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  • INTERSTATE AND INTERNATIONAL SERVICE GUIDE

    Page 1 of 157

    A word about this Service Guide: A "tariff" is a legal document that a company files with a regulatory agency describing the rates, terms, and conditions of the services it provides. In the past, companies that provided interstate (state-to-state) and international long distance service had to file these tariffs with the Federal Communications Commission (FCC), the regulatory agency that oversees the telephone industry. The FCC has mandated that long distance carriers may no longer file their rates and conditions for interstate (as of July 31, 2001) and international (as of January 28, 2002) services with the FCC. This is known as “detariffing.” The FCC has also ordered that these rates and conditions of service offerings be made available to the public via the Internet. Therefore, the current rates and conditions of your long distance service services are published online within this Service Guide.

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    TABLE OF CONTENTS

    “A WORD ABOUT THIS SERVICE GUIDE” ........................................................................................... 1 TABLE OF CONTENTS ............................................................................................................................. 2 SECTION 1 - INTRODUCTION AND GENERAL TERMS ..................................................................... 3

    SECTION 2 - TECHNICAL TERMS AND ABBREVIATIONS ................................................................ 8

    SECTION 3 – RULES AND REGULATIONS ......................................................................................... 10 SECTION 4 – DESCRIPTION OF SERVICES ......................................................................................... 27 SECTION 5 – CALLING CARD SERVICES & RATES .......................................................................... 29 SECTION 6 – TOLL FREE ACCESS SERVICE - 800/888/877/866 NUMBERS ................................... 37 SECTION 7 – INTERSTATE SERVICE & RATES ................................................................................. 39 SECTION 8 – INTERNATIONAL SERVICE & RATES ......................................................................... 40 SECTION 9 – MOST FAVORED NATION (MFN) ................................................................................. 80 SECTION 10 – CELLULAR PHONE CALLING CARD PLATFORM ACCESS .................................. 84 SECTION 11 – TELECOMPETITIVE AND PROMOTIONAL SERVICE OFFERINGS ...................... 90 SECTION 12 – MISCELLANEOUS FEES & CHARGES ..................................................................... 110

  • INTERSTATE AND INTERNATIONAL SERVICE GUIDE

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    SECTION 1

    INTRODUCTION AND GENERAL TERMS This Service Guide became effective August 1, 2001, and was last revised August 7, 2012. The rates, terms and conditions in this tariff cannot be changed nor modified in any manner unless such change or modification is posted on this site. We have the right to make changes or modifications in our discretion and without prior notice. No change will be effective sooner than 24 hours prior to such change being posted at this site. Once a change is made, including rate changes, each customer affected by that change is subject to the changed rates, terms or conditions. In addition, your continued use of our Company's services, your order of new service, any order for a change or addition of service, or the payment of any invoice for services rendered signifies your constructive, if not actual, notice and your acceptance of the rates, terms and conditions affecting your new, changed or additional service that are in effect at the time you use the services. Constructive notice means that you are charged with being aware of the rates, terms and conditions even if you have not actually seen the rate, term or condition governing your service. Our reliance on constructive notice is based on established legal rulings and public policy considerations, primarily, the law and policy that no customer may be treated differently than any other customer in regard to the rates, terms or conditions governing the same service. 1.1 Validity of Terms

    In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, which shall remain valid and enforceable.

    1.2 Restrictions on Use of Site

    Company hereby authorizes you to copy the materials published on this Site (the "Materials") exclusively for non-commercial use by you personally or within your organization. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.

    1.3 Property Rights

    The products, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by company or other third parties. Nothing contained herein shall be construed as conferring on you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of company or any third party.

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    SECTION 1

    INTRODUCTION AND GENERAL TERMS (Cont’d) 1.4 General Disclaimer

    The Materials have been compiled by company from internal and external sources. However, while company has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from this Site before you take any action upon it. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. WE ARE NOT LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDINGANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF WE AND/OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. No advice or information, whether oral or written, obtained by you from us shall create any warranty expressly made herein. We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We have no liability whatsoever for the resulting unavailability of the Web site or for any loss or transactions caused by planned or unplanned system outages or the resulting delay, misdelivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external to the Site.

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    SECTION 1

    INTRODUCTION AND GENERAL TERMS (Cont’d) 1.5 Links to Third Party Web Sites: Framing

    This Site may provide links or references to other sites, including sites provided by the United States government. We have no responsibility for the content of these other sites, do not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. We do not endorse companies or products to which we have provided links. Any links to other sites are provided merely as a convenience to you as a user of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. We reserve the right to terminate any link or linking program at any time. You acknowledge that this Site may link to other Web sites not controlled by us and that we are not responsible for the data collection policies of these sites. You are advised to consult the terms of use, acceptable use policies, or other agreements of each Web site you visit. There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. We do not make any representations or give any warranties with respect to any information contained in or at these other sites and we are not liable for any damages or injury arising from the content of these other sites. We do not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by us, you agree not to: (a) provide or create a link to this Site; and (b) not to create any frames at any other Web sites pertaining to any of the Materials located at this Site.

    1.6 Revisions and Errors

    The Materials published on this Site may include technical inaccuracies or typographical errors. Changes -- including, but not limited to, quoted prices -- may be made periodically to the Materials. We may also make improvements and/or changes in the products and services and/or the programs described in the Materials at any time without notice. We have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

    1.7 Disclosure: Forward-Looking Statements

    Some of the Materials may contain projections or other forward-looking statements regarding future events or our future financial or technical performance. We wish to caution you that these statements are only predictions and actual events or results may differ materially. Although such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided "as is" without warranty of any kind. We make no representations and disclaim all express, implied, and statutory warranties of any kind to you and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. We assume no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on this Site. We are not liable for any errors or delays in the delivery of such information provided through this Site or for any actions taken in reliance thereon.

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    SECTION 1

    INTRODUCTION AND GENERAL TERMS (Cont’d) 1.8 Your Communications With Us

    Subject to the parameters and restrictions set forth in our Online Privacy Policy, we are under no obligation to refrain from reproducing, publishing, or otherwise using communications you send to or receive from this Site or otherwise send to or receive from us by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby give us your consent to use your personal data consistent with our Online Privacy Policy.

    1.9 Products and Services Availability

    We may provide access to international information, which information may contain references or cross references to products, programs, and services that are not currently available in your country. Our provision of references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs, and services announced or discussed are available in countries other than the United States. Also, we are a service provider operating in some, but not all, markets within the U.S. Therefore, we may provide access to information that may contain references or cross references to products, programs, and services that are not announced or available in all U.S. markets. Our provision of references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs, and services announced or discussed are available in all United States markets or all markets where we conduct business.

    1.10 Governing Law and Jurisdiction: Compliance With Laws

    These Terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of Nevada. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in Las Vegas, Nevada, U.S.A. You and we agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

    All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All our products and publications are commercial in nature. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

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    SECTION 1

    INTRODUCTION AND GENERAL TERMS (Cont’d) 1.11 Waiver

    No delay or omission by us to exercise any right occurring upon any noncompliance on your part with respect to any of the Terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

    1.12 Trademark Information

    Any product, service or name that are trademarks, service marks or constitute other of our proprietary rights may be used publicly only with our prior permission.

    1.13 Application of Tariff

    This tariff contains our regulations and rates applicable to the furnishing of our Resale Interstate and International Switched Voice Service between its customers and domestic or overseas points as listed herein. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like limitations. Calls to a foreign country or area, or calls routed through a foreign country or area, are subject to such restrictions as may be enforced from time to time by the authorities in that country or area.

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    SECTION 2

    TECHNICAL TERMS AND ABBREVIATIONS Bill Second - One-sixtieth of a minute. Calling Card - Cards issued by the Company at a Customer’s request for the purpose of making long distance calls the charges for which are accrued and billed on the Customer’s next invoice. Caribbean Countries - Anguilla, Ascension Island, Antigua, Bahamas, Barbados, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica, St. Kitts, Nevis, Montserrat, St. Lucia, Turks/Caicos, Trinidad/Tobago, St. Vincent. Company - Whenever used in this tariff, "Company” refers to the entity providing telecommunications services under this tariff. Commission - Federal Communications Commission (FCC). Customer - Any person, firm, partnership, corporation, or other entity responsible for payment for telecommunications services and for complying with the terms and conditions of this tariff. Equal Access - Local access connections permitting 1+ dialing. Gross Receipts – Customer’s total charges billed per invoice, including all long distance charges, miscellaneous charges, fees, assessments, taxes and any other charge in connection with the services rendered and for which Customer is invoiced and for whose payment Customer is responsible. Minimum Period - The minimum period of time for which charges are incurred or to which billing time is rounded. Switched Access - The method for accessing the Carrier’s network by using the local exchange telephone switched network. Toll Free Access Service (TFAS) - Service accessed by dialing the prefixes "800," "888," "887," “866” or any similar prefix for toll free access long distance services.

