eVoice

• Use Limitation and Storage Practices
• Management Via The Internet
• Customer of Record of eVoice Telephone Numbers
• No Resale Of The Services
• Participation In Promotions Of Advertisers
• Agreement to Arbitrate All Disputes
  1
  Acknowledgement and Acceptance of Terms of Service
  This Agreement is between you ("you", "your"), as an authorized user of the Services, and J2 Web Services, Inc
  , a Delaware corporation, or its subsidiaries (the "Company," “eVoice,” or "we")
  For purposes of this Agreement, "Services" is defined as any and all services provided by the Company to you either now or in the future and "eVoice account" is defined as the eVoice Receptionist account or the eVoice Plus account, or any other eVoice branded account through which you access the Services
  "Number" is defined as each assigned eVoice telephone number
  If you are an administrator of an eVoice account, you are responsible for your users' adherence to these Terms of Service

These Terms of Service, together with any operating rules, policies, price schedules or other supplemental documents published from time to time by the Company (collectively, the "Agreement"), constitutes the entire agreement between the Company and you regarding the Services, and supersedes all prior agreements between the Company and you regarding the subject matter of this Agreement
By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement
If you are using the Services on behalf of your employer, you represent that you are authorized to accept this Agreement on your employer's behalf

For Canadian Users: Please note that when you place an order to purchase on this Website, it constitutes an offer to purchase and remains subject to the Company's acceptance
Goods or services listed or described on this Website constitute an invitation to make an offer to purchase

If you begin, but fail to complete the sign up process for Services, the Company may contact you in an effort to help you sign up for the Services or another service provided by the Company
You hereby authorize the Company to make such contact, even if you ultimately determine not to sign up for any of the services provided by the Company

Unless explicitly stated otherwise, this Agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to the release of new Company software and Services
In the case of any violation of this Agreement, the Company reserves the right to seek all remedies available by law and in equity

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement
You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement

No Emergency Calling:  The Services are not a replacement for traditional wireline services, nor are they a replacement for cellular services
You cannot make emergency calls using the Services
If you attempt to make a 911 call while using the Services from your desktop or laptop computer, you will receive an error message stating that the call cannot be completed
If you attempt to make a 911 call using the eVoice mobile application on your smartphone, you will receive an error message stating that the call cannot be completed
But use of the Services from a cellular phone does not interfere with your ability to place a 911 call from your cellular device as you would typically place such a call
It is only if you attempt to place an emergency call using the Services through the actively running eVoice mobile application that such a call will not complete
You agree to advise any users of the Services that the Services do not provide emergency calling functionality
Accordingly, you must ensure that you and any other users of the Services have other communications services available to you or to them so that you and they are able to place emergency calls

Limited Text-to-911 Capabilities:  Text-to-911 provides users with the ability to send text messages to emergency call takers
Please note that text-to-911 functionality is only available in limited locations throughout the U
S
Public Safety Answering Points, referred to as "PSAPs" must have implemented the necessary capabilities to receive such emergency text messages
If you attempt to send a text-to-911 message and the PSAP is not capable of receiving it, you will receive a bounce-back message informing you that the emergency text was not received by the relevant PSAP
Because not all PSAPs are capable of receiving text-to-911 messages, it is preferable for you to contact emergency services by voice calls
But you cannot use our Services to contact emergency services through a voice call
Accordingly, you must ensure that you have other communications services available so that you are able to place emergency calls and are not solely reliant on the eVoice mobile application's text-to-911 functionality for contacting emergency services
For additional information about text-to-911 services, please refer to the Federal Communication Commission's Text-to-911 Guide

2
Modifications to this Agreement and to the Services
The Company may automatically amend this Agreement at any time by posting a revised Agreement on the eVoice Website, and if the amendments are material sending information regarding the amendment to the email address you provide to the Company
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE EVOICE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS
YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU
Otherwise, this Agreement may not be amended except in writing signed by both you and the Company
The Company reserves the right to modify or discontinue any of the Services with or without notice to you and the Company shall not be liable to you or any third party should the Company exercise its right to do so

Your Services begin upon activation and automatically renew on a monthly basis, until terminated upon notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder

eVoice, eVoice Classic and eVoice Free, as each is defined herein, will be referred to collectively herein as "the Services
"
The Company offers the Services at its Website www
eVoice
com (together with other Websites owned and operated by the Company, the "eVoice Website")
The main Service is:

• eVoice includes (a) a virtual PBX that directs telephone calls to telephone numbers you specify, (b) an auto-attendant allowing callers to have their call routed to one of a number of specified recipients, (c) voicemail accessible by phone, web and an existing email account; and (d) conference calling
• eVoice Classic includes Voicemail accessible by phone, web and an existing email account
• eVoice Free includes but is not limited to a local telephone number along with twenty (20) minutes of calling per month, a voice mailbox, inbound texting, and call forwarding to your mobile number
• Minutes can be used for inbound and outbound calling
• Each of the following eVoice® service tier options, if not already bundled with your eVoice® plan, can be added to your eVoice® plan at an additional charge (not applicable to eVoice® Classic):
• Voicemail to Text: Voicemail to Text (referred to herein as "V2T") includes the transcription of voicemails to text, with the transcription routed to you by email (by default) or SMS (optional)
• You will continue to be able to access your voicemail in audio format by phone, web and email
• Call Recording: If you have enabled Call Recording on your account, you can record inbound or outbound telephone calls from your eVoice service by using the appropriate "*2" command during the call as long as the other party is on the call
• When you use the "*2" command, an automatic audio prompt will play indicating that the entire call is being recorded
• If you use the "*2" command again during the call, the recording will stop
• The Call Record feature is not currently available for conference calls
• Each recorded call is downloadable from your eVoice Account and is stored for thirty (30) days from the date of the recording
• If you use the Call Record feature from outside the United States or the other person on the call is outside the United States, you must abide by all applicable international laws, rules and regulations
• The call recording feature is intended for single person use only
• We reserve the right to disconnect or modify your service plan if we determine, at our sole and absolute discretion, that your usage of this feature is inconsistent with, or in excess of, normal usage patterns of other users of our Services
• In addition, some customers may be able to receive inbound fax messages through the eVoice telephone number assigned to your eVoice account, if such feature was included in your original plan
• Call Recording: If you have enabled Call Recording on your account, you can record inbound or outbound telephone calls from your eVoice service by using the appropriate "*2" command during the call as long as the other party is on the call
  When you use the "*2" command, an automatic audio prompt will play indicating that the entire call is being recorded
  If you use the "*2" command again during the call, the recording will stop
  The Call Record feature is not currently available for conference calls
  Each recorded call is downloadable from your eVoice Account and is stored for thirty (30) days from the date of the recording
  If you use the Call Record feature from outside the United States or the other person on the call is outside the United States, you must abide by all applicable international laws, rules and regulations
  The call recording feature is intended for single person use only
  We reserve the right to disconnect or modify your service plan if we determine, at our sole and absolute discretion, that your usage of this feature is inconsistent with, or in excess of, normal usage patterns of other users of our Services

In addition, some customers may be able to receive inbound fax messages through the eVoice telephone number assigned to your eVoice account, if such feature was included in your original plan

• Fax: The ability to send and receive fax messages through the eVoice telephone number assigned to your eVoice account, is available with certain Services, depending on which eVoice package you are subscribed to