Long Distance Services Terms & Conditions

The terms and conditions set forth herein are applicable to interstate long distance services (the "services") provided by United American Corp, Inc. and/or its subsidiaries, herein collectively called the "Company" and are meant to supplement those terms and conditions located under any Service Agreement between the Company and its Long Distance Customers. These terms and conditions, together with the Service Agreement, are collectively referred to as the "Agreement". In the event of any conflict between the terms set forth herein and those identified under any Service Agreement between the Company and a long Distance Customer, the terms and conditions set forth herein shall prevail.

1.0 Definitions

For purposes of this Agreement, the following terms shall be interpreted in accordance with the definitions set forth below.
UAThorized User means a person, firm, partnership corporation or other entity who is UAThorized by the Subscriber to be connected to the service of the Subscriber under the terms and conditions of this Agreement.
UAThorization Code means a pre-defined series of numbers to be dialed by the Customer or UAThorized User upon access to the Carrier's system to identify the caller and validate the caller's UAThorization to use the services provided.

Channel means a communications path between two or more points of termination.

Commission means the Federal Communications Commission (FCC).

Company means United American Corp, Inc. an/or its subsidiaries., unless otherwise clearly indicated by the context.

United American Corporation means United American Corp, Inc., unless otherwise clearly indicated by the context.

Customer means any person, firm, partnership, corporation, or other entity that uses telecommunications services under the provisions of this Agreement and is responsible for payment of charges. The Customer is also a Subscriber when the Customer orders services on behalf of him/herself.

Dedicated Access means a method of reaching the Company's services whereby the Customer is connected directly to the Company's Point of Presence (POP) without utilizing services of the local switched network. Services via dedicated access are offered only as specified in this Agreement and to the extent facilities are available, and where the Company and the Customer jointly arrange for the establishment of dedicated access facilities connecting the Customer's trunk-compatible PBX or other suitable equipment to the Company's POP. The Customer shall be responsible for all costs and charges associated with the dedicated access facilities.

End User means any person, firm, corporation, partnership or other entity which uses the services of the Carrier under the provisions and regulations of this Agreement. The End User is responsible for payment unless the charges for the services utilized are accepted and paid by another Customer.

Equal Access means the ability of the Carrier to serve End Users on a presubscribed basis rather than through the use of dial access codes.
Holidays means holidays observed by the Carrier as specified in this Agreement.

LATA means Local Access and Transport Area. A geographic area established by the US District Court for the District of Columbia in Civil Action No. 17-49, within which a local exchange company provides communications services.

Non-Verified Account Code means a Numeric code that the Customer uses to identify individual users or groups or users on an account in order to allocate the cost of service accordingly. These codes are not verified by the Company.

Personal Identification Number (PIN) has the same meaning as UAThorization Code.

Point of Presence or POP means the location of the Company's interexchange facilities.

Subscriber means the person, firm, customer, corporation or other entity that arranges for the Carrier to provide, discontinue or rearrange telecommunications services on behalf of itself or others under the provisions and terms of this Agreement. Also see Customer.

Switched Access is a method for reaching the Carrier through the local switched network whereby the End User uses standard business or residential local lines.

Telecommunications Device for the Deaf (TDD) is a machine that uses the transmission of coded signals instead of verbal communications to enable hearing impaired End Users to communicate with each other and with non-hearing impaired individuals.

United States includes the forty-eight contiguous states, Alaska, Hawaii, Puerto Rico and the US Virgin Islands.

Verified Account Code(s) are Numeric codes which are made available to a Customer to enable the Customer to identify individual users or groups or users on an account in order to allocate the cost of service accordingly. Codes are verified by the Company against a pre-defined list maintained by the Company.

Wire Center means a physical location in which one or more central offices, used for the provision of exchange services, are located.

2.0 Undertaking of the Company

The Company's services and facilities are furnished to Customers for communications originating within the United States under the terms of this Agreement. The Company's services and facilities are available twenty-four (24) hours per day, seven (7) days per week.

The Company arranges for installation, operation, and maintenance of the communications services provided in this Agreement for Customers in accordance with the terms and conditions set forth hereunder.

3.0 Limitations

Service is offered subject to the availability of the necessary facilities and equipment, and is subject to the provisions of this Agreement. The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this Agreement or the law.
The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. The Company reserves the right to discontinue service, limit service, or to impose requirements on Customers or Subscribers as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of providing service, as determined by the Company in its reasonable judgment.

4.0 Use

Services provided under this Agreement may be used for any lawful purpose for which the service is technically suited, subject to the terms of this Agreement.

5.0 Liabilities of the Company

The Company's liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in transmission which occur in the course of furnishing service or facilities, in no event shall exceed an amount equivalent to the proportionate charge for the period during which the faults in transmission occur.

