INTRODUCTION:

These Terms of Service constitute the agreement between AusTex VoIP and the user of AusTex VoIP's communications services and any related products or services. This agreement governs both our service and any AusTex VoIP-approved or AusTex VoIP-provided devices used with our service. It applies to all lines on each AusTex VoIP account. AusTex VoIP is sometimes referred to as "we," "us," "our," or "AusTex VoIP" and the user is sometimes referred to as "you," "your," or "user," or "customer". By subscribing to or using our service, you agree to these Terms of Service. All information linked to these Terms of Service is part of it.

CUSTOMER SERVICE:

We offer varying types and levels of customer service depending on a number of factors, including the service you are using and the problems you are experiencing.  We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.

MONEY BACK GUARANTEE:

We offer a money back guarantee if you terminate your service within 30 days from your subscription date. The subscription date is the date you order service or the date we successfully process your payment, whichever is later. Please note that we may, on occasion, offer the first month's service for free. If you obtain service during this promotional offer period, your 30 days begins with your free trial sign up period. You may elect to cancel prior to your first billing period.

SERVICE:

Service Distinctions:
Our service is not a telecommunications service, and we provide it on a best efforts basis. There are important distinctions between a telecommunications service and our service. Our service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires a high speed broadband connection which we do not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.

Residential Use of Service and Device:
If you subscribe to our residential service plans, we provide you with service, features and the device solely for single family, normal residential, non-commercial use. Single family refers to you and those of your immediate family members who reside in your personal residence - e.g., spouse, domestic partner, and/or children. If you subscribe to a service plan which permits use of more than one device with the same voice line, the basis for assessing such use will not change.

Small Business Plans:
If you subscribe to any of AusTex VoIP's small business plans, we provide our service, features and the device to you solely for use as a small business user or domestic business traveler. The following uses are not considered small business uses and are not permitted under small business plans: autodialing; continuous or extensive call-forwarding or conferencing, inbound/outbound centralized or distributed call center activity, telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting and fax or voicemail blasting.

Inconsistent with Normal Use:
If you use the service, any feature or the device in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at AusTex VoIP's sole discretion, to pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use.

Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive conferencing or call forwarding, excessive numbers and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review or further action by us.

We may determine inconsistent use based on material deviations from the usage patterns and levels of most of our customers using the same and/or similar service plans, features or devices. Failure to contact AusTex VoIP in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in AusTex VoIP's sole discretion, in immediate mandatory transfer to another appropriate plan (which may be higher in cost), suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and device or other rebate recovery charges. AusTex VoIP's right to terminate your account is not limited by this provision.

Current Monthly Usage Limitations by Plan:

Combined Home and Mobile Service:
Incoming = Unlimited
Outgoing = 3000

No 0+ or Operator Assisted Calling:
We may not support x11 calling other than 911. Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service does support specified dialing such as 911, which is provided for in our 911 Dialing documentation.

No Directory Listing:
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.

Incompatibility With Other Services:
Non-Voice Equipment Limitations. You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against AusTex VoIP for interference with or disruption of these services and equipment, as well as any claim that AusTex VoIP is responsible for any disruption to your business, if applicable.

Certain Broadband, Cable Modem, and Other Services. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.

Passwords:
You will be asked to create a password in order to gain access to your account information on-line or when contacting a AusTex VoIP agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.

Changes to Service Plans:
Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described at http://austexvoip.com or in other communications and materials made available to you in connection with your order or changes to your service. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. If we decide to change our advertised features or prices, we will give you notice prior to those changes taking affect. This notice may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law.

LENGTH OF SERVICE:

Service Term:
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. Your service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.

Automatic Renewal:
Your service term automatically renews for the same term unless you call us locally at (512) 600-0990, or toll free at (877) 839-5665 to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.

Our Right to Disconnect:
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice.

We reserve the right to immediately disconnect your service at any time without notice for:

Unlawful or inappropriate use: If we determine that you have used our service or the device for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.

Non-payment: If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment or account charges.

Violation of laws of jurisdictions: If we determine that you have used our service or your device in violation of laws of jurisdictions outside of AusTex VoIP service areas.

Inconsistent usage: If we determine that your use of the service, features, or the device is, or at any time was inconsistent with normal inbound or outbound usage patterns for the type of service or plan that you have purchased, or that you have at any time used the service, feature or the device for any of these or similar activities.

Our action or inaction under this section does not constitute any review or approval of your action or use or content.

BILLING AND PAYMENT:

Billing:
We will charge your method of payment in advance for each monthly service plan fee, associated taxes and surcharges, in arrears for any usage and calls not covered by your plan, and immediately on disconnection for any unbilled amounts and any disconnection, rebate and other recovery fees that are due. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft.

Payment:
When you subscribe to our service, you authorize us to collect from your payment method, including disconnection fees, late fees, check return fees, rebate or device recovery fees and any other outstanding charges. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method.

Collection:
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

Notices:
You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, and credit/debit card number and expiration date). You acknowledge and agree that AusTex VoIP will be sending you information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.

You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so.

Billing Disputes:
If you want to dispute any AusTex VoIP charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer.

USE OF SERVICE AND DEVICE BY CUSTOMERS OUTSIDE OF THE UNITED STATES:

Although we encourage you to use our service to call foreign countries from the United States and to use our service as you travel, the services are only offered and supported in the United States. Our service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a AusTex VoIP service area or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service.

You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service. If you travel with a device outside the United States for use in another country, you are solely responsible for determining and adhering to compliance with all applicable custom, regulatory and other laws regarding the transport, distribution and use of such device and the service.

LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY:

AS IS Services:
You agree that our services are provided "as is," except to the extent provided below.

No Warranties on Service:
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information.

Neither AusTex VoIP nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of AusTex VoIP's or its service provider's or vendors' negligence. Statements and descriptions concerning our service or device, if any, by AusTex VoIP or AusTex VoIP's agents or installers are informational and are not given as a warranty of any kind.

Device Warranties and Limitations:

Credit Allowances for Interruption of AusTex VoIP Service. We do not currently credit for any interruption of AusTex VoIP service, including international calling services.

Limitation of Liability. We will not be liable for any delay or failure to provide service, including 911 dialing, at any time or any interruption or degradation of voice quality that is caused by any of the following:

* Third party omission - an act or omission of an underlying carrier, service provider, vendor, or other third party;

* Equipment failure - equipment, network, or facility failure, equipment modification, equipment, network, or facility upgrade or modification;

* Force Majeure - force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;

* Equipment shortage - equipment, network, or facility shortage, equipment relocation, equipment or facility relocation;

* Loss of power- loss of power service, equipment, network, or facility failure caused by the loss of power to you;

* Outages - an outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;

* Act of Ommission - any act or omission by you or any person using our service or the device provided to you;

* Other causes - any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.

Disclaimer of Liability for Damages:

In no event will AusTex VoIP, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Disclaimer of 911 Liability:

We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result.

Neither AusTex VoIP nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.

Limit on total liability:

Our total liability under this agreement will not exceed the service charges for the affected time period. AusTex VoIP will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.