THANK YOU FOR USING IT&E SERVICES. In this Agreement, “you” and “your” means the customer of IT&E Overseas, Inc., hereinafter referred to as IT&E. Subject to the terms and conditions of this Consumer Services Agreement and applicable prices, charges, service descriptions and other terms and conditions set forth in IT&E Service Guides, available on IT&E’s website at http://www.ite.net (together, the “Agreement”), IT&E will provide interstate and international telecommunications services to you. This Agreement governs state-to-state and international long distance services provided to you by IT&E (“Services”), and does not apply to local services, calls made by dialing 1010-6483 number, Internet Service or PCS non-long distance Service. All Services are provided subject to the availability of necessary and suitable facilities. BY SELECTING IT&E AS YOUR PRIMARY CARRIER, SUBSCRIBING TO AN IT&E CALLING CARD, ENROLLING IN, USING OR PAYING FOR IT&E SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THE PRICES TERMS AND CONDITIONS SET FORTH IN APPLICABLE IT&E SERVICE GUIDES PROVIDED ON IT&E’S WEBSITE AND INCORPORATED HEREIN. From time to time, IT&E may change those prices, terms or conditions or discontinue one or more Services. By continuing to use the Services, you agree to such modifications. In the event of a conflict, prices, terms or conditions of service contained in your Contract, if any, or applicable terms on IT&E’s website shall control over the terms of this Agreement. If these arrangements are not acceptable to you, do not use the Services and immediately notify IT &E at 646-8886 (in Guam) or 234-8521 (in Saipan).
 
1. CHARGES FOR SERVICES . You agree to pay IT&E for the Services IT&E provides at the prices set forth on IT&E Service Guides. IT&E may, at its sole discretion, change such prices at any time; provided, that no price increase will be effective less than fifteen (15) days after it is posted on IT&E’s website except where the increase is/are required to cover IT&E’s cost associated with changes in government programs (such as Universal Service Fund). IT&E will invoice you for Services one (1) month in arrears for usage. Invoices are due and payable upon receipt. Any invoices not paid within the month the Invoice was issued will be deemed past due and assessed a finance charge in the amount of one and one-half percent (1.5%) of the outstanding balance per month or such lesser maximum charge as permitted by applicable law. You agree to pay IT&E any and all costs and expenses (including reasonable attorneys’ fees) associated with the collection of any amounts due. IT&E reserves the rights: (a) to charge you a service fee in the event your check, bank draft or electronic funds transfer is returned for insufficient funds, and (b) to charge you a fee to reactivate Service where Service was interrupted due to your actions or failure to make required payment. You may terminate Service at any time but shall remain liable for charges incurred before termination and any other early termination fees that may have been agreed upon.
 
2. CREDIT CHECK/DEPOSIT. IT&E reserves the right to verify your credit as a condition of provisioning Service. IT&E reserves the right to collect a deposit from you or place a credit limit on your account. Any such deposit shall be returned upon termination of Service and satisfaction of all outstanding invoices or after one (1) year if you have not been delinquent on any payment due during that time.
 
3. EQUIPMENT. To the extent IT&E locates equipment on your premises, you will be liable for any loss of, or damage to, any IT&E facilities as a result of theft, injury or any other cause whatsoever unless such damage or loss is due to IT&E’s sole negligence. You understand and agree (subject to applicable Federal and local laws, rules and regulations) that equipment provided by IT&E in conjunction with the provision of Service remains the property of IT&E. You agree to obtain any rights IT&E reasonably requires to gain access to any such equipment. You agree to construct, maintain, and operate any equipment you provide which is used in conjunction with the Services in a manner, which does not interfere or harm IT&E’s facilities.
 
4. UNLAWFUL USAGE. You agree not to use the Services or allow the Services to be used for any illegal activities. You are responsible for all use and misuse, with or without your knowledge or consent, of the Services. You understand and agree that the use of IT&E’s Services without payment, as well as any attempt to avoid payment for Services by fraudulent means is prohibited.
 
5. FORCE MAJEURE. You agree that IT&E shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion, typhoon or other catastrophes; any law, order, regulation, action or request of a Federal or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; or strikes, lock-outs or other labor difficulties.
 
6. SERVICE DISCONNECTION. IT&E reserves the right to disconnect Service immediately without incurring liability in the following instances: (i) for non-payment of any sum due IT&E for more than thirty (30) days after the issuance of a valid invoice; (ii) for violations of this Agreement or applicable law; (iii) where required by reason of any order of a court, public service commission or federal regulatory body; (iv) when necessitated by conditions beyond IT&E’s reasonable control; (v) where reasonably necessary to prevent harm or interference to IT&E’s network; (vi) temporarily for routine maintenance.; or (vii) for excessive/high usage.
 