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    SECTION 2

    TECHNICAL TERMS AND ABBREVIATIONS (Cont’d) Abbreviations - Abbreviations used in this tariff are as follows: 1-3 RS 1-3 Years Rate Stability Plan ACS Advantage Card Service AIC Annual Invoice Credit AMC Account Management Charge ATP All Time Periods COC Cross Over Credit COCC Cross Over Century Card CRCP Customer Referral Credit Program CRSO Customer Retention Service Offering

    DI Dedicated Inbound DO Dedicated Outbound DS Distance Sensitive FG Feature Group Charge FIS-1 Free invoices – Series # 1 LOA Letter of Agency NDS Non-distance Sensitive PIC Primary Interexchange Carrier POP Peak/Off-Peak PICC Primary Interexchange Carrier Charge QMMA Qualified Minimum Monthly Advantage RCP Rate Cap Program S/D/E Standard/Discount/Economy SI Switched Inbound SO Switched Outbound TFAS Toll Free Access Service

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    SECTION 3

    RULES AND REGULATIONS 3.1 Undertaking of Company

    The Company's services are furnished twenty-four hours a day, seven days a week to make long distance calls that originate in the Continental United States. Upon reasonable request, Company will arrange for installation, operation, and maintenance of the communications services it provides. Additional charges may apply. The Company installs, operates, and maintains the communications services provided hereinunder in accordance with the terms and conditions set forth under this tariff. The Company may act as the customer's agent for ordering access connection facilities provided by other carriers or entities, when authorized by the Customer, to allow connection of a customer's location to the Company's network. The customer shall be responsible for all charges due for such service arrangement. The Company's services are provided on a monthly basis unless otherwise provided, and are available twenty-four hours per day, seven days per week.

    3.2 Limitations

    3.2.1 Service is offered subject to the availability of the necessary facilities and equipment, or

    both facilities and equipment, and subject to the provisions of this tariff.

    3.2.2 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 tariff, or in violation of the law.

    3.2.3 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.

    3.2.4 All facilities provided under this tariff are directly controlled by the Company and the

    customer may not transfer or assign the use of service or facilities without the express written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of the service or facilities.

    3.2.5 Prior written permission from the Company is required before any assignment or transfer.

    All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions of service.

    3.3 Use

    Services provided under this tariff may be used for any lawful purpose for which the service is technically suited.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.4 Liabilities of the Company

    3.4.1 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 to the customer for the period during which the faults in transmission occur.

    3.4.2 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 tariff, 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.

    3.4.3 The Company shall not be liable for, and shall be fully indemnified and held harmless by

    Customer against any claim or loss, expense, or damage (including indirect, special or consequential damage) for defamation, libel, slander, invasion, infringement of copy-right or patent, unauthorized 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 tariff; 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.

    3.4.4 The Company shall not be liable for any defacement of or damages to the premises of a

    Customer resulting from the furnishing of service which is not the direct result of the Company's negligence.

    3.4.5 When the facilities of other carriers are used in establishing connections, the Company is

    not liable for any act or omission of the other carrier or carriers.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.4 Liabilities of the Company (Cont’d)

    3.4.6 In connection with furnishing toll free access services (the 1+800 type of service), the

    Company acts as an administrator of those numbers and service (called a “Responsible Organization”) or where your toll free access service (TFAS) is not available on the date we committed to, or we cannot otherwise make such service available after we have accepted your order, or we must provide you a number or numbers other than the one(s) you requested and we committed to provide you, or your number or numbers are not included in the TFAS Directory Assistance or are included in an incorrect form, or the Vertical Features available with such services are not obtained or obtained in error, if any of such failure or failures listed above are due solely to our own negligence our liability, if any, is limited to the lesser of (a) the actual monetary damages incurred and proved by you to be the direct result of such failure or failures, or (b) the sum of $1,000.00. We are not liable at all for (a) circumstances surrounding any FCC actions limiting the availability of 800/888/887 or similar numbers, or (b) the use, misuse, or abuse of your TFAS by third parties, including, without limitation, your employees or members of the public who dial your TFAS number by mistake. Recovery for any injury you may suffer due to the fault of others must be sought from those other parties. In the event we do mis-route a call, our sole liability shall be to provide you a credit equal to the charges for the affected call.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.5 Deposits

    You are required to establish credit. If you have not or do not establish credit to our satisfaction, we will require a deposit as a guarantee of your payment of our charges. If you are an existing customer you may still be required to make a deposit or increase a deposit we presently hold. Your deposit will be held for as long as your financial condition or credit worthiness so warrants as determined by us. The fact that a deposit has been made in no way relieves you from the prompt payment of our bills upon presentation.

    3.6 Advance Payments For customers whom the Company feels an advance payment is necessary, the Company reserves the right to collect an amount not to exceed one (1) month's estimated charges as an advance payment for service. This will be applied against the next month's charges and a new advance payment may be collected for the next month.

    3.7 Taxes, Surcharges and Utility Fees All state and local taxes (i.e., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items and are not included in the quoted rates.

    3.8 Terminal Equipment

    The Company's facilities and service may be used with or terminated in customer-provided terminal equipment or customer-provided communications systems, such as a PBX or key system. Such terminal equipment shall be furnished and maintained at the expense of the customer, except as otherwise provided. The customer is responsible for all costs at his or her premises, including personnel, wiring, electrical power, and the like, incurred in the use of the Company's service. When such terminal equipment is used, the equipment shall comply with the generally accepted minimum protective criteria standards of the telecommunications industry as endorsed by the Federal Communications Commission.

    3.9 Customer Overpayments

    A customer overpayment is defined as payment by the customer in excess of the correct charges which was caused by erroneous billing by the Carrier. The customer shall be credited for the overpayment.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.10 Payment for Service

    Service is provided and billing is on a monthly basis. Service continues to be provided until thirty days after our receipt of a written request from you for the disconnection of service, unless other restrictions apply. In addition to charges for our service, you must pay any applicable federal, state or local use, excise, sales, or privileges taxes, and/or assessments or fees resulting from the services furnished by us. Such taxes, assessments or fees shall not be counted toward the attainment of any volume or revenue commitment and will not be discounted. You are responsible for payment of all charges for services furnished by us. This includes payment for calls or services (a) originated at you telephone number(s) whether authorized or not; (b) accepted at your number(s) (e.g., 800 service calls, collect calls); (c) billed to the your number(s) via Third Number Billing, the use of a Calling Card, or the use of an Authorization Code, Calling Card Number, or other special billing number we assigned at your request; and/or (d) incurred at your or your representative’s specific request. As a customer of our TFAS, you are responsible for payment for all calls placed to or via your TFAS number(s). This responsibility is not changed by virtue of any use, misuse, or abuse of your service or customer-provided systems, equipment, facilities or services interconnected to your TFAS, which use, misuse or abuse may be occasioned by third parties, including without limitation, your employees and members of the public who dial your TFAS number(s) by mistake. If notice of a dispute as to your charges is not received, in writing, within thirty (30) days after an invoice is rendered, that invoice shall be deemed correct and is binding upon you. If you have a legitimate dispute, you are nonetheless required to pay the undisputed portion of your bill in its entirety. If your account is not paid within thirty-three (33) days from the date we post your charges to your invoice, all applicable charges for the immediately preceding billing period (the “current invoice”) are delinquent. Current invoices are mailed, e-mailed or otherwise sent to you on or by the same date all charges are finally posted for the immediately preceding billing period. Delinquent payments may result in the imposition of a late fee at the rate of one and one-half percent (1.5%) of the unpaid balance per month or the maximum allowable under applicable state law (with the exception of Florida and Georgia, where the rate is at 1.2%). If you accumulate more than $100.00 of undisputed delinquent TFAS Service charges, we will not honor your request to change you service to the administration to another Responsible Organization until such undisputed charges are paid in full.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.11 Collection Procedures and Obligations

