TERMS OF USE / TERMS AND CONDITIONS

1. INTRODUCTION.  These Terms and Conditions constitute the agreement between JMI Telecommunications and the user of JMI's communications services and any related products or services. This agreement governs both our service and any JMI-approved or JMI-provided devices used with our service. It applies to all lines on each JMI account. JMI is sometimes referred to as "we," "us," "our," or "JMI" and the user is sometimes referred to as "you," "your," or "user," or "customer". By subscribing to or using our service, you agree to these Terms and Conditions.
2. MONEY BACK GUARANTEE.  We offer a money back guarantee if you terminate your service within 30 days from your activation date. The activation date is the date you order service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first day you use the service.
2.1  If for any reason you wish to cancel service within 30 days of activation, we'll refund your money with no questions asked. You must cancel your service within 30 days of the activation of your account. You must not exceed 100 minutes of usage in the first 30 days of service. You are responsible for any overage, international or directory assistance call charges. If you exceed 100 minutes, you will not be refunded for the startup costs and the first month of service. All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. The Money Back Guarantee will not be issued if you fail to meet these requirements. You are responsible for return shipping. Please contact JMI VoIP customer service to cancel your service and obtain a return authorization number. You will be refunded the start up cost excluding the activation fee of $29.95 after we receive your equipment within 14 days of service cancellation. Equipment returned without a valid return authorization number will not be eligible for the Money Back Guarantee.
3.  SERVICE.
3.1  Our service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.
  3.2  If you subscribe to our residential services, we provide you with service and the device solely for residential use.
  3.3  If you subscribe to any of JMI's business plans, we provide our service and the device to you solely for use as a business user. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your device.
  3.4  If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required to pay the rates for the service or plan that would apply to the way you used the service or device.
  3.5  You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, medical monitoring equipment, satellite television systems, and computer modems. You waive any claim against JMI for interference with or disruption of these services and equipment.
3.6  You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, medical monitoring equipment, satellite television systems, and computer modems. You waive any claim against JMI for interference with or disruption of these services and equipment. You acknowledge that our service may not be compatible with AOL cable broadband service and certain versions of TiVO. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.
3.7  The JMI Biz Bargain, JMI Biz Complete, and JMI Complete Residential plans are all offered on 24 month terms. The JMI Starter and JMI Value plans are offered on month-to-month terms, see below. Equipment leases are only offered on the JMI Biz Bargain, JMI Biz Complete, and JMI Complete Residential plans.
4.  LENGTH OF SERVICE.
4.1  We provide our service for terms of a set length that depend on the term that you have signed up for (for example, 30 days or two years). Your term begins on the activation date, which is the date you first activated service. It is not the day you receive the equipment you ordered or the first time you use the service. You are purchasing our service for the full service term.  JMI Biz Bargain, JMI Biz Complete, and the $24.95 JMI Residential service plans are for terms of 24 months.  All other service plans are offered on a month to month basis.
4.2  At the end of an Initial Term or any Renewal Term you will be prompted to let us know if (1) you wish to terminate your Service, (ii) accept a new Service plan for an additional Term (each a “Renewal Term”) according to fees in effect at the time of the offering, or (iii) you may continue to use the Service on a month-to-month basis according to the then-current fee schedule in effect. If you elect option (iii) be advised that your monthly-rate may be changed by JMI Telecom at any time to be effective the following month.
4.3  We have the right to suspend or discontinue service generally, or to disconnect your service, at any time for your violation of these Terms of Service, your failure to pay, your unlawful or inappropriate use of our service, or your violation of the laws of your jurisdiction.
4.4  If you attempt to disconnect service before the end of your current service term or any applicable Renewal term, you will be responsible for an early termination fee of $180.00. If your service is disconnected by JMI for cause, before the end of your current service term or any applicable Renewal term, you will be responsible for an early termination fee of $180.00. 
  4.5  If you lease any Equipment from JMI Telecom, you must return all leased Equipment in good working order upon the termination or expiration of this Agreement or upon JMI Telecom's request, lf you fail to return all leased Equipment in good working order, reasonable wear and tear excepted within thirty (30) days after termination or expiration of this Agreement or by the date otherwise specified or requested by JMI Telecom, you agree to pay JMI Telecom the retail value of the Equipment as new. In addition, if you do not return the leased Equipment to JMI Telecom by the required date, you hereby irrevocably authorize JMI Telecom to charge the cost of the Equipment and any unpaid monthly JMI Telecom digital phone charges to any Card or bank account you provide or previously have provided to JMI Telecom for any purpose. You understand that this authorization to charge your Card or bank account for failing to return leased Equipment in good working order may not be revoked even If you revoke authorization to charge your Card or bank account for other purposes.
