SEI Long Distance
Page 17 of 53
Effective: March 18, 2003
    
3. GENERAL RULES AND REGULATIONS (Continued)
    
3.3 OBLIGATIONS OF THE COMPANY (Continued)
    
3.3.1 Liability (Continued)
    
3.3.1.9 The Company reserves the right to immediately suspend or cancel without advance written notice and without any liability whatsoever, the provision of any service(s) to any Customer if the Company determines in its sole discretion that the Customer is using the service(s) to make or permit any telephone facility under such Customer’s control to be used for any purpose or activity, including, but not limited to, any obscene, indecent or harassing purpose or activity, prohibited by Section 223 of the Communications Act of 1934, as amended, and Inbound calls placed with the intent of gaining access to a Customer’s outbound calling services without authorization from the Customer.
    
3.3.1.10 The Company is not liable for any damages, including toll usage charges, the Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of the Customer’s facilities includes, but is not limited to, the placement of calls from the Customer-provided equipment which are transmitted or carried on the Company network or the network over which its traffic is carried. The Company’s customer service agents may work with Customers to recommend possible solutions to reduce unauthorized use of their facilities. However, the Company does not warrant or guarantee that its recommendations will prevent all unauthorized use, and the Customer is responsible for controlling access to, and use of, its own telephone facilities.
    
3.4 OBLIGATIONS OF THE CUSTOMER
    
3.4.1 The Customer shall be responsible for damages to the Company’s facilities or that of its network providers caused by the act or omission of the Customer, its authorized users, officers, directors, employees, agents, contractors, licensees or invitees or any person or entity who gains access to the service of the customer through the negligence of the customer.
3.4.2 The Customer shall provide access to the Customer’s or authorized user’s premises by the Company personnel for inspection, repair and/or removal of any facilities or equipment of the Company on an unrestricted basis, 24 hours a day, 7 days a week.
SEI Long Distance
Page 18 of 53
Effective: March 18, 2003
    
3. GENERAL RULES AND REGULATIONS (Continued)
    
3.4 OBLIGATIONS OF THE CUSTOMER (Continued)
    
3.4.3 The Customer will guarantee the performance by his authorized user(s) of all provisions of and obligations under these Terms and Conditions. The Customer will be liable for the acts or omissions of its authorized user(s) relative to the compliance with the provision of these Terms and Conditions.
    
3.4.4 The Customer may not assign or transfer to a third party, whether by operation of law or otherwise, the right to use the services provided under these Terms and Conditions, provided however, that where there is not interruption of use or relocation of the services, such assignment or transfer may be made to the following:
    
a) Another Customer of the Company, provided that the assignee or transferee assumes all accrued and unpaid obligations of the transferring Customer including, but not limited to, all indebtedness for such services, and the unexpired portion of the minimum period and the termination liability applicable to such services if any; or
    
b) A court-appointed receiver, trustee or other person acting pursuant to the laws of bankruptcy, receivership, reorganization, insolvency, liquidation or other similar proceedings, provided that the assignee or transferee assumes all accrued and unpaid obligations of the transferring Customer including, but not limited to, all indebtedness for such services, and the unexpired portion of the minimum period and the termination liability applicable to such services, if any.
    
If the Customer wishes to assign or transfer the right to use services provided under these Terms and Conditions, written consent of the Company is required prior to such assignment or transfer which consent may be granted or withheld in the sole discretion of the Company. All regulations and conditions contained in these Terms and Conditions shall apply to such assignee or transferee.
    
The assignment or transfer of services does not relieve or discharge the assignor or transferor from remaining jointly and severally liable with the assignee or transferee for any obligations existing at the time of the assignment or transfer.
SEI Long Distance
Page 19 of 53
Effective: March 18, 2003
    
3. GENERAL RULES AND REGULATIONS (Continued)
    
3.4 OBLIGATIONS OF THE CUSTOMER (Continued)
    
3.4.5 The Customer of the Company’s 1+, 0+ (sent paid), credit card, and/or Inbound Service is responsible for payment for all calls placed:
    
(a) via the Customer’s local telephone service number(s);
(b) via dedicated access lines to the Company facilities and/or network;
(c) via the Customer’s Inbound Service number(s) either intentionally or mistakenly placed;
(d) originated at the Customer’s number(s);
(e) accepted at the Customer’s number(s) (e.g. collect calls); and
(f) billed to the Customer’s number(s) via third number billing.
   
This responsibility is not changed by virtue of any use, misuse, or abuse of the Customer’s service, Customer provided systems, equipment, facilities, services interconnected to the Customer’s local telephone service, 0+ (sent paid), dedicated lines or Inbound Service; who’s use, misuse or abuse may be occasioned by third parties, including, without limitation, the Customer’s employees and members of the public.
    
3.4.6 The Customer must obtain an adequate number of access lines for service to handle its expected demand in order to prevent interference or impairment of the service or any other service provided by the Company. The Company will have the right to determine such adequacy giving due consideration to (1) the total call volume; (2) average call duration; (3) time-of-day characteristics; and (4) peak calling period.
    