    In the event we must incur fees or expenses, including attorney's fees, to collect, or attempt to collect, any charges owed by you, including charges alleged to have resulted from fraud or abuse of your services, you are fully liable for all such fees and expenses, including our reasonable attorney's fees, incurred to collect or to attempt to collect our charges and are further subject to the following legal requirements. You must pay all charges due and owing irrespective of any claims of loss, liability, set off, damages, or other claims against us to which you may claim to be entitled. Your duty to pay such charges shall arise upon our demand for payment and you may not delay or defer payment because of the commencement of any legal or equitable action by you or by us in connection with such charges incurred under this tariff. You further agree that all actions, suits or proceedings to recover charges due under this tariff shall, at our discretion, be prosecuted in the state or federal courts in the state in which we maintain our principal offices. You consent to and submit to the exercise of jurisdiction over the subject matter, waive personal service of any and all process upon you, and consent that all such service of process be made by registered mail directed to your address as known by us. Service so made shall be deemed to be completed five business days after such process shall have been deposited in the mail, postage prepaid. You also waive trial by jury, any objection based on forum non conveniens, any objection to venue or jurisdiction of any action instituted hereunder, and consent to the granting of such legal or equitable relief as deemed appropriate by the Court. In the event we do incur fees or expenses, including attorney's fees, in collecting, or attempting to collect, any charges owed by you, we will charge you all such fees and expenses reasonably incurred, including the late payment fee on the unpaid charges accruing at a rate of one-and-one half percent (1.5%) per month. Late payment fees on unpaid charges shall begin to accrue thirty-three (33) days from the date we post to your invoice all your applicable charges for the immediately preceding billing period (the “current invoice”). Current invoices are mailed e-mailed, or otherwise sent to you on or by the same date all charges are finally posted for the immediately preceding billing period. Late payment fees are separate and distinct from attorney's fees and other costs incurred in collecting charges owed to us. We shall assess a charge of $25.00 whenever a check or draft presented for payment of service is not accepted by the institution on which it is written.

    3.12 Cancellation by Customer No charge applies if you cancel an application for service prior to our start of installation or special construction. When you cancel an application for service after the start of installation or special construction, you must pay a cancellation fee which is the lesser of 1) the costs incurred by us or 2) the charge for the minimum period of the service ordered, plus applicable installation charges. You may cancel service by providing 30 days written notice to us. You are responsible for payment of all charges incurred up to the cancellation date and any past due amounts remaining on your bill.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.13 Marketing of Telecommunications Services

    We use telemarketing, direct mail campaigns, independent agents, or any combination thereof, in the marketing of our services. Each of our agents, telemarketers and all marketing personnel are instructed as to the application of our tariff and that its express terms, conditions and rates are the exclusive authority governing your rights to receive our services. We expressly disclaim any liability for any of our agent's, telemarketer's or marketing personnel's actions, inaction’s, representations, promises, and/or statements which in any material way conflict with, or are in contravention of, the provisions of this tariff. You are charged with constructive notice of the terms, conditions and rates governing our services made available pursuant to this tariff. You are cautioned to contact us immediately to confirm and/or clarify the exact terms, conditions or rates for service should any question arise with respect to said terms, conditions or rates for service, whether or not such question arises from the actions, inaction’s, representations, promises, and/or statements of any of our agents, telemarketers, marketing personnel or otherwise. No agent, telemarketer or marketing personnel may change, alter, revise, move or terminate your rate or service without the express written consent of both of us.

    We adhere to the rules of the FCC regarding the procedures to verify your service orders to change your Primary Interexchange Carrier (PIC). In the event of a dispute about your having selected us as your PIC, the following rules apply: You must pay us all charges incurred for usage of our services up to the time your service is

    changed to another PIC of your choosing. Credits for PIC change charges shall apply in accordance with Rule 64.1100 of the FCC's

    Rules.

    No credit shall be given for any differences in our charges and your previous PIC unless it is reasonably demonstrated that we knew or should have known, prior to the change having been ordered, that your authorization had not been verified by one or more of the procedures set forth in Rule 64.1100 of the FCC Rules.

    3.14 Interconnection with Other Carriers

    Service furnished by the Company may be connected with the services or facilities of other carriers. Such service or facilities 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.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.15 Refusal or Discontinuance by Company

    The Company may refuse or discontinue service under the following conditions provided that, unless otherwise stated, the customer shall be given 15 days’ notice to comply with any rule or remedy any deficiency: 3.15.1 For non-compliance with or violation of any State, municipal, or Federal law, ordinance

    or regulation pertaining to telephone service. 3.15.2 For use of telephone service for any other property or purpose than that described in the

    application. 3.15.3 For neglect or refusal to provide reasonable access to the Company or its agents for the

    purpose of inspection and maintenance of equipment owned by the Company or its agents.

    3.15.4 For noncompliance with or violation of Commission regulation or the Company's rules

    and regulations on file with the Commission, provided five (5) days' written notice is given before termination.

    3.15.5 For nonpayment of bills, provided that suspension or termination of service shall not be

    made without five (5) days written notice to the customer, except in extreme cases. 3.15.6 Without notice in the event of customer or Authorized User use of equipment in such a

    manner as to adversely affect the Company's equipment or service to others. 3.15.7 Without notice in the event of tampering with the equipment or services owned by the

    Company or its agents. 3.15.8 Without notice in the event of unauthorized 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.

    3.15.9 Without notice by reason of any order or decision of a court or other government

    authority having jurisdiction which prohibits the Company from furnishing such services. 3.15.10 For extended periods of inactivity.

    3.15.11 The Company will disconnect the Customers without notice for any unauthorized or unlawful use

    of calling card numbers and/or Authorization Codes issued by us or in the event you sell, attempt to sell or otherwise distribute calling cards and/or Authorization Codes or attempt to do so without our prior written consent.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.16 Interruption of Service

    3.16.1 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 2.4 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, 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 the Company's terminal. Interruptions caused by customer-provided or Company-provided automatic dialing equipment are not deemed an interruption of service as defined herein since the customer has the option of using the long distance network via local exchange company access.

    3.16.2 No credit is allowed in the event service must be interrupted in order to provide routine

    service quality or related investigations.

    3.16.3 Credit for failure of service shall be allowed only when such failure is caused by or occurs due to causes within the control of Company or in the event Company is entitled to a credit for the failure of the facilities of Company's Underlying Carrier used to furnish customer's service.

    3.16.4 No credit shall be allowed:

    A. For failure of services or facilities of customer; or

    B. For failure of services or equipment caused by the negligence or willful acts of

    customer.

    3.16.5 Credit for an interruption shall commence after customer notifies Company of the interruption or when Company becomes aware thereof, and ceases when service has been restored.

    3.16.6 Credits are applicable only to that portion of service interrupted.

    3.16.7 For purposes of credit computation, every month shall be considered to have 720 hours.

    3.16.8 No credit shall be allowed for an interruption of a continuous duration of less than two

    hours. 3.16.9 The customer shall be credited for an interruption of two hours or more at the rate of

    1/720th of any monthly charge for the service affected for each hour or major fraction thereof that the interruption continues. Calculations of the credit shall be made in accordance with the following formula.

    Credit Formula:

    Credit = A x B

    720 "A" = outage time in hours "B" = total monthly charge for affected facility

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.17 Inspection, Testing and Adjustment

    Upon reasonable notice, the facilities 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.

    3.18 Tests, Pilots, Promotional Campaigns and Contests

    The Company may conduct special tests or pilot programs and promotions at its discretion to demonstrate the ease of use, quality of service and to promote the sale of its services. The Company may also waive specified fees for winners of contests and other occasional promotional events sponsored or endorsed by the Company.

    3.19 Special Pricing Arrangements

    Customized service packages at negotiated rates may be furnished on a case-by-case basis in response to requests by customers or potential customers of the Company for proposals or for competitive bids. Service offered under this tariff provision will be provided to customers pursuant to contract. Unless otherwise specified, the regulations for such arrangements are in addition to the applicable regulations and prices in other sections of the tariff. Specialized rates or charges will be made available to similarly situated customers on a non-discriminatory basis.