The Company shall not be liable for claim or loss, expense or damage (including indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any service, facility or transmission provided under this Agreement, if caused by any person or entity other than the Company, by any malfunction of any service or facility provided by any other carrier, by an act of God, fire, war, civil disturbance, or act of government, or by any other cause beyond the Company's direct control.

The Company shall not be liable for, and shall be fully indemnified and held harmless by the Customer for and against any claim or loss, expense, or damage (including indirect, special or consequential damage) for defamation, libel, slander, invasion, infringement of copyright or patent, unUAThorized use of any trademark, tradename or service mark, unfair competition, interference with or misappropriation or violation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, information, or other content revealed to, transmitted, or used by the Company under this Agreement; or for any act or omission of the Customer; or for any personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of equipment or wiring provided by the Company, if not directly caused by negligence of the Company.

In no event shall the company be liable for any incidental, indirect, special or consequential damages (including, but not limited to, lost revenue or profits) of any kind whatsoever regrdless of the cause or foreseeability thereof. When the services or facilities of other common carriers are used separately or in conjunction with the Company's facilities or equipment, the Company shall not be liable for any act or omission of such other common carriers, or their agents, servants or employees.

The Company shall not be liable for interruptions, delays, errors, or defects in transmission, or for any injury whatsoever, caused by the Customer, or the Customer's agents, servants, employees or Customers, or by facilities or equipment provided by the Customer.
The Company shall not be liable for any defacement of or damages to the premises of a Customer or Subscriber resulting from the furnishing of service which is not the direct result of the Company's negligence.
The Company shall not be liable for any claim, loss or refund as a result of loss or theft of Personal Identification Numbers issued for use with the Company's services. With respect to any other claim or suit, by the Customer or by any others, for damages associated with the installation, provision, termination, maintenance, repair or restoration of long distance service the Company's liability, if any, shall not exceed an amount equal to the initial period charge provided for under this Agreement for the call for the period during which the call was affected.

6.0 Use of Recording Devices

Customers and UAThorized Users who use recording devices do so at their own risk. A Customer or UAThorized User may only use a recording device if the Customer or UAThorized User complies with the requirements of this section and only if the Customer or UAThorized User is able to connect or disconnect the recording device, or turn the recording device on or off, at will. A Customer or UAThorized User may record a conversation if the Customer or UAThorized User obtains written or verbal consent to the recording of all parties to the conversation prior to or at the beginning of the conversation. A distinctive recorder tone must be repeated at intervals of approximately fifteen (15) seconds to alert all parties to the conversion that a recording device is being used.

7.0 Taxes and Fees

All federal, state and local taxes (i.e., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items on the Customer's bill and are not included in the quoted rates and charges set forth in this Agreement or cost proposal provided by the Company.
To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, insofar as practicable and allowed by law, be billed pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government.

The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governmental or quasi-governmental UAThorities to collect from or pay to others in support of statutory or regulatory programs. Examples of such programs include, but are not limited to, the Universal Service Fund (USF), the Presubscribed Interexchange Carrier Charge (PICC), and compensation to pay telephone service providers for the use of their pay telephones to access the Company's service.

a) Public Pay Telephone Surcharge
In order to recover the Company's expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all interstate, intrastate and international calls that originate from any domestic pay telephone used to access the Company's services. The Public Pay Telephone Surcharge, which is in addition to standard Agreemented usage charges and any applicable service charges and surcharges associated with the Company's service, applies for the use of the instrument used to access the Company service and is unrelated to the Company's service accessed from the pay telephone.
Pay telephones include coin-operated and coinless phones owned by local telephone companies, independent companies and other interexchange carriers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (i.e., using the "#" symbol). Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be billed on a subsequent invoice after the Company has obtained information from a carrier that the originating station is an eligible pay telephone.
The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call.

b) Universal Service Fund Fee (USF)
In connection with the FCC's Universal Service Orders, the Company will pay a percentage of its retail revenues to support the Universal Service Fund ("USF"). The Company will pass-through the USF assessment to its Customers by assessing a surcharge equal to the most recent USF contribution factor(s) established by the the Universal Service Administrative Company ("USAC").
The USF Fee will not be applied to services sold by the Company to a Customer for resale for which the Customer has filed a Universal Service Worksheet, unless the Customer has a de minimis exemption which exempts the Customer from paying directly into the fund. These percentages will be subjected to periodic adjustments.

c) Presubscribed Interexchange Carrier Charge (PICC)
Consistent with the FCC's Access Reform Orders, the Presubscribed Interexchange Carrier Charge (PICC) is a per line monthly charge applicable to all lines that are presubscribed to the Company or the Company's underlying carrier(s). For any telephone line, UATomatic number identification (ANI), terminal, extension, or equivalent for which the Company is designated by the Local Exchange Carrier, cellular service provider, personal communications service provider, or other similar entity to be a Customer's Primary Interexchange Carrier (PIC), the Company will assess the Customer a monthly recurring charge, called a Presubscribed Interexchange Carrier Charge (PICC), for each line or equivalent, that the Company is so designated. The aggregate of these PICCs will not be prorated for a partial month of service, are not subject to any discounting and do not contribute to any monthly minimums.

