These Terms of Service constitute the agreement ('Agreement') between VoxSun Telecom Inc., ('we', 'us','VoxSun', 'VoxSun Telecom', or 'Voxsun';) and the user ('you', 'user', 'customer') of VoxSun Telecom Inc.’s communications services and any related products and/or services ('Service'). This Agreement governs both the Service and any related Wi-Fi Phone, Smart Phone, computers, router, Web applications and any other Wi-Fi Mobile Device (“Equipment”, “Device” or “Product”) used in conjunction with the Service. If you purchased our Service and/or Equipment through a Reseller and/or our website at www.voxsun.com and/or a provider other than VoxSun, you are a ;Retail Customer; for purposes of this Agreement.
VoxSun Telecom Inc., and its logo are registered trademarks and cannot be used by any Customer without the written consent of VoxSun. Customer assumes all responsibility and risk associated in using the service, product and website, and VoxSun shall not be liable for any damages whatsoever resulting from said use. The User has the responsibility to evaluate the usefulness and value of any service(s) and/or product(s), merchandise or any other information provided through our website. VoxSun makes no expressed or implied warranty as to the merchantability of content or programming accessed through use of the service, product and website. VoxSun will not be liable for any incidental, consequential, direct or indirect damages arising out of the use of or inability to use of the service, product and website by customer. If there is a variance in Country, Provincial and State law, then the liability of VoxSun is limited to the greatest extent permitted by law.
 
1.    SERVICE TERM
    
1.1    Call Plan Service Term
    
Service is offered and PRE-PAID for on a prescribed recurring monthly basis for a term that begins on the day your service is activated by VoxSun and ends on the day before the same date in the following period (“Service Term”) (ex. from the 22nd to the 21st of the following month). Subsequent terms of this Agreement automatically renew for the same Service Term unless YOU complete the TERMINATION REQUEST FORM directly accessible on our website at www.voxsun.com within user’s online account. You are purchasing the Service for the full Service Term, meaning that if you attempt to disconnect Service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then-current Service Term, consequently the monthly cost of the service will NOT be refunded. You will also be responsible for charges for the following Service Term in the event that you do not provide the requisite disconnect notice time allotment as described below in the «Termination of Service» section and any other consecutive month until Termination has been officially submitted online.
 
1.2    ALL UNLIMITED CALL PLANS.
    
Service is offered by purchasing Voxsun’s unlimited call plans on www.voxsun.com and you have to download the appropriate VoxSun’s apps for your cell phone and install it. According to your unlimited plan you will be able to make outgoing inclusive local, long distance and international calls. Your usage of the services must not be inconsistent with normal use (please refer below to 1.4)
If your account REMAINS ACTIVE, you have 30 days from the 1st day you purchased your unlimited call plan to use the remaining minutes, after which they will be deleted from our database and you will lose the remaining balance of minutes available.
Long Distance minutes usage is based on ACTIVE accounts and customers. If you Terminate your Call Plan or your services are suspended due to lack of payment, you will lose them immediately. Any balance left in your VoxSun account upon submitting a Termination Request Form or suspension of service due to lack of payment (inactive account), is NON-REFUNDABLE.
 
1.3    Extra minutes option Service Term
    
Service is offered by purchasing VoxSun’s extra minutes option on www.voxsun.com . This is not a call plan package. They are extra minutes for international calls towards one or several countries of our list. This information can be changed and updated at anytime without any notification.
If your account REMAINS ACTIVE, you have 30 days from the 1st day you purchased your extra minutes option plan. After which it will be deleted from our database and you will lose the balance of minutes left.
Extra minutes option usage is based on ACTIVE accounts and customers. If you terminate your Call Plan or your services are suspended due to lack of payment, you will lose them immediately. Any balance left in your VoxSun account upon submitting a Termination Request Form or suspension of service due to lack of payment (inactive account), is NON-REFUNDABLE.

1.4 Fair Usage Policy

We reserve the right immediately to either suspend your Service and offer you an alternative call plan or terminate your Service if we determine, in our sole and absolute discretion, that your use of the Service is, or at any time was, inconsistent with normal usage for an individual or comparing to our customers patterns or you exceed the fair usage limits set out below. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service was inconsistent with normal use by an individual or comparing to our customers or the fair usage limits set out below
Fair Usage Limits
VoxSun unlimited plans are subject at all times to a limit of 5000 minutes for business plans and 3000 for retail plans in aggregate during each monthly billing cycle for outgoing inclusive local, long distance and international calls.
 