    3.20 General Customer Eligibility Requirements

    Company offers service to all persons and/or entities which meet the following general eligibility requirements. Additional eligibility requirements may apply for specific services and will be described and prescribed in the sections of this tariff applicable to each service offering based on specific eligibility requirements in addition to those following.

    3.20.1 Non-Payment of Charges

    At any time within the two years prior to ordering service from Company, customer may not have had its account with another telecommunications service provider canceled for non-payment of charges.

    3.20.2 Timely Payment of Charges

    At any time within the twelve (12) months prior to ordering service from Company, customer may not have had any history of late payment charges for services provided by another telecommunications service provider.

    3.20.3 No History of Delinquencies

    Presently, or at any time during a previous service period with Company or any commonly-owned telecommunication service provider, Customer may not have had or have any delinquencies in payment of applicable charges.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d)

    3.20 General Customer Eligibility Requirements (Cont’d) 3.20.4 Creditworthiness

    Prior to and at all times during service terms, customer must have and maintain credit worthiness determined to be satisfactory to Company in its sole and absolute discretion.

    3.21 Service Cancellation, Discontinuance and Termination

    Subject to and to be construed consistent with section 3.2.2, preceding, and under applicable circumstances as set forth following, Company’s services may be canceled, temporarily or permanently discontinued or terminated without liability of any kind to customer or any third party. Company’s right to cancel, discontinue and/or terminate a service or services applies equally to and/or may in Company’s discretion be limited to new orders for or modifications to existing service, new service orders, modifications of services yet to be commenced or other service circumstances.

    3.21.1 Cancellation

    A service or services are considered “canceled” when the Company determines not to provision service prior to commencement of that service.

    A. A specific service or any combination of multiple services may be canceled

    without prior notice of any kind, if Company determines the customer’s service profile does not meet the eligibility requirements applicable to the service or services under this tariff. Company will provide verbal or written notice of the cancellation within a reasonable time after Company determines cancellation is required.

    B. A specific service or any combination of multiple services may be canceled

    without prior notice of any kind, if Company determines that the customer has a history of late payments, payment delinquencies, a poor credit rating, or a history of disputed billings with Company or other telecommunications service providers. Company will provide verbal or written notice of the cancellation within a reasonable time after Company determines cancellation is required.

    C. A specific service or any combination of multiple services may be canceled

    without prior notice of any kind, if Company determines that the customer’s representative did not have the authority to order the service or services, fails to provide proof satisfactory to Company that such authority was delegated to the person claiming to represent the customer, or Company determines by any means that the person misrepresented his or her authority on behalf of customer. Company will provide verbal or written notice of the cancellation within a reasonable time after Company determines cancellation is required.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.21 Service Cancellation, Discontinuance and Termination (Cont’d) 3.21.2 Temporary Discontinuance

    A service or services are considered to be “temporarily discontinued” when Company determines to suspend service or services for a period of time during which the causes underlying the suspension of service are investigated to determine whether a service or services may be reinstituted consistent with this tariff and/or applicable law and/or regulation. Temporary discountenances may not exceed thirty days, unless good cause is shown. At the end of the applicable period of temporary discontinuance, e.g., 30 days, service must be reinstituted according to the original terms and conditions applicable to said service or services as set forth in this tariff.

    A. A specific service or any combination of multiple services may be temporarily

    discontinued if Company determines that circumstances exist which if shown to be true would cause the continuation of the service or services to violate any term or provision of this tariff, any applicable law or regulation, or result in unlawful, abusive, fraudulent, or harassing use or an invasion of another’s privacy. Company will provide reasonable advance notice, not to exceed ten calendar days, of any temporary discontinuance; provided that Company may institute a temporary discontinuance without prior notice when Company determines such action is necessary in the public interest, to avoid a possible violation of law, this tariff, or governing regulations or in any circumstance where the rights of a third party may be threatened with substantive harm or damage.

    B. A specific service or any combination of multiple services may be temporarily

    discontinued without prior notice if Company determines that a customer’s monthly usage exceeds or is projected in any of the next three succeeding billing cycles to exceed customer’s estimated usage provided prior to commencement of service by $500, and customer, having been notified of its unexpected level of usage, and requested to provide specific security for payment of charges, fails to confirm in writing customer’s acknowledgment and agreement to the tariffed charge applicable to customer’s service or services and provide Company, in Company’s sole discretion, subject to compliance with state law and regulation, with either a deposit or an advance payment as duly tariffed herein, in any case, such deposit or advance payment must be provided Company by wire transfer pursuant to banking instructions provided by Company.

    C. A specific service or any combination of multiple services may be temporarily discontinued without prior notice if Company determines that customer’s most recent payment was remitted without sufficient funds to cover the then outstanding charges and any arrearage, and customer, having been notified of its insufficient funds, fails to confirm in writing customer’s acknowledgment and agreement to the tariffed charges applicable to customer’s service or services and provide Company, in Company’s sole discretion, subject to compliance with state law and regulation, with either a deposit or an advance payment as duly tariffed herein.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.21 Service Cancellation, Discontinuance and Termination (Cont’d) 3.21.2 Temporary Discontinuance (Cont’d)

    D. A specific service or any combination of multiple services may be temporarily discontinued without prior notice if customer has not paid the charges for services rendered within thirty (30) days of invoice date and Company determines that customer has or will refuse to pay the invoiced tariffed charges other than for legitimate unresolved disputes about the charges. For purposes of this section, legitimate disputes over charges do not include:

    1. Disputes arising from Company’s billing and collection of government

    imposed surcharges, fees, assessments, taxes or other similar charges for which Company is not the originator;

    2. Disputes arising from Company’s bill presentation format; 3. Disputes arising from Company’s rate structure; 4. Disputes arising from any cause not related to miscalculations of charges

    for services rendered; disputes over the services themselves as to quality, reliability, or “as ordered” correctness; and/or

    5. Customer’s dispute of the correctness of Company’s determination to

    reject customer’s original “legitimate” dispute of Company’s charges. 3.21.3 Permanent Discontinuance

    A service or services are considered to be “permanently discontinued” when Company is unable to determine within the applicable period of temporary discontinuance that the service or services cannot be reinstituted according to the original terms and conditions applicable to said service or services as set forth in this tariff.

    A specific service or any combination of multiple services may be permanently discontinued if Company is unable to determine within the applicable period of temporary discontinuance as provided for in section 3.21.2.D, preceding, that the service or services may be reinstituted according to the original terms and conditions applicable to said service or services as set forth in this tariff; or the causes giving rise to the temporary discontinuance in the first instance have not been resolved permitting reinstitution of service on the terms and conditions applicable prior to temporary discontinuance of service. Company will provide prior written notice of permanent discontinuance within a reasonable time, not to exceed five (5) business days once Company determines permanent discontinuance is required.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.21 Service Cancellation, Discontinuance and Termination (Cont’d)

    3.21.4 Termination

    A service or services are considered “terminated” when Company ceases to provision the service or services for a customer or class of customers or determines that offering the service or services is no longer warranted because customer demand for the service or services has fallen below the level needed to maintain the service or services on a cost effective or operationally practical basis or both.

    A specific service or any combination of multiple services may be terminated if Company determines to cease provisioning the service or services for a customer or class of customers for cause. For purposes of this section, “cause” is defined as follows:

    A. The circumstances giving rise to Company’s determination to cancel, temporarily

    discontinue or permanently discontinue a service or any combination of multiple services are determined by Company to be immune to positive changes or improvement.

    B. The offering of the service or services is no longer warranted because customer

    demand for the service or services has fallen below the level needed to maintain the service or services on a cost effective or operationally practical basis or both.

    C. The offering of the service or services is no longer warranted because applicable

    laws, regulations, or government policy have separately or in combination made continued provisioning of the service or services technically and/or competitively infeasible, economically unviable, or operationally impracticable.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.21 Service Cancellation, Discontinuance and Termination (Cont’d)

    3.21.5 Service Term Commitments

    A. Termination Charges - Discontinuance Before Expiration. Should customer discontinue service before the expiration of any term commitment specified in this tariff, customer shall be liable for termination charges as specified in the term commitment.