8.0 Payment for Service

The Customer is responsible for payment of all charges for the use of services and equipment furnished to the Customer or to an UAThorized User of the Customer by the Compnay. This includes payment for calls or services originated at the Customer's number(s); placed using a Travel Card as a form of payment regardless of the originating location of the call.

All charges due by the Customer are payable to the Company or to the Company's UAThorized billing agent (such as a local exchange telephone company). Any objections to billed charges must be reported to the Company or its billing agent within thirty (30) days after receipt of bill. Adjustments to Customer's bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate.

All applicable taxes will be billed to the Customer unless the Customer can demonstrate to the Company's satisfaction that the Customer is collecting the applicable taxes from its customers.

In the event that the Company incurs fees or expenses, including attorney's fees, collecting, or attempting to collect, any charges owned to the Company, the Company may charge the Customer all such fees and expenses reasonably incurred, including a late fee on the unpaid charges.

9.0 Return Check Charge

The Company reserves the right to assess a return check charge of up to $25.00, or the highest rate permitted by law, whenever a check or draft presented for payment of service is not accepted by the institution on which it is written. This charge applies each time a check is returned to the Company by a bank for insufficient funds.

10.0 Deposits

Each applicant for service will be required to establish credit. Any applicant whose credit has not been established to the sole and exclusive satisfaction of the Company may be required to make a deposit to be held as a guarantee of payment of charges. An existing Customer may be required to make a deposit or increase a deposit presently held. The deposit may be held for as long as the financial condition or credit worthiness of the Customer is considered to be unsatisfactory to the Company.

The fact that a deposit has been made in no way relieves the Customer from the prompt payment of bills upon presentation.

11.0 Advance Payments

The Company reserves the right to require an advance payment from a Customer instead of, or in addition to, a deposit. The advance payment shall be in an amount equal to or less than two months estimated billing.

12.0 Interconnection with Other Carriers

Service furnished by the Company may be connected with the services or facilities of other carriers. Such service or facilities, if used, are provided under the terms, rates and conditions of the other carrier. The Customer is responsible for all charges billed by other carriers for use in connection with the Company's service. Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer.

13.0 Refusal or Discontinuance of Service by Company

The Company may refuse or discontinue service without incurring any liability for non-compliance with and/or violation of any Federal, State or Municipal law, ordinance or regulation pertaining to telephone service. Service may also be discontinued or refused for the following conditions:

• For neglect or refusal to provide reasonable access to the Company for the purpose of inspection and maintenance of equipment owned by the Company.
• For non-compliance with and/or violation of the Commission's regulations or the Company's rules and regulations.
• For non-payment of bills for telephone service thirty (30) days after bill rendering. Customer will be given written notice at least one (1) week in advance of disconnection.
• Without notice in the event of Customer use of equipment in such a manner as to adversely affect the Company's equipment or the Company's service to others.
• Without notice in the event of tampering with the equipment furnished and owned by the Company.
• Without notice in the event of unUAThorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the Company may, before restoring service, require the Customer to make, at his or her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use. When necessary for the Company to comply with any order or request of any governmental UAThority having jurisdiction. Travel Card numbers and UAThorization Codes are issued only by the Company to its Customers and my not be sold or otherwise distributed without the written consent of the Company. Any unUAThorized or unlawful use of such numbers or UAThorization codes will result in the immediate termination of the service without notice. The Company may block access to overseas points when fraudulent or unlawful use is substantial.
• Without notice should the Company be prohibited from furnishing service by order of any court or other government UAThority of applicable jurisdiction.
• Without notice in the event of fraudulent or suspected fraudulent use of the Company's services or facilities.

14.0 Inspection, Testing and Adjustment

Upon reasonable notice, the services provided by the Company shall be made available to the Company for tests and adjustments as may be deemed necessary by the Company for maintenance. No interruption allowance will be granted for the time during which such tests and adjustments are made when the interruption is less than twenty-four (24) consecutive hours.

15.0 Interruption of Service

Credit allowances for interruptions of service which are not due to the Company's testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment or communications systems provided by the Customer, are subject to the general liability provisions set forth in Section 2.5 herein. It shall be the obligation of the Customer to notify the Company immediately of any interruption in service for which a credit allowance is desired by Customer. Before giving such notice, the Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any, furnished by Customer and connected to Company's terminal. Interruptions caused by Customer-provided or Company provided UATomatic dialing equipment are not deemed an interruption of service as defined in this Agreement.

16.0 Other Rules

The Company may temporarily suspend service without notice to the Customer, by blocking traffic to certain cities or NNX exchanges, or by blocking calls using certain Personal Identification Numbers when the company deems it necessary to take such action to prevent unlawful use of its service. The Company will restore service as soon as service can be provided without undue risk.