1.5    Termination of Service
    
You may terminate this Agreement by completing and submitting the online Termination
Request Form within your user account by clicking on the «Service» link and then the
«Termination» link. Termination is the SOLE RESPONSIBILITY of CUSTOMER, consequently, emails, calls or verbally informing a Reseller or VoxSun WILL NOT BE CONSIDERED an official termination request UNTIL you complete and submit the Termination Request Form ONLINE. Termination will take effect at renewal date. You will be responsible for charges for the following Service Term and any other consecutive month until Termination has been officially submitted online. ALL pre-paid Service’s to VoxSun are NON-REFUNDABLE.
 
1.6    Prohibited Use: Unlawful Use and Inappropriate Conduct
    
You shall use the Service, Equipment and Website only for lawful purposes. You shall not use the Service, Equipment and Website in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. In addition, you shall not use the Service, Equipment and Website to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or VoxSun, its parent, affiliates, directors, officers, agents, resellers and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service, Equipment and Website for an unlawful purpose or in ways mentioned above. In the event of such disconnection you will be responsible for all fees and charges due under this Agreement, including those referred to in Section 1., NO fees will be refunded. If we believe that you have used the Service, Equipment and Website for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, VoxSun will provide customer and call detail information in response to lawful government requests, subpoenas, court orders and to protect its rights and property, and in response to law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, Voxsun reserves all of its rights at law and equity to proceed against anyone who uses the Services, Equipment and Website illegally or improperly.
 
2. Equipment; Copyright; Trademark; Unauthorized Usage of Service or Website; Firmware or Software.
 
2.1    Equipment
    
Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways for the proper operation of the Services and communications. Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements.
You acknowledge and understand that VoxSun will not be liable for Service interruptions if you have not configured your Equipment correctly or your Equipment does not meet VoxSun’s requirements, in the event of a network outage or extended power failure, if you tamper with the Equipment; or following suspension or termination of your Services or account.
 
2.2    Copyright, Trademark(s)
    
The Service, Equipment or software used to provide the Service or provided to you in conjunction with providing the Service, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively ;marks;) are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
 
2.3    Software or Web application(s)
    
Any software or Web application(s) and accompanying documentation we provide to you remains our property or that of our licensors. You will take reasonable steps to protect such software, Web application(s) or documentation from theft, loss or damage. You must review and agree to the applicable end user license agreement before installing or using the software, Web application(s) or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of this Agreement.
 
2.4    Identifiers
    
You do not own any identifier (telephone number, account number, PIN number, email address, IP address, Web page address, access code, etc.) assigned to you and we may change or remove this identifier at any time upon notice to you.

2.5    Theft of Service or Device
    
You shall not use or obtain the Service and/or Equipment in any manner that avoids VoxSun policies and procedures including any illegal or improper manner. You shall notify us immediately, in writing or by emailing customer support, if your mobile, also referred to as “Device”, is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you Contact us, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. You are responsible for the cost of replacing your Equipment. Should you wish not to replace your Equipment, and decide to Terminate your Service, your obligations under this agreement will apply. VoxSun reserves all of its rights at law and equity to proceed against anyone who uses the Services or Device illegally or improperly.
 
2.6    Service Distinctions
    
The Service is not a traditional telecommunications service or a substitute to your traditional cellular mobile services and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, third party carrier’s network reliability, underlying ISP or broadband service or items relating to Wi-Fi access and dependability. Other things may affect Service, such as maintenance. VoxSun will act in good faith with a view to minimizing disruptions to your use of and access to Service. Important distinctions exist between a traditional telecommunications service and our Service, and our Service is subject to different regulatory treatment than a traditional telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
 
2.7    No 0+ or Operator Assisted Calling; May Not Support x11/8xx
    
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls) and phone number starting with 1-800, 1-900, 411, 611. The Service may not support 311, 511 and/or other x11 services in one or more (or all) service areas.
 
2.8    PROVISION FOR 911 AND/OR WORLDWIDE EMERGENCY CALL SERVICES WARNING:
    
The use of Emergency Call Services ARE NOT INCLUDED NOR SUPPORTED by VoxSun’s voice communication service. Consequently, VoxSun Telecom Inc., will NOT BE HELD LIABLE for FAILURE TO PROVIDE Emergency Call Services on its Voice Network (9-1-1 and/or WorldWide Emergency Call Services are usually supported by Local or National mobile carriers).