    B. 90-Day Term Agreement – In consideration for the value of various promotional

    offerings granted to certain new customers, such customers may elect to be subject to a 90-Day Term Agreement. Should a customer under this term agreement terminate service with Company prior to completion of the term, that customer is subject to an early termination charge equal to the amount of estimated billing for such customer, applied on a pro-rata basis for the remainder of the term. The monthly estimated billing for a customer is determined by customer’s previous carrier’s invoice. The initiation date of the term is deemed the date of customer’s first call. The date of termination of service is deemed as the date Company’s Winback Department notes customer’s account as in “jeopardy.” The pro-rata early termination charge amount is determined by multiplying customer’s monthly estimated billing by three (3) (to determine the total term estimated billing), determining the percentage of the remaining days of the term after termination, as compared to the entire term, and applying the remaining term percentage to the total term estimated billing. Percentages are rounded up to the next whole number, and termination charges are rounded up to the next whole dollar. The early termination charge will be applied to customer’s next invoice after the date of termination. Customer’s 90-Day Term Agreement will automatically renew for subsequent additional 90-Day terms unless customers cancel their account within 30 days of completion of the current term.

    C. 6-Month Term Agreement – In consideration for the value of various

    promotional offerings granted to certain new customers, such customers may elect to be subject to a 6-Month Term Agreement. Should a customer under this term agreement terminate service with Company prior to completion of the term, that customer is subject to an early termination charge equal to the amount of estimated billing for such customer, applied on a pro-rata basis for the remainder of the term. The monthly estimated billing for a customer is determined by customer’s previous carrier’s invoice. The initiation date of the term is deemed the date of customer’s first call. The date of termination of service is deemed as the date Company’s Winback Department notes customer’s account as in “jeopardy.” The pro-rata early termination charge amount is determined by multiplying customer’s monthly estimated billing by six (6) (to determine the total term estimated billing), determining the percentage of the remaining days of the term after termination, as compared to the entire term, and applying the remaining term percentage to the total term estimated billing. Percentages are rounded up to the next whole number, and termination charges are rounded up to the next whole dollar. The early termination charge will be applied to customer’s next invoice after the date of termination. Customer’s 6-Month Term Agreement will automatically renew for subsequent additional 6-Month terms unless customers cancel their account within 30 days of completion of the current term.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.21 Service Cancellation, Discontinuance and Termination (Cont’d)

    3.21.5 Service Term Commitments (Cont’d)

    D. 1-Year Term Agreement – In consideration for a guarantee, granted to certain new customers, that a customer’s long distance Interstate and International usage rates will not increase during the Agreement term, such customers may elect to be subject to a 1-Year Term Agreement. Should a customer under this term agreement terminate service with Company prior to completion of the term, that customer is subject to an early termination charge equal to the amount of estimated billing for such customer, applied on a pro-rata basis for the remainder of the term. The monthly estimated billing for a customer is determined by customer’s previous carrier’s invoice. The initiation date of the term is deemed the date of customer’s first call. The date of termination of service is deemed as the date Company’s Winback Department notes customer’s account as in “jeopardy.” The pro-rata early termination charge amount is determined by multiplying customer’s monthly estimated billing by twelve (12) (to determine the total term estimated billing), determining the percentage of the remaining days of the term after termination, as compared to the entire term, and applying the remaining term percentage to the total term estimated billing. Percentages are rounded up to the next whole number, and termination charges are rounded up to the next whole dollar. The early termination charge will be applied to customer’s next invoice after the date of termination. Customer’s 1-Year Term Agreement will automatically renew for subsequent additional 1-Year terms unless customers cancel their account within 30 days of completion of the current term.

    E. Discontinuance Without Liability - Customers may discontinue service before

    expiration of any term commitment specified in this tariff without incurring the applicable termination charges if customers restructure their service by agreeing to a new service term of equal or greater length as that of the service term customer discontinues or to a new service with a greater volume commitment for a term, the combination of which (that is, the new term and greater volume commitment) has a value equal to or greater than the value of the service being discontinued.

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    SECTION 3

    RULES AND REGULATIONS (Cont’d) 3.22 Limitations of Actions

    3.22.1 All actions at law or in equity, and/or all complaints to regulatory authorities against Company for the recovery of damages and/or seeking mandates requiring the Company to take action or to cease any action which is not based on tariffed charges shall be begun within one year from the time the cause of action accrues and not after. Commencement of an action or complaint does not relieve Customer’s duties to pay Company’s charges.

    3.22.2 All actions at law or in equity, and/or all complaints to regulatory authorities against

    Company for the recovery of overcharges based on tariffed rates shall be begun within one year from the time the cause of action accrues and not after, except that if a claim for the overcharge has been presented in writing to Company within the one-year period of limitation, said period shall be extended to include one year from the time the notice in writing is given by the Company to the claimant of disallowance of the claim, or any part or parts thereof, specified in such notice. Commencement of an action or complaint does not relieve Customer’s duties to pay Company’s charges.

    3.22.3 All actions at law by Company for recovery of its lawful charges, or any part thereof,

    shall be begun within one year from the time the cause of action accrues, and not after. If on or before the period of limitation in sections 2.22.1 or 2.22.2, preceding, Company begins action under this section for recovery of lawful charges in respect to the same service, or, without beginning action, collects charges in respect if that service, said period of limitation shall be extended to include ninety (90) days from the date such action is begun or such charges are collected by Company.

    3.22.4 The term “overcharges” as used in this section shall be deemed to mean charges for

    services in excess of those applicable to such service or services under the Company’s schedules of charges lawfully on file with the Commission.

    3.23 Arbitration of Disputes

    All disputes concerning or affecting any service, rating of services, transfer of service, payments on account, credits, promotions, special offers or services, or any action or service of Company and/or its agents and/or any billing, bills, invoices, or statements of accounts shall be resolved through binding arbitration. Arbitration of disputes, whether raised by the Company or by the Customer, shall resolve all issues between the Company and the Customer, and shall not involve any form of class or collective arbitration nor any form whatsoever of class action lawsuit. A dispute occurs when the customer fails to pay an invoice or contests it for any reason associated with the ordering, installation, provisioning, maintenance, repair, interruption, restoration or termination of any service or facility offered under this Tariff. Once a dispute is raised, arbitration is mandatory, and counterclaims may be asserted. The arbitration shall be administered by the neutral third party administrator (Administrator) jointly chosen by the customer and Company and shall be conducted under rules and procedures normally followed for arbitrations conducted in this country. As a condition of service under this Tariff, and as disclosed in the customer authorization for service (LOA), any dispute or any counterclaims in response to such a dispute shall be governed by such arbitration rules and procedures. Nothing herein shall be construed to deny a customer its rights to file complaints pursuant to applicable statutory or regulatory provisions at the conclusion of any arbitration conducted in accordance herewith.

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    SECTION 4

    DESCRIPTION OF SERVICES

    4.1 General Description

    The Company provides you with a business or residential service for outbound 1+, facsimile, toll free access and calling card services and is available seven days a week, 24 hours a day. All of our rates are expressed in U.S. Dollars. Our services are provided for the origination and/or termination of long distance telecommunications within the mainland United States, with termination only to Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. Originating availability varies by service type and we reserve the right to limit our service origination to specific geographic areas. The Company offers you outbound long distance service to international locations, calling card service with origination capability from selected international locations, origination capability in Canada to the United States, in certain instances, prepaid or debit card service. Rates for these services vary by specific service offering; and/or time of day, day of week, type of access, mileage, volume and/or term of commitment. In addition, we offer international directory assistance and other miscellaneous services. Appropriate state and federal taxes, assessments and fees are also applied as required by law.

    4.2 Service Availability All of our outbound services are available to you in any area of the U.S. mainland and certain locations in Canada and selected international locations for calling card calls provided these locations are served by an equal access central office or its equivalent. Calls can be placed to any location in the U.S. mainland, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands and any international location where suitable facilities for termination have been arranged. All of our TFAS or inbound 800/888/887 services are available to you in any area of the U.S. mainland served by an equal access central office. Calls may originate from the mainland U.S., Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. Our Calling Card Services are available from originating stations throughout the mainland United States and certain locations in Canada and selected international locations for calling card calls provided these locations are served by an equal access central office or its equivalent. Calls may be placed to any international location where suitable facilities for termination have been arranged. All other services are available from any location where domestic interexchange service is provided by us on a presubscription basis. All international services are available only in combination with our domestic interexchange service, unless special arrangements are made.