7. LIMITATION OF LIABILITY. You agree that your exclusive remedy and IT&E’s sole liability for any interruption or failure of any Service furnished pursuant to this Agreement shall be limited to IT&E’s issuing service credits to you, the amount of which shall in no event exceed the actual charges you incurred for the interrupted Service. IT&E’s policy concerning such service credits shall be posted on IT&E’s website. IT&E shall not be liable for any Service interruption caused by or any act or omission of any other carrier furnishing any portion of the Services or any entity furnishing to IT&E or to IT&E’s customer’s facilities or equipment used for or with the Services IT&E offers. IT&E’s LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO IT&E UNDER THIS AGREEMENT. IT&E SHALL HAVE NO LIABILITY FOR ANY LOSS OF DATA OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING FROM ANY SERVICES PROVIDED HEREIN OR ANY INTERRUPTION, FAILURE OF ANY SUCH SERVICE, EVEN IF IT&E HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IT&E MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AND NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ANY SERVICE, FACILITIES OR EQUIPMENT PROVIDED PURSUANT TO THIS AGREEMENT. IT&E assumes no responsibility for the availability or performance of any cable or satellite systems or related facilities under the control of third parties or for other facilities under the control of other entities, even if IT&E has acted as your agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or non pre-emptibility as may be provided by the other entities. IT&E shall not be liable for damages or adjustment, refund or cancellation of charges unless you have notified IT&E in writing of any interruption in Service or dispute concerning charges, including the basis of any claim for damages within thirty (30) calendar days after the invoice is rendered or a debit is effected by IT&E for the call giving rise to such dispute or claim.
 
8. INDEMNIFICATION. You agree that IT&E is not responsible for any third-party claims against IT&E that arise out of your use of the Service. You agree to indemnify and hold IT&E harmless against: (i) any claim for loss or injuries not directly attributable to the Services; (ii) claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material, date, information or other content transmitted over IT&E’s facilities; (iii) claims for patent infringement arising from combining or connecting IT&E’s facilities with your apparatus, systems, or equipment; and (iv) all other claims arising out of your acts or omissions in any Service provided by IT &E.
 
9. GENERAL TERMS. (a) Taxes. In addition to the prices set forth in the Sales Order Form and/or Letter of Agency, if any, and to the extent allowed by law, you agree to pay any and all applicable Federal or local taxes, or franchise, license or regulatory fees that might be assessed by the FCC from time to time. (b) Waiver. No waiver of any breach of this Agreement will be deemed a waiver of any future breach. (c) Governing Law. This Agreement shall be governed by and construed in accordance with local law where the Services are provided without regard to the conflicts of Law principles thereof. (d) Assignment/ No Third Party Rights. You agree that IT&E may assign this Agreement without notifying you. You may not assign this Agreement, or any interest herein or part hereof, by operation of law or otherwise, without the express written consent of IT&E. This Agreement does not provide any third-party with any remedy, right or claim. (e) Separability. If any provisions of this Agreement are declared to be illegal, invalid or unenforceable as a matter of law, the same shall not invalidate this Agreement, which shall be construed as if not containing such provisions, and the rights and obligations of the parties shall be construed and enforced as if a commercially reasonable provision has been substituted in place thereof. (f) Billing Errors. The liability of IT&E for errors in billing that result in overpayment by you shall be limited to credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. (g) Survival. The provisions of this Agreement, which may by their nature survive the termination or expiration of this Agreement including without limitation, Sections 6, 7 and 8, shall survive. (h) Telephone Carrier Designations. Where applicable, your selection of IT&E Telephone Service will apply to the telephone number(s) listed on the Letter of Agency and any associated numbers. (i) Calling Card Number, PIN or Authorization Code. Where applicable, Calling Card usage through the use of an authorization code or Card Number + PIN is an integral part of providing long-distance network services to you. It is your responsibility to ensure that only persons authorized to access IT&E Services have knowledge of the exclusive numbers. You shall not disseminate the same to any outside party, and shall limit access to such information to the fewest number possible, consistent with proper utilization of IT&E Services. Any use other than expressly provided herein shall be classified unauthorized use. Your only recourse in the event of unauthorized use of the Calling Card(s) shall be to give immediate written notice of such abuses to IT&E and to request deactivation of the same. Upon receipt of such notice, IT&E will deactivate the Calling Card(s) subject to unauthorized use and will provide a new exclusive Calling Card(s) within 48 hours of receipt of the written notice. You shall be responsible for payment of all charges for services accessed via exclusive numbers. IT&E reserves the right to charge you a $25 fee for each change of Calling Card (j) Miscellaneous. You agree to the following additional terms: (i) You understand that unauthorized use of the Services is illegal and may be punishable by law. (ii) You agree that IT&E is not responsible for poor quality of service caused by equipment not owned or installed by IT&E. (iii) You understand and agree that installation of Services may be done by an independent Contractor and that, due to adverse weather or technical complications, the installation may have to be rescheduled. IT&E is not liable if the installation date has to be changed; (iv) IT&E Services may be used to access other services, including pay-per-call services, which may be appropriate only for adults. You agree not to permit persons under the age of 18 to access such services and that IT&E will not be responsible for any minor accessing inappropriate adult materials; (v) You understand that IT&E may, in compliance with applicable law and at the direction of law enforcement personnel, permit law enforcement personnel to monitor the content of information passing through its Services or stored on its systems, regardless of origin; however, IT&E is not otherwise responsible for and shall not monitor such information. Access to other networks through use of the Services must comply with the rules appropriate for that network; (vi) You agree that the use of any information, programs or data obtained from use of the Service is at your own risk. IT&E specifically denies any responsibility for the accuracy or quality of information obtained from or through the use of the Services; (vii) Transmission of any material in violation of any law, including intellectual property law, is prohibited; (viii) You are responsible for canceling promotional offers at the end of the term or the monthly prevailing price will take effect; (ix) You must call IT&E customer service at 646-8886 (in Guam) or 234-8521 (in Saipan) to cancel any and all Services.

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