4.6  All of charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
5.  DEVICES.
5.1  Disclaimer.  Other than express warranties for the device in the documentation that comes with your device and the retail customer limited warranty in this agreement, following the term of the limited warranty, we make no warranties of any kind, express or implied, and specifically disclaim, following the term of the limited warranty, any warranty of merchantability, fitness of the device for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance, or any warranty that the device or any firmware or software is "error free" or will meet your requirements. This section does not limit any disclaimer or limitation of warranty in the documentation provided with your device. Device warranties do not apply to Business Plus customers. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
6.  FEES, TAXES, AND OTHER CHARGES.
6.1  We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Delinquency/Late Fees. Accounts not paid in full by the due date are subject to suspension or termination by JMI Telecom. In addition, JMI Telecom may terminate your Service if your credit card expires or bank account is closed or suspended and you have not provided JMI Telecom with a valid replacement credit card or EFT-related information. In the event of such suspension or termination by JMI Telecom, you will pay JMI Telecom any outstanding fees and all collection costs and fees, including attorneys' fees and late fees incurred or charged by JMI Telecom. JMI Telecom may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay to JMI Telecom all past due amounts and late payment fees plus a suspension charge per account and applicable taxes, and you may be required to provide JMI Telecom with a deposit. All delinquent charges and charges not honored by your Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) or $5 per month (or portion of a month), whichever is greater. Except to the extent prohibited by law, this late fee may be charged regardless of any disputes you may have raised regarding your invoiced charges.
6.2  We bill usage charges in full minute increments.
6.3  State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your JMI charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your payment method according to the terms in this agreement.
6.4  If you disconnect service based on a commitment before the end of the commitment period, you agree to pay us the applicable recovery or termination fee. A recovery or early termination fee is $180.00. 7.  BILLING AND PAYMENT.
  7.1  We will bill you for each term of service. When you subscribe to our service, you must give us a valid mail address and a credit card payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your mail address changes, or your payment method is cancelled and replaced on account of loss or theft.
  7.2  When you subscribe to our service, you authorize us to collect from your credit card payment method. This authorization will remain valid for the term of the Agreement. Upon termination of the Agreement, you also authorize us to collect from your credit card payment method, any disconnection fee and any other outstanding charges and equipment charges.
  7.3  If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees.
  7.4  You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your any right to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
  7.5  If you want to dispute any JMI charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges.
8.  PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
  8.1  You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, improper or inappropriate.  A partial list of examples of illegal, improper or inappropriate uses of our service and/or devices includes use our service or device for threatening, abusive, defamatory, fraudulent or invasive behavior, auto-dialing, telemarketing, fax broadcasting, or fax blasting. Further, you shall not use our service or device to send unsolicited messages, violated any law or regulation, or exceed your access to our service.
8.2  We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of these Terms and Conditions, or if we think it necessary in order to protect our service, or our parent, affiliates, directors, officers, agents, and employees from harm.
  8.3  If we believe that you have used our service or device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both; to protect JMI’s rights and property; or in emergency situations to protect JMI customers or third parties from imminent harm.
9.  LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
  9.1  You agree that our services are provided "as is," except to the extent provided below.
  9.2  We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information. Neither JMI nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of JMI’s or its service provider's or vendors' negligence. Statements and descriptions concerning our service or device, if any, by JMI or JMI's agents are informational and are not given as a warranty of any kind.
  9.3  We will not give you credit for any interruption of JMI service, including international calling services.
  9.4  We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality.
9.5  In no event will JMI, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  9.6  We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using a 911 dialing service, how they answer these calls, or how they handle them.
  9.7  Our total liability under this agreement will not exceed the service charges for the affected time period.
10.  INDEMNIFICATION AND WAIVER OF CLAIMS.
  10.1  You shall defend, indemnify, and hold harmless JMI, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device, or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
10.2  You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
  10.3  You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
  10.4  You are liable for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof. .
11.  MISCELLANEOUS LEGAL CONSIDERATIONS.
  11.1  The law of the state of California will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law.
  11.2  Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. JMI reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by JMI under these Terms and Conditions and exercise of its rights are made and done in our sole and absolute discretion.
  11.3  The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
  11.4  If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.
  11.5  You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
  11.6  This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and JMI. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and JMI. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
  11.7  If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
12.  DISPUTE RESOLUTION AND BINDING ARBITRATION. It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
  12.1  JMI and you agree to arbitrate any and all disputes and claims between you and JMI. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and JMI, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "JMI," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and JMI.
12.2  The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-787. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
  12.3  Unless you and JMI mutually agree otherwise, all hearings conducted as part of the arbitration shall take place in the county of Orange, State of California.
12.4  You and JMI agree that, by entering into this agreement, you and JMI are waiving the right to a trial by jury.
  12.5  You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes), or you waive the right to pursue a claim based upon such event, facts, or dispute.
13.  CHANGES TO THIS AGREEMENT.  We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning JMI, including changes to this agreement. We may give you notice of a change by posting the change on the JMI home page of or on the relevant web page of the applicable service. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of JMI services.
14.  PRIVACY.  JMI uses, in whole or in part, the public Internet and third party networks to transmit voice and other communications. JMI is not liable for any lack of privacy which you may experience from using our service. You authorize us o investigate your credit history, including requesting a consumer report, when you sign up for our service and at any time after you sign up; and to share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report
15.  COPYRIGHT AND TRADEMARK; COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE.
  15.1  Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions.
Infringement by you may result in civil or criminal prosecution.
  15.2  These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials infringe on a copyright, you should give us written notice.