    4.3 Time of Day Rate Periods

    The appropriate rates apply for Business Day (Peak) and Non-Business Day (Off-Peak) calls based on the following chart.

    Times Mon Tues Wed Thur Fri Sat Sun 9:00 am to 4:00 pm Business Day (Peak) Period 4:01 pm to 8:59 am Non-Business Day (Off-Peak) Period

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    SECTION 4

    DESCRIPTION OF SERVICES (Cont’d)

    4.4 Recognized Holidays For the following holidays the Non-Peak/Non-Business Day Rate Period rates apply, unless a lower rate would normally apply: New Year's Day** Labor Day* Memorial Day* Thanksgiving Day* Independence Day** Christmas Day** * As federally observed. ** When this holiday falls on a Sunday, the Holiday rate applies to calls placed on the following Monday. When this Holiday falls on a Saturday, the Holiday calling rate applies to calls placed the preceding Friday.

    4.5 Call Interval Rounding

    Like most other providers, we use the industry practice of "rounding," that is, in its most basic form, when call duration does not end on the nearest whole increment, the call's duration is rounded to the next whole increment as applicable. Our rounding will vary based on the call intervals used in billing for a particular service. Rates are distance and time of day insensitive. Interstate calls are billed in full 60-second increments with an initial minimum call duration of 60 seconds for peak business day calls and an initial minimum call duration of 90 seconds for off-peak or non-business day calls. International calls are billed in full 60-second increments with an initial minimum call duration of 60 seconds for peak business day calls and an initial minimum call duration of 120 seconds for off-peak or non-business day calls.

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    SECTION 5

    CALLING CARD SERVICES & RATES 5.1 DESCRIPTION OF SERVICES

    We offer calling card services using our calling card platform located in the United States. These services permit you to originate calls from locations served with equal access on the U.S. Mainland, or the off-shore points of Alaska, Hawaii, Puerto Rico or the U.S. Virgin Islands and to terminate those calls via our calling card platform to international locations and to access and use our value added services by and through our calling card platform. Availability. Calling Card Services are available to you during the life of your service with us. Service Access. Calling card services are accessed by dialing toll free access numbers. You will be given a toll free number which is shared with other of our customers. Our calling card services include all value added services except 3rd Party Call Forwarding. Recurring Charges. Charges include monthly recurring charges for usage for all types of calls (including database access for retrieval of information and per participant charges for conference calls), flat rated messaging and fax charges, and third party charges for call forwarding, voice mail and facsimile. Calling Card Service Off-Shore Locations. Calling Card calls may be placed from the following off-shore locations using a special access code assigned for such locations - Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. Applicable Billing Increments. Unless otherwise provided herein, rates are distance insensitive, but for calls in which there are more than two parties, (conference calls), route segments are calculated on a per participant basis. Our standard rate structure applies and applicable call increments for billing purposes are rounded at values set forth herein. Qualified Rate Adjustment. From time to time, we may, in responding to the marketplace, apply upward adjustments in your rates, with a corresponding downward adjustment in your minimum monthly usage levels or MMUL's. Such adjustments are based on your in-service date and the time of your last adjustment of any kind in your rates, if any (the “immunity period”). No QRA may be made during the immunity period, nor will any QRA be made if you started service during the immunity period. Any QRA made subsequent to the original posting date of this tariff will be set forth on this web page.

    5.2 Interstate Calling Card Rate

    Calling Cards may be issued by the Company at a Customer’s request for the purpose of making interstate calls. The charges which are accrued are billed on the Customer’s next invoice as follows: Off-Peak/Non-Business Day Initial 90 Seconds

    Peak/Business Day Initial 60 Seconds

    Each Additional 60 Seconds

    Minimum Monthly Usage Required

    $0.345 $0.230 $0.230 $ 5.00 $0.225 $0.150 $0.150 $10.00

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    SECTION 5

    CALLING CARD SERVICES & RATES (Cont’d)

    5.3 International Calling Card Rates

    CC Country Rate

    93 AFGHANISTAN 1.619355 ALBANIA 0.499355 ALBANIA- MOBILE N/A213 ALGERIA 0.309213 ALGERIA- MOBILE N/A684 AMERICAN SAMOA 0.609376 ANDORRA 0.439244 ANGOLA 0.609244 ANGOLA- MOBILE N/A809 ANGUILLA 0.70967212 ANTARCTICA (CASEY) 1.909672 ANTARCTICA (SCOTT) 2.219809 ANTIGUA 0.64954 ARGENTINA 0.19954 ARGENTINA - BUENOS AIRES 0.29954 ARGENTINA- MOBILE N/A374 ARMENIA 0.399374 ARMENIA- MOBILE N/A297 ARUBA 0.499247 ASCENSION ISL 1.43961 AUSTRALIA 0.15961 AUSTRALIA- MOBILE 0.15943 AUSTRIA 0.15943 AUSTRIA- MOBILE 0.399994 AZERBAIJAN 0.349994 AZERBAIJAN- MOBILE N/A809 BAHAMAS 0.339973 BAHRAIN 0.399973 BAHRAIN- MOBILE N/A880 BANGLADESH 0.549880 BANGLADESH- MOBILE 0.549809 BARBADOS 0.709375 BELARUS 0.349375 BELARUS- MOBILE N/A32 BELGIUM 0.15932 BELGIUM- MOBILE 0.242501 BELIZE 0.839501 BELIZE- MOBILE 0.839229 BENIN 0.789809 BERMUDA 0.339

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    975 BHUTAN 0.879591 BOLIVIA 0.349591 BOLIVIA- MOBILE 0.349387 BOSNIA 0.549387 BOSNIA- MOBILE N/A267 BOTSWANA 0.449267 BOTSWANA- MOBILE N/A55 BRAZIL 0.23955 BRAZIL- MOBILE 0.23955-C BRAZIL - RIO DE JANEIRO 0.24955-C BRAZIL - SAO PAULO 0.399809 BRITISH VIRGIN ISL 0.449673 BRUNEI 0.729359 BULGARIA 0.449359 BULGARIA- MOBILE N/A226 BURKINA FASO 0.829257 BURUNDI 0.679855 CAMBODIA 0.959855 CAMBODIA- MOBILE N/A237 CAMEROON 1.019237 CAMEROON- MOBILE N/A-- CANADA 0.139 CANADA- YUKON TERRITORY 0.191238 CAPE VERDE 0.739809 CAYMAN ISL 0.459236 CENTRAL AFRICA REP 1.079235 CHAD REP 1.24956 CHILE 0.19956 CHILE-MOBILE N/A86 CHINA 0.19986 CHINA-MOBILE 0.19961-891 CHRISTMAS & COCOS ISLANDS 1.52457 COLOMBIA 0.24957-C COLUMBIA - BOGOTA 0.24957-C COLUMBIA - CALI 0.24957-C COLUMBIA - MEDELLIN 0.24957 COLOMBIA- MOBILE N/A269 COMOROS & MAYOTTE 1.379

    269 COMOROS & MAYOTTE-COMOROS MOBILE 1.179

    269 COMOROS & MAYOTTE - MAYOTTE MOBILE

    242 CONGO 0.909682 COOK ISL 1.589506 COSTA RICA 0.199506 COSTA RICA- MOBILE N/A385 CROATIA 0.289385 CROATIA- MOBILE 0.28953 CUBA 0.979