2.8.1 EMERGENCY SERVICES - 911 Dialing through VoIP

Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service.

Non-Availability of Traditional 911 or E911 Dialing Service.
VoxSun Telecom inc Inc. offers a form of 911 service (911 Dialing) that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (E911) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre call-taker. With VoxSun Telecom inc's 911 service, your call is sent to a national emergency call centre. The call centre operator will request or confirm your location information and then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your address and call-back number since the operator may not have this information. If you use a SoftPhone, your 911 calls will be routed to the national emergency response centre, however, emergency personnel do not receive your phone number or physical location information. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again.

2.8.2 Registration of Physical Location Required. You should ensure your location information, when registered with VoxSun Telecom inc ., is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information if you move your device to a different location and/or if you add a new line to your account. Regardless of what address you register for a SoftPhone, the national emergency response centre does not receive your phone number or physical location information when you place a 911 call. Your 911 Dialing service is activated when you subscribe to VoxSun Telecom inc . Service.
 

2.8.3 Service Outages. 911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or VoxSun Telecom inc . a service is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your Device prior to utilizing the service, including 911 Dialing.

2.8.4 Re-Registration Required if You Change Your Number or Add or Port New Numbers. You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 Dialing to function as intended. Regardless of what address you register for a SoftPhone, the national emergency response centre does not receive your phone number or physical location information when you place a 911 call.

2.8.5  Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 Dialing over traditional public telephone networks.
 
2.8.6  Conveying Limitations to other household residents and guests. You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the VoxSun Telecom inc . service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above.

2.8.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither VoxSun Telecom inc . nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless VoxSun Telecom inc , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

2.8.8 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.
 
3.    CHARGES, PAYMENT, TAXES and DISCONNECTION
      
3.1    Billing
    
When the Service is activated, you must provide us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. If your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, fees, applicable taxes and surcharges for each Service Term in advance to your payment method, either credit card or direct debit, including but not limited to: credit or debit card refusal fees; change of Call Plan fees; Re-activation Fee; Service Fee; Administration Fees; international usage charges; advanced feature charges; premium services/add on and taxes.
Cost of fees is posted in the Supporti section of our website under 'online billing, payment processing & Fees' and can be modified without prior notice. Your monthly invoice will be automatically posted in your account on our website.
The above fees are defined as follows:
Credit or debit card refusal Fees - These fees covers charges for any credit or debit card refusals while attempting to process payment on our website.
Change of Call Plan Fees - During a given month any change in a Call Plan will incur an administration fee to user.
Re-activation Fee - This fee covers re-activation of Call Plan Service(s) due to de- activation, termination or suspension of Service of a Voxsun Customer.
Service Fee - This is the basic charge associated with your service. This fee includes the calling charges defined by your Call Plan and/or services, the features associated with your plan and basic account services.
Administration Fees - is defined as any type of demand from customer/user not described in the above fees.
Taxes - VoxSun is obligated (if applicable) to bill and collect local, provincial and federal taxes on behalf of the various taxing authorities. Voxsun remits all taxes it collects to the appropriate taxing authority.

3.2    Billing Disputes
    
You must notify us in writing within seven (7) days after receiving your statement from your credit or debit card issuer if you dispute any VoxSun charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be directed to VoxSun at: info@voxsun.com

3.3    Payment and Collection
    
(a) Payment
Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until YOU SUBMIT the TERMINATION FORM directly accessible on our website at www.voxsun.com within your Account (under the «Service» link and «Termination» link). We may disconnect your Service at any time in our sole and absolute discretion 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 of account and/or service charges.
(b) Collection
If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.

3.4    Disconnection, Discontinuance of Service
    
We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time at our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus any late Termination fee, if applicable, all of which will immediately be due and payable. You will also be responsible for charges for the following Service Term in the event that you do not provide the requisite disconnect notice time allotment as described in article 1.
 
3.5    Taxes
    
Federal, provincial, municipal, local or other governments may assess taxes, surcharges and/or fees on your use of VoxSun’s Service. These charges may be a flat fee or a percentage of your VoxSun charges and may change from time to time without notice. These charges are based on the rates applicable of the address you provided to us upon subscription. You are responsible for all applicable federal, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
 
3.6    No Refunds for Pre-Paid Service and/or Equipment
    
Subject to applicable law, we will not refund any Service Fees or any other amounts paid in connection with any pre-paid Service and/or Equipment.
 
