This Agreement is made by and between VOIPster Communications, LLC (herein “VC”) and it’s subscribers, connecting partners and individuals and/or entities connecting directly to, in-directly to, through or utilizing either in part or in full any and/or all services, equipment or related property (herein “User”).

The continued use of any and/or all of VC’s services shall be governed by the following terms.

Activities

1. No activity conducted by or engaged in, or permitted to be conducted by or engaged in, by User shall be contrary to any applicable law or regulation.

Network Protected

2. User shall not breach or expose, or permit any breach or exposition of, VC’s network.

Associated Transactions

3. User shall be liable and pay for all transactions associated with its account. If User claims not to be liable, it shall physically prove to VC’s satisfaction that it is not liable, and shall do so before the due date for payment for such transactions.

Payment of Invoices

4. User shall promptly pay any invoice by VC, and in no event fail to pay in full any invoice by VC within 14 days of invoice date. Any user maintaining a past due balance after December 1, 2014 must without exception enroll in VC’s Automatic Payment program in order to maintain services. Visit http://voipster.net/pdfs/Automatic_Payment_Authorization.pdf to obtain a copy of our Automatic Payment Authorization Form.

Contact Information

5. Any changes or updates in information by which VC may contact User shall promptly be made in writing by User to VC, and in no event fail to be made within 10 days after the effective date of such change or update.

Assumption of Risk

6. User assumes all risk, responsibility and liability for the use of equipment not provided by VC or authorized in writing by VC.

Installation, Maintenance and Repair.

7. Any and all installation, maintenance and repair of VC’s equipment and/or VC authorized equipment either supplied by VC or User, shall be provided by VC’s agents.

Defects and Warranties

8. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED, including any of MERCHANTABILITY, by VC. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

Any defects claimed by User shall promptly be permitted to be evaluated by VC, and if verified by VC shall be repaired or replaced by VC, at its option.

Service Availability

9. Service availability/access is not warranted or guaranteed. Users experiencing difficulties may contact VC for analysis and/or assistance. Users who can document in writing 90 cumulative minutes or more per billing cycle of VC’s network and/or service disruption or impact that is the is the responsibility or under the control of VC may request a credit. Credits shall be calculated for the documented period solely at the discretion of VC’s management. Scheduled maintenance/outages will not be considered for credit. Users may send an email to customer-notificationssubscribe@ mon1.lvnv.voipster.org in order to be notified of scheduled maintenance/outages.

Support and Assistance

10. Any requests by User for support or assistance shall be directed to VC and made by certified mail, email or through VC’s website for evaluation and response by VC.

Notices

11. Notices shall be given to VC:
VOIPster Communications, LLC
2616 Bardstown Rd.
Louisville, KY 40205

Cancellations

12. If User elects to cancel its service with VC, it must do so in writing within 30 days of activation and all equipment must be returned simultaneously and is the same condition as received, normal wear and tear excepted. Upon inspection by VC to confirm condition, an equipment refund in whole or in part, as condition dictates, will be processed.

Cancellation after 30 days from activation is not subject to refund for either goods or service.

Billing Disputes

13. All disputes by User concerning billing shall be made in writing to VC within 30 days after invoice date.

All Other Disputes

14. For all other disputes, VC and User mutually waive their respective rights to litigate, and agree to resolve any dispute exclusively through mediation.

Jurisdiction

15. In the event the jurisdiction of a court is invoked, the Commonwealth of Kentucky shall have exclusive jurisdiction.

Governing law

16. This agreement shall be governed by and interpreted in accordance with the law of the Commonwealth of Kentucky.

Assignability

17. This contract shall not be assigned, transferred or otherwise conveyed, either in whole or in part, by either party, without the prior written consent of the other party.

Consequences of Breach

18. Any breach of this agreement may result in:
suspension of service;
closure of account;
and/or additional fees.

Accounts maintaining a balance due at breach of contract are responsible for payment in full of the balance due and any and all additional fees and shall enroll in VC’s Automatic Payment program described in section 4 of this agreement prior to reactivation of account or continued service.

Entire Agreement

19. This Agreement supersedes all prior agreements and understandings between the parties hereto, oral or written, as to the subject matter of this Agreement, and may not be modified or terminated orally. No modification, termination, or attempted waiver shall be valid unless in writing, signed by the party against whom such modification, termination or waiver is sought to be enforced.

Andrew Kenton Mitchell
VOIPster Communications, LLC.
Managing Member
Revised: Sunday, November 2, 2014