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    357 CYPRUS 0.439357 CYPRUS- MOBILE N/A420 CZECH REP 0.249420 CZECH REP- MOBILE N/A45 DENMARK 0.15945 DENMARK- MOBILE 0.159246 DIEGO GARCIA 0.999253 DJIBOUTI 0.859809 DOMINICA 0.739809 DOMINICAN REP 0.24928 EASTER ISL 2.499593 ECUADOR 0.299593-C ECUADOR - QUITO 0.399593 ECUADOR- MOBILE N/A20 EGYPT 0.33920 EGYPT- MOBILE 0.789503 EL SALVADOR 0.349503 EL SALVADOR- MOBILE N/A240 EQUATORIAL GUINEA 1.549291 ERITREA 1.399372 ESTONIA 0.209372 ESTONIA- MOBILE 0.318251 ETHIOPIA 1.049251 ETHIOPIA- MOBILE N/A298 FAEROE ISL 0.449500 FALKLAND ISL 2.049679 FIJI ISL 0.939679 FIJI ISL- MOBILE N/A358 FINLAND 0.159358 FINDLAND- MOBILE N/A33 FRANCE 0.11933 FRANCE- MOBILE 0.200596 FRENCH ANTILLES 0.539594 FRENCH GUIANA 0.539689 FRENCH POLYNESIA 0.779241 GABON 0.549241 GABON- MOBILE N/A220 GAMBIA 0.739995 GEORGIA 0.249995 GEORGIA- MOBILE N/A49 GERMANY 0.11949 GERMANY- MOBILE 0.211 233 GHANA 0.659233 GHANA- MOBILE N/A350 GIBRALTAR 0.46930 GREECE 0.24930 GREECE- MOBILE N/A299 GREENLAND 1.049809 GRENADA 0.759

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    590 GUADALUPE 0.609671 GUAM 0.2495399 GUANTANAMO BAY 0.669502 GUATEMALA 0.499502 GUATEMALA- MOBILE N/A224 GUINEA REP 0.769245 GUINEA-BISSAU 2.049224 GUINEA-MOBILE N/A592 GUYANA 0.909592 GUYANA- MOBILE N/A509 HAITI 0.669509 HAITI- MOBILE N/A504 HONDURAS 0.549504 HONDURAS- MOBILE N/A852 HONG KONG 0.149852 HONG KONG-MOBILE 0.14936 HUNGARY 0.24936 HUNGARY- MOBILE N/A354 ICELAND 0.499354 ICELAND- MOBILE N/A91 INDIA 0.54991 INDIA- MOBILE 0.54962 INDONESIA 0.65962 INDONESIA- MOBILE N/A870 INMARSAT 6.70998 IRAN 0.44998 IRAN- TEHRAN 0.44998 IRAN- MOBILE N/A964 IRAQ 0.749964 IRAQ- MOBILE 0.749353 IRELAND 0.159353 IRELAND-MOBILE 0.159881 IRIDIUM 5.085972 ISRAEL 0.169972 ISRAEL-MOBILE 0.169972-22 ISRAEL- PALESTINE 0.224972-32 ISRAEL- PALESTINE 0.113972-42 ISRAEL- PALESTINE 0.224972-82 ISRAEL- PALESTINE 0.224972-92 ISRAEL- PALESTINE 0.224972-59 ISRAEL- PALESTINE- MOBILE 0.22439 ITALY 0.17939 ITALY- MOBILE 0.179225 IVORY COAST 0.749225 IVORY COAST- MOBILE N/A809 JAMAICA 0.70981 JAPAN 0.14981 JAPAN- MOBILE 0.14981-C JAPAN - NAGOYA 0.149

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    81-C JAPAN - OSAKA 0.14981-C JAPAN - TOKYO 0.149962 JORDAN 0.339962 JORDAN- MOBILE 0.339254 KENYA 0.839254 KENYA- MOBILE N/A686 KIRIBATI 0.969965 KUWAIT 0.269965 KUWAIT- MOBILE 0.269996 KYRGYZSTAN 0.399996 KYRGYZSTAN- MOBILE 0.399856 LAOS 0.949371 LATVIA 0.329371 LATVIA- MOBILE 0.329961 LEBANON 0.299961 LEBANON- MOBILE N/A266 LESOTHO 0.669231 LIBERIA 0.589218 LIBYA 0.3494175 LIECHTENSTEIN 0.3394175 LIECHTENSTEIN- MOBILE 0.504370 LITHUANIA 0.379370 LITHUANIA- MOBILE 0.379352 LUXEMBOURG 0.329352 LUXEMBOURG- MOBILE N/A853 MACAO 0.579389 MACEDONIA 0.619389 MACEDONIA- MOBILE N/A261 MADAGASCAR 0.879265 MALAWI 0.649265 MALAWI- MOBILE N/A60 MALAYSIA 0.24960 MALAYSIA- MOBILE N/A960 MALDIVES 0.849223 MALI 1.019356 MALTA 0.409356 MALTA-MOBILE N/A69 MARSHALL ISL 0.739222 MAURITANIA 0.779230 MAURITIUS 0.79952 MEXICO 0.279 MEXICO- Equal Access Mobile N/A52-1 MEXICO- Non-Equal Access Mobile N/A52-155 MEXICO CITY MOBILE N/A52-181 MEXICO- Monterrey Mobile N/A52-133 MEXICO- Guadalajara Mobile N/A691 MICRONESIA 0.929373 MOLDOVA 0.259373 MOLDOVA- MOBILE N/A

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    377 MONACO 0.279377 MONACO - MOBILE N/A976 MONGOLIA 1.179809 MONTSERRAT 0.809212 MOROCCO 0.339212 MOROCCO- MOBILE 0.339258 MOZAMBIQUE 0.749258 MOZAMBIQUE- MOBILE N/A95 MYANMAR 1.339264 NAMIBIA 0.579674 NAURA 0.959977 NEPAL 0.649977 NEPAL- MOBILE N/A599 NETHERLANDS ANTILLES 0.419

    599 NETHERLANDS ANTILLES- MOBILE N/A

    31 NETHERLANDS 0.39931 NETHERLANDS- MOBILE 0.399687 NEW CALEDONIA 0.819675 NEW GUINEA 0.749675 NEW GUINEA - PAPUA 0.74964 NEW ZEALAND 0.22964 NEW ZEALAND- MOBILE N/A505 NICARAGUA 0.519505 NICARAGUA- MOBILE N/A227 NIGER 0.999227 NIGER- MOBILE N/A234 NIGERIA 0.899234 NIGERIA- MOBILE N/A683 NIUE ISLANDS 1.2196723 NORFOLK ISL 0.879850 NORTH KOREA 1.049670 NORTHERN MARIANNA 0.579670-C NORTHERN MARIANA - SAIPAN 0.57947 NORWAY 0.15947 NORWAY- MOBILE 0.2358968 OMAN 0.549986 OMAN- MOBILE N/A92 PAKISTAN 0.09992 PAKISTAN- MOBILE 0.109680 PALAU 0.959970 PALESTINE 0.275970 PALESTINE-MOBILE 0.268507 PANAMA 0.399507 PANAMA- MOBILE N/A595 PARAGUAY 0.329595 PARAGUAY- MOBILE N/A51 PERU 0.24951-C PERU - LIMA 0.349

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    51 PERU- MOBILE 0.27963 PHILIPPINES 0.23963-C PHILIPPINES - MANILLA 0.23963 PHILIPPINES- MOBILE 0.23948 POLAND 0.34948 POLAND- MOBILE N/A351 PORTUGAL 0.249351-C PORTUGAL - AZORES 0.249351 PORTUGAL- MOBILE N/A PUERTO RICO 0.250974 QATAR 0.449974 QATAR- MOBILE N/A262 REUNION ISL 0.93940 ROMANIA 0.54940 ROMANIA- MOBILE N/A7 RUSSIA 0.2397 RUSSIA- MOBILE N/A7-C RUSSIA - KAZAKHSTAN 0.3497-C RUSSIA - KAZAKHSTAN- MOBILE N/A7-C RUSSIA - MOSCOW 0.1297-C RUSSIA - NAKHODKA 0.8397-C RUSSIA - SAKHALIN 0.8397-C RUSSIA - ST PETERSBURG 0.149250 RWANDA 1.229378 SAN MARINO 0.579239 SAO TOME & PRINCIPE 1.399966 SAUDI ARABIA 0.249966 SAUDI ARABIA- MOBILE N/A221 SENEGAL 1.239221 SENEGAL- MOBILE N/A381 SERBIA 0.349381 SERBIA- MOBILE N/A248 SEYCHELLES 1.229232 SIERRA LEONE 1.139232 SIERRA LEONE- MOBILE N/A65 SINGAPORE 0.19965 SINGAPORE-MOBILE 0.199421 SLOVAKIA 0.449421 SLOVAKIA- MOBILE N/A386 SLOVENIA 0.349386 SLOVENIA- MOBILE N/A677 SOLOMON ISL 1.099252 SOMALIA 1.13927 SOUTH AFRICA 0.29927-C S A - JOHANNESBURG 0.29927 SOUTH AFRICA- MOBILE N/A82 SOUTH KOREA 0.13982 SOUTH KOREA-MOBILE 0.13934 SPAIN 0.159

