10102280 Collect

SUBJECT TO CHANGE AT ANY TIME AT THE SOLE DISCRETION OF DIAL-AROUND TELECOM, INC.

1010-22-80 ("1010-22-80") is governed by terms (a) located within the following Service Agreement, (b) published by Dial-Around Telecom, Inc. ("DAT") in any other current 1010-22-80 materials or in other publications; and (c) published in any applicable state tariff (collectively, the "Terms"). The Terms may be updated from time to time. For purposes of the Terms, "you" means the customer who places an station to station collect call via dialing 1010-22-80

By placing a 1010-22-80 call, you accept the Terms as they may be updated from time to time.

To place any 1010-22-80 call, you dial 1010-22-80 and request the automated system to connect you to a telephone number that you provide. If your call is accepted by the called party, then the call is completed and billed to the called number.

1010-22-80 calls from the U.S. to U.S. locations:
You may place a 1010-22-80 call from any phone in the U.S. mainland. Certain areas and cities might not allow origination of a collect call and such areas and cities are subject to change without the obligation to notify the customer.

Rates for 1010-22-80 collect calls might vary. You may find the latest rates posted on the http://collect.1010228.com website. These rates are subject to change at sole discretion of "DAT".

Completed calls will be rounded to the next higher full minute. If the computed charge for a call includes a fraction of a cent, DAT rounds the price of the call down to the nearest whole cent. All rates provided are in United States Dollars.

DAT may deny or limit use of the 1010-22-80 service for any lawful reason. DAT reserves the right to block, without notice (consistent with governing laws and regulations), call traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges, individual telephone stations, groups, or ranges of individual telephone stations, or calls using certain authorization codes, whenever DAT deems it necessary to take such action to prevent (1) the unlawful use of service; (2) nonpayment for service; (3) the use of service in violation of the Terms; or (4) network blockage or the degradation of service furnished to you or other customers. DAT will provide subsequent voice notification of such blocking or termination. DAT will unblock as soon as it determines it can do so without undue risk.

DAT and its distributors and agents will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, terrorist acts, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.

DAT makes no express or implied representations or warranties about its services and disclaims any implied warranties, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. DAT does not authorize anyone to make a warranty on DAT's behalf and you may not rely on any statement of warranty as a warranty by DAT.

You will indemnify, defend, and hold harmless DAT and its distributors and agents against all claims of loss or damage arising from use of the 1010-22-80 service by you or others authorized by you, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Card, and (b) all other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the 1010-22-80 service.

DAT will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in DAT offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with DAT services.

In no event will DAT be liable for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, including lost profits.

This section provides for resolution of most disputes through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. All disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted either to the American Arbitration Association ("AAA") or to JAMS ("JAMS"), for final and binding arbitration. The arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules") or the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), respectively, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. Either party may contact AAA in writing at AAA Central Case Management Center, 134555 Noel Road, Suite 1750, Dallas, TX 75240-6636 or JAMS in writing at 1101 17th St., NW, Suite 808, Washington, D.C. 20036. For more information regarding AAA or JAMS, you may visit their respective web sites at http://www.adr.org/ or http://www.jamsadr.com/. Under the AAA Rules and the JAMS Rules, you also may have the right to take qualifying disputes to small claims court. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. The arbitration will be conducted in accordance with the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"). The arbitrator will determine any controversy over whether an issue is arbitrable. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the USAA. For any arbitration in which you claim less than $10,000, the Company will pay your filing fee with AAA or JAMS and all of AAA's or JAMS's other costs and fees. For claims between $10,000 and $75,000, you will pay a fee to the AAA or JAMS of no more than $125, and the Company will pay all of the AAA's or JAMS' other costs and fees. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. Except to the extent authorized by statute and awarded by the arbitrator, each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held at the location that AAA or JAMS selects unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to 1010-22-80 services. Any dispute or claim arising out of or relating to these Terms must be brought within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises.

Customers may not modify or assign the Terms. In its sole discretion, DAT may modify and assign these Terms.

No waiver of the Terms is valid.

The Terms are binding upon you and DAT and upon, respectively, your and DAT's agents and heirs. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Terms.

The Terms are governed by and construed under the laws of the State of FLORIDA and applicable federal law, without regard to choice of law principles.

Additional help and resources are available by calling Dial-Around Telecom customer service toll free at 1-888 331-0228 or 1-305 375-7582

* Available in most areas. Rates exclude Federal Universal Service Fee. All calls will be charged in 1 minute increments. Rates are subject to change without prior notification. We take your Privacy seriously. No part of this web site may be reproduced in any form without written permission. Copyright © 2005 Dial-Around Telecom, Inc. All Rights Reserved.