function through the current version of the Session Initiation Protocol (SIP as defined in RFC 3261). The Provider shall not provide, nor be responsible for, the internet, any internet connections, or of any hardware or software used by User in connection with the Service.
D. Each User will be assigned an individual telephone number (the "Call Number"), that will enable access via the User's internet connection or the Public Telephone Network System (PSTN). The Provider may incur interconnection fees, on a per call basis, when a particular call utilizes the PSTN (the "Outside Interconnection Fee"). The Outside Interconnection Fee will be absorbed by the Provider for calls made by User during the Evaluation Period. However, the Provider will not be responsible for any fees incurred by the User's other Service Provider(s) or carrier(s) and those costs shall be borne by User.
E. The User shall have no rights or ownership in or to the assigned Call Number. The Call Number shall remain the property of Provider who retains all rights in the Call Number. The number shall not be portable or transferable to any other service. In the case of technical necessity, determined in the Provider's reasonable judgment, the Provider may change the User's Call Number after notifying the User by e-mail.
F. Call Detail Records and a Voice Mail Box option, as well as other possible future Add-On features that may become available during the Evaluation Period, shall be offered to User, as and when those options become available. The User will be informed of any such Add-On feature(s), and any other additional terms and conditions associated with such features, via e-mail.

5. Call Blockage
The Provider reserves the right to block any and all premium call rate numbers and to block any target call number(s) for technical reasons.

6. Disclaimers; No Warranties.
During the Evaluation Period, the Service is provided to the User free of charge and for evaluation purposes only. As such, during the Evaluation Period, the Provider makes no guaranty (express or implied), representation or warranty regarding any aspect of the Service or its availability. Additionally:
A. User understands and acknowledges that 9ll, E911 or 411 calls cannot be made using the Service.
B. User acknowledges that the Service will be inoperative during any loss of User's electrical power. User agrees that Provider shall not be responsible for any disruption arising from a loss of internet service.
C. User acknowledges that Service will be inoperative during any loss of User's internet service. User agrees that Provider shall not be responsible for any disruption arising from a loss of internet services.

7. Term, Cancellation and Modification
A. The Service shall be provided for a period of 30 days. At the conclusion of this Evaluation Period the User's account and Call Number will be deactivated from the system for a period of 7 days, during which time the User may request an additional time period for further evaluation. Provider may deny such an additional time period at its reasonable discretion.
B. Provider's General Right to Cancel. The Provider may cancel the service at any time with a 72 hour e-mail notification.
C. Breach by User. Notwithstanding any other right to terminate, the Provider may cancel the service without notice following any breach of these Terms and Conditions by User.
D. Provider shall submit notice of intent to cancel via e-mail.

8. Breach of Agreement
Any breach of the terms and conditions of this Agreement, at Provider's option, may result in cancellation of this Agreement and termination of the Service provided to User. Any determination by Provider to cancel User's Service shall be communicated by e-mail.

9. Modifications to Agreement
Provider reserves the right to modify these Terms and Conditions. Any changes to the Terms and Conditions shall be immediately communicated to User via e-mail and shall be effective within fourteen (14) days of such communication. Without limitation to User's other rights to cancel set forth herein, User is entitled to cancel this Agreement at any time after having received notification of the change, but before the change takes effect. As part of the notice of modification, the Provider will provide the User with the changes and the cancellation terms they invoke. Any notice of cancellation from User shall be given by e-mail.

10. Terms of Use
A. The Service shall not be used:
i. in any unlawful activity;
ii. for business or commercial purposes;
iii. in the participation or operation of any gambling or lottery activities; or
iv. with intent to solicit for business or other purposes.
Further, without limiting the foregoing restrictions, the Call Number supplied by the Provider shall not be used in connection with advertising for value-added or telephone services of any kind; the sale, marketing or soliciting of medication, financial services, securities or any other governmentally related commodity, product or service; or any multi-level marketing or structural sales of any kind.
B. The User shall undertake to keep confidential both his/her user name and password, and shall not disclose them to any third party. In the event that this information becomes known to a third party or any theft of the Service occurs, the User shall promptly inform the Provider, so that the account information can be blocked or modified.
C. The User shall not employ any automated scripts, applications, answering services, or similar facilities in order to generate, or respond to, calls. The use of any automated software is strictly prohibited.

11. E-mail Notices
All notices provided hereunder shall be given by e-mail. All notices to User shall be e-mailed to the e-mail address identified by User during the registration process. All notices to Provider shall be e-mailed to the following address: support@voipways.com, or by typing a reply into the User's Personal Login section account on the Provider's website, voipways.com.

12. Parties
This agreement is made for the benefit of Provider and User only and is not intended to create any third party beneficiary right in any other party.

13. Governing Law and Jurisdiction
This agreement shall be governed and construed under and in accordance with the laws of the Commonwealth of Pennsylvania. User and Provider agree that this Agreement was entered into in the Commonwealth of Pennsylvania and User submits to the exclusive jurisdiction of the state courts of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. Any offer extended hereunder is void where prohibited.

14. Liability
User shall release Provider from any and all liability arising or resulting from this Agreement or the Service. Additionally, User shall hold harmless, indemnify and defend Provider from any claims, demands, lawsuits, loss, or liability arising or resulting from the use of the Services by User or any customer, individual or entity using the Services by, through, or under User.

15. Other
Force Majeure: Provider shall not be liable in the event that fulfillment of this Agreement due to causes beyond its control, including but not limited to, such things as labor strikes, war, natural disaster, etc., In the event of Force Majeure, the Provider may immediately discontinue service.

Privacy Policy

Basis Audionet (the "Provider") will not trade, sell, or disclose to any third party any form of User identifiable information without the consent of the User (except as required by subpoena, search warrant or other legal process or in the case where failure to disclose information will lead to imminent harm to the User or others). This includes information derived from registration, and use of Provider's service.

Collection / Use of Information
Provider will collect User identifiable information for provisioning of this demonstration service, resolution of problems associated with service, and to inform Users of new products or services that will enhance their Voipways' experience. The User identifiable information may be used, by the Provider, to market products and services to the User, but the Provider will not disclose or make available any User identifiable information to any third parties.

Security
Provider has invested and deployed a wide variety of technology and security features to ensure the privacy of User information on its network. In addition, Provider has implemented strict operation guidelines to ensure the User's privacy is safeguarded. Provider will continue to revise policies and implement additional security features as new technologies become available. However, Provider cannot guarantee in any way that information provided by the User has not been illegally obtained from a third party company or source.

Communications
Provider will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using the Provider's service, except as required to ensure proper operation of service or as otherwise authorized by law.

Unlawful Activity
User identifiable information may be used, by the Provider, to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of service or the network integrity, that otherwise violate the Provider's General Terms and Conditions.

Account Information
The User is responsible for ensuring that the information on file with the Provider is current and accurate.

Children's Privacy Policy
Provider does not sell products or services for purchase or use by children. Provider does not knowingly solicit or collect User identifiable information from children or teenagers under the age of eighteen. In addition, the Provider will not knowingly link to any third party web site that solicits or collects Users identifiable information from minors. If you believe that a minor has disclosed personally identifiable information to Provider, please contact the Provider in order that the minor's User information and account can be removed.