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    34 SPAIN- MOBILE 0.15994 SRI LANKA 1.04994 SRI LANKA- MOBILE N/A290 ST HELENA 0.929809 ST KITTS/NEVIS ISL 0.659809 ST LUCIA 0.749508 ST PIERRE and MIQUELON 0.769809 ST VINCENT and GREUEDINES 0.739249 SUDAN 0.449249 SUDAN- MOBILE 0.449597 SURINAME 1.219597 SURINAME- MOBILE N/A268 SWAZILAND 0.58946 SWEDEN 0.15946 SWEDEN- MOBILE 0.15941 SWITZERLAND 0.15941 SWITZERLAND- MOBILE 0.342963 SYRIA 0.549963 SYRIA- MOBILE 0.549886 TAIWAN 0.179886-C TAIWAN - TAIPEI 0.179886 TAIWAN-MOBILE 0.179992 TAJIKISTAN 0.399992 TAJIKISTAN- MOBILE N/A255 TANZANIA 0.809255 TANZANIA- MOBILE N/A66 THAILAND 0.54966 THAILAND- MOBILE N/A228 TOGO 0.969676 TONGA ISL 1.089809 TRINIDAD 0.739216 TUNISIA 0.629216 TUNISIA- MOBILE N/A90 TURKEY 0.47990 TURKEY- MOBILE N/A993 TURKMENISTAN 0.399993 TURKMENISTAN- MOBILE N/A809 TURKS & CAICOS ISL 0.659688 TUVALU 2.049256 UGANDA 0.589256 UGANDA- MOBILE N/A380 UKRAINE 0.249380-C UKRAINE- KIEV 0.249380 UKRAINE- MOBILE 0.249971 UAE 0.399971 UAE- MOBILE 0.39944 UNITED KINGDOM 0.14944 UNITED KINGDOM- MOBILE 0.324598 URUGUAY 0.299

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    598 URUGUAY- MOBILE N/A998 UZBEKISTAN 0.349998 UZBEKISTAN- MOBILE 0.349678 VANUATU 5.049379 VATICAN CITY 0.24958 VENEZUELA 0.44958 VENEZUELA- MOBILE 0.44984 VIETNAM 0.74984 VIETNAM- MOBILE 0.749681 WALLIS AND FUTUNA ISL 2.049685 WEST SAMOA 0.809967 YEMEN 0.409967 YEMEN- MOBILE 0.409243 ZAIRE 0.779260 ZAMBIA 0.839263 ZIMBABWE 0.549263 ZIMBABWE- MOBILE N/A

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    SECTION 5

    CALLING CARD SERVICES & RATES (Cont’d)

    5.4 International to International Calling Card Rates

    International to International calling card calls may only be placed to and from the countries listed below in Table 1. The applicable per minute rate is determined by adding originating countries rate to the terminating countries rate. Example: An international to international calling card call from Austria to Italy will be billed at $1.85 cents per minute [$.096 (Austria) + $0.89 (Italy) = $1.85].

    Table 1 Country Country

    Code Rate

    AUSTRIA - LAND 43 0.960 BELGIUM - LAND 32 0.940 CHILE - LAND 56 0.960 DENMARK - LAND 45 0.970 FINLAND - LAND 358 1.080 FRANCE - LAND 33 0.880 GERMANY - LAND 49 0.910 INDONESIA - LAND 62 1.530 IRELAND - LAND 353 1.300 ISRAEL - LAND 972 1.120 ITALY - LAND 39 0.890 JAPAN - LAND 81 1.010 LUXEMBOURG - LAND 352 1.070 MALAYSIA - LAND 60 1.300 NETHERLANDS - LAND 31 0.860 NEW ZEALAND - LAND 64 1.280 NORTHERN MARIANA - SAIPAN - LAND 671 1.500 NORWAY - LAND 47 0.970 PORTUGAL - LAND 351 1.110 SINGAPORE - LAND 65 1.150 SOUTH AFRICA - LAND 27 1.140 SOUTH KOREA - LAND (1) 82 1.270 SOUTH KOREA - LAND (2) 82 1.280 SWEDEN - LAND 46 0.860 SWITZERLAND - LAND 41 0.940 THAILAND - LAND 66 1.300 UNITED KINGDOM - LAND 44 0.800

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    SECTION 6

    TOLL FREE ACCESS SERVICE - 800/888/877/866 NUMBERS 6.1 Description of Toll Free Access Service

    Numbers Must Be Put to Use. If you are assigned one or more Toll Free Access Service (TFAS) telephone numbers, you must make substantial use of each number. "Substantial use" means you or your business must receive at least 30 minutes of calls on average per month or more. Any TFAS telephone number that has not been placed in actual and substantial use during the first sixty (60) day period after service activation may be recovered by us upon written notice to you. Specifically Requested Numbers. If you request a specific TFAS telephone number, we will require you to give us a Number Reservation Agreement Form. Quantity Limited. At no time may you have more than ten (10) TFAS numbers reserved. Any reservation you get is good for no more than fifteen (15) days. A TFAS Reservation Fee must be paid by you. This fee is credited to the unpaid balance on your account after your service has been in actual and substantial use for a consecutive sixty (60) day period. No Ownership Rights. Nothing in this Section, in any other provision of this tariff, nor in any marketing materials issued by us or on behalf of us, shall give you or any person, including any transferee or assignee of your business or activities, any ownership interest or proprietary right in any particular TFAS number. However, upon placing a number substantially in use as defined above, you do have a controlling interest in the use of the TFAS number(s) assigned to you or your business that you may retain, even if you change your service provider and/or your Responsible Organization. Existing TFAS Numbers at Service Commencement. If you already have been assigned a TFAS number when you begin service with us and request that we take over your TFAS numbers and service when you make your request to us, you must provide us the contact names, telephone number and address of your existing Responsible Organization, and you must execute a Letter of Authorization (LOA) to transfer your existing Responsible Organization responsibility for your TFAS number(s) to us to act as your new Responsible Organization. If you elect to retain your existing Responsible Organization after transferring your service to us, you must notify us of any changes in your Responsible Organization in the future, in writing, within 48 hours of the change. You remain solely responsible for all outstanding indebtedness for services provided by your previous Responsible Organization(s) or TFAS service provider and you indemnify and save us harmless from any claim or liability you have or incur to any other TFAS service provider before, at or after you transfer your other services to us. Scope of Our Undertaking. Subject to your entering into a Responsible Organization Service Agreement with us, we will perform the function of your Responsible Organization for all the TFAS numbers ordered by you unless you request in writing another Responsible Organization to do so. When we act as your Responsible Organization, we will: (1) search for and reserve TFAS number(s) available in the Service Management System (SMS) TFAS database; (2) create and maintain your TFAS number(s) record in the SMS TFAS database; (3) provide you with a single point of contact to report to about your TFAS service and number(s); (4) when we act as your Responsible Organization, at your request we will subscribe to the TFAS Directory Listing for your TFAS number(s) (for which a charge for this Directory Listing applies); and (5) we will subscribe to Vertical Features obtained from local exchange telephone company access tariffs (for which the charges in the access tariffs will be passed on to you, plus 15%). The Vertical Feature charge will not be counted toward the attainment of any of your volume or revenue commitments should you have any with us and will not be discounted.

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    SECTION 6

    TOLL FREE ACCESS SERVICE - 800/888/877/866 NUMBERS (Cont’d) 6.1 Description of Toll Free Access Service (Cont’d)

    Transferring Service. If you transfer your TFAS service to another Responsible Organization, we will cease to subscribe to the TFAS Directory Listing Service on your behalf and you are responsible for assuring that your TFAS Directory Listing Service is maintained through your new Responsible Organization. You are responsible for payment of any and all of our outstanding TFAS Directory Listing charges, including any unexpired portion of any minimum period applicable to such services. We have no liability for any interruption or other delay, error, mistake, omission or other defect occurring in connection with your transfer of your TFAS Directory Listing.

    Cancellation. If you cancel your TFAS, you may elect to retain us as your Responsible Organization at charges set forth in this tariff. Further, if you do cancel you are responsible for all outstanding indebtedness owed us and any outstanding charges applicable to your services that w