The Company, without incurring any liability, may disconnect or refuse to furnish Service to any Customer that fails to obtain an adequate number of lines. In the case of disconnections, the Customer will be notified in writing in advance of the termination of service.
SEI Long Distance
Page 20 of 53
Effective: March 18, 2003
    
3. GENERAL RULES AND REGULATIONS (Continued)
    
3.4 OBLIGATIONS OF THE CUSTOMER (Continued)
    
3.4.7 Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer, by others, through the use of Customer-provided facilities or equipment, or through the use of facilities or equipment furnished by any other person using the Customer’s facilities shall not result in the imposition of any liability upon the Company. The Customer shall pay to the Company any reasonable costs, expenses, damages, fees or penalties incurred by the Company as a result thereof, including the costs of any local exchange company labor and materials. The Company shall be indemnified, defended and held harmless by the Customer against any and all claims, demands, causes of action and liability relating to services provide pursuant to this agreement, including payment to the Company associated with reasonable attorney’s fees.
    
3.5 PAYMENT REGULATIONS
    
3.5.1 Service shall be provided and billed for on a monthly basis. Service shall continue to be provided until 30 days after the Company’s receipt of a written request from the Customer for the disconnection of service, unless other restrictions apply. Payment is to be made to the address designated on the invoice or such other location as the Company may direct in writing from time to time. In addition to the charges for the Company’s services, the Customer shall pay any applicable federal, state or local use, excise, sales or privileges taxes resulting from the services furnished by the Company. Such taxes shall not be counted toward the attainment of any volume or revenue commitment and will not be discounted.
    
3.5.2 The Customer is responsible for payment of all charges for service(s) furnished by the Company. This includes payment for calls or services (a) originated at the Customer’s number(s) whether authorized or not; (b) accepted at the Customer’s number(s) (e.g. Inbound Service and collect calls); (c) billed to the Customer’s number via third number billing, a calling card, a company-assigned authorization code, travel card number, or other special billing number; and/or (d) incurred at the specific request of the Customer.
SEI Long Distance
Page 21 of 53
Effective: March 18, 2003
    
3. GENERAL RULES AND REGULATIONS (Continued)
        
3.5 PAYMENT REGULATIONS (Continued)
    
3.5.3 A Customer is responsible for payment for all calls placed to or via the Customer’s telephone number(s). This responsibility is not changed by virtue of any use, misuse, or abuse of the Customer’s service or Customer provided systems, equipment, facilities or services interconnected to the Customer’s Inbound Service, whose use, misuse or abuse may be occasioned by third parties, including, without limitation, the Customer’s employees and members of the public who dial the Customer’s Inbound number by mistake.
    
3.5.4 If notice of a dispute with respect to a charge is not received, in writing, within 21 days after an invoice is rendered, such invoice shall be deemed to be correct and binding upon the Customer. In instances of a dispute, the Customer is required to pay the undisputed portion of the bill in its entirety. Accounts not paid within 21 days from the due date stated on the bill will be considered delinquent. Delinquent payments may result in the imposition of a late fee which shall be imposed at the rate of 1.5% of the unpaid balance per month or the maximum allowable rate under applicable state law. When contracting with a local exchange company to be the billing entity, the tariffs of that company apply.
    
3.5.5 If a Customer accumulates more than $1,000 of undisputed delinquent charges, the Company’s Resp Org reserves the right not to honor that Customer’s request for a Resp Org change and the Company reserves the right not to honor that Customer’s request for a carrier change until such undisputed charges are paid in full.
    
3.5.6 The Company may require applicants or Customers to provide information pertaining to their financial ability to pay for service.
    
3.5.6.1 Applicants or Customers whose credit worthiness is not acceptable to the Company, or is not a matter of general knowledge, may be denied service or may be required to make, at any time, a deposit in an amount equaling up to two months, actual or estimated, charges for the services provided. The Company may increase the amount of any deposit previously required if, in the Company’s sole discretion, it is reasonably necessary under the circumstances.
SEI Long Distance
Page 22 of 53
Effective: March 18, 2003
    
3. GENERAL RULES AND REGULATIONS (Continued)
    
3.5 PAYMENT REGULATIONS (Continued)
    
3.5.6.2 In the case of a cash deposit, interest will be paid for the period during which the deposit is held by the Company. If the Company, in its sole discretion, determines that the Customer is not capable of satisfying its payment obligations, services may be canceled by the Company upon written notice.
    
3.5.6.3 At the Company’s option, such deposit may be refunded or credited to the Customer at, or any time prior to, termination of service. The Customer may elect to apply the deposit to future invoices or receive a payment of the deposit amount. However, if any balance is outstanding on the Customer’s account at the time of cancellation, the Company reserves the right to apply the Customer’s deposit and accumulated interest against the Customer’s unpaid balance.
    
3.5.7 In the event the Company incurs fees or expenses, including attorney’s fees, court costs, costs of investigation and related expenses in collecting, or attempting to collect, any charges owed to the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred.
    
3.5.8 In the event that a check or draft tendered by a Customer is returned, a fee based on the policy of the local exchange telephone company which serves the customer will apply. The fee will be assessed when a check or instrument issued by a Customer is returned without payment for any reason whatsoever, unless the return is a bank error, in which case documentary evidence is required to waive the fee.
    
3.5.9 All stated charges in these Terms and Conditions are computed by the Company exclusive of any federal, state, or local use, excise, gross receipts, sales, or privilege taxes, duties, fees, or similar liabilities (other than general income or property taxes) whether charged to or against the Company or its Customer. Such taxes, fees, etc. shall be paid by the Customer in addition to the charges stated in these Terms and Conditions. All such taxes, duties and fees shall each be shown as a separate line item on the Customer’s monthly invoice.
    
3.5.10 In cases involving toll fraud, the Company may backbill for one and one-half (1 1/2) years from the point when such fraud was detected and/or quantified.
    
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