4. LIMITATION OF LIABILITY, INDEMNIFICATION, WARRANTIES
 
4.1    Limitation of Liability
    
We will 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:
· an act or omission of an underlying carrier, service provider, vendor or other third party;
· equipment, network or facility failure;
· equipment, network or facility upgrade or modification;
· 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, network or facility shortage;
· equipment or facility relocation;
· service, equipment, network or facility failure caused by the loss of power to you;
· outage of, or blocking of ports by, ISP or broadband service providers or other impediment to usage of the Service caused by any third party;
· any act or omission by you or any person using the Service or Device provided to you; or
· 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.
 
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
 
4.2    Disclaimer of Liability for Damages
    
IN NO EVENT WILL VOXSUN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, RESELLERS OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO PROVIDES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER 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 THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
 
4.3    Indemnification and Survival
    
(a) Indemnification
You shall defend, indemnify, and hold harmless VoxSun, its officers, directors, employees, affiliates, resellers and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party or user of the Service, relating to this Agreement or the Services, including, without limitation, 911 Dialing, or the Device.
 
(b) Survival
The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement.
 
4.4    No Warranties on Service
    
To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITH OUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR CONDITION THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER VOXSUN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, RESELLERS OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO PROVIDES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR 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 VOXSUN OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY VOXSUN OR VOXSUN'S AGENTS AND RESELLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.
 
4.5    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.
 
4.6    Content
    
You will be liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using the Service (each such person, a ;User;). You shall ensure that YOU and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove you or your Users' content from the Service, if we determine, at our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of you or your Users' use or content.

5.    MISCELLANEOUS
    
5.1    Governing Law
    
The Agreement and the relationship between you and us is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the Province of Quebec and waive any objection as to venue or inconvenient forum.
 
5.2    Mandatory Arbitration and No Jury Trial
    
Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Montreal, Quebec and shall be conducted in French. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, 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. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, QUEBEC.
 
5.3    No Waiver of Rights
    
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
 
5.4    Entire Agreement
    
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates, fees and charges for Services and/or Equipment found on our website constitute the entire agreement between you and Voxsun and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and VoxSun and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
 
5.5    Severability
    
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
 
6.    FUTURE CHANGES TO THIS AGREEMENT
    
We may change the terms and conditions of the Service and this Agreement, as well as amounts charged under this Agreement, from time to time. Notices will be considered given and effective on the date posted on www.voxsun.com , or as otherwise may be required by applicable law. Subject to applicable law, such changes will become binding on you on the date they are posted on our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted or otherwise amended in accordance with applicable law, supersedes all previously agreed to, electronic and written terms of service, including, without limitation, any terms included with the packaging of the Service and/or 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 and/or Device. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided in Section 1.4.
 
7.    PRIVACY
    
7.1    Network Security
    
VoxSun Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. VoxSun is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.voxsun.com for additional information.

7.2    Personal Information
    
To the extent that personal information is provided in connection with this Agreement, the customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use, collection and disclosure by VoxSun, assignees of VoxSun, and their respective affiliates, Independent representatives, agents, resellers and contractors for the following purposes: (i) providing products and services to the customer, (ii) contract management and administration, (iii) establishing a customer relationship and communicating with customers, (iv) developing, implementing and managing products and services for customers, (v) assisting in law enforcement purposes and collecting unpaid debts, (vi) protecting, managing and promoting their business interests and activities; (vii) providing information to the customer on other products and services which may be available; and (viii) otherwise as required or permitted by law or this Agreement. The customer may withdraw his or her consent in respect of clause (vii) above, without affecting his or her other arrangements with VoxSun, by notifying VoxSun's Privacy Officer in writing at info@voxsun.com. Further information on VoxSun's privacy policies, as well as access to any such personal information for purposes of review, correction and updating, may also be obtained by writing to the Privacy Officer. For the purposes of this Section 7.2, ;personal information; does not include the name, address and telephone number of a subscriber that appears in a publicly available telephone directory.
 
8.    EXPORT CONTROLS
    
You agree to comply fully with all relevant export laws and regulations of Canada, and without limiting the generality of the foregoing, you expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or any direct product thereof to any destination, company or person restricted or prohibited by such laws or regulations.