IMPORTANT — PLEASE READ CAREFULLY
DESCRIPTION OF SERVICE: The Service allows you to pay for and make Voice over Internet Protocol (VoIP) outbound calls.
DialOut™ service is offered in partnership with Q Media Center’s termination partner, Fonet Global. Customer support and billing is provided by Fonet Global.

These Terms of Service apply to the agreement between QMC IPMedia and you, as a user, for the use of the VoIP service. You must enter into this Agreement in order to use the VoIP service.

NO EMERGENCY CALLS: You acknowledge and agree that the DialOut service does not intend to support or carry emergency calls.

Furthermore, by using your Account and the VoIP service you agree to be bound by these Terms of Service and any new versions hereof.

INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights regarding the VoIP service, including but not limited to the software and related documentation licensed and/or owned by QMC IPMedia shall be and shall remain the sole property of QMC IPMedia. Providing of the VoIP services does not imply any transfer of intellectual property rights.

LICENSE: You shall only obtain a non-exclusive and non-transferable right for the use of the VoIP services. You commit yourself to adhere strictly to any conditions laid down in the Terms of Service or imposed in any other way.

ELECTRONIC SIGNATURES
You acknowledge and agree that by clicking on the button labeled “DOWNLOAD”, “ACCEPT”, “Buy Credit Now” or any check boxes next to such labels or such similar links as may be licensed by QMC IPMedia to download the Q Application to accept the terms and conditions of this Agreement, you are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATION IN ORDER TO ENTER INTO CONTRACTS, PLACE ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE Q APPLICATION OR SERVICES. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

REGISTRATION OBLIGATIONS
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete Registration Data, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or QMC IPMedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QMC IPMedia has the right to suspend or terminate your account, without notice to you, and cancel any and all current or future use of the Service (or any portion thereof) without any refund. You may not enter into this Agreement if you are residing in a jurisdiction which restricts the use of internet-based applications or it is forbidden by law to use the VoIP service. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the VoIP service is allowed.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, acceptable Content and use of the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You are responsible for using the service in accordance with all the local laws and regulations. QMC IPMedia is not responsible for your failure to do so.

GENERAL TERMS
a. QMC IPMedia will not be liable for any disruption, delays, eavesdropping or other omissions in the VoIP service.
b. QMC IPMedia is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the VoIP service or any part thereof, without any notice to you.
c. QMC IPMedia will not be liable for any type of communication spread by means of the VoIP service.
d. You acknowledge and understand that the VoIP service is not a traditional telephone service or a replacement for your primary telephone service.
e. You will use the VoIP service in accordance with these Terms of Service and the End User License Agreement.
f. Damaka will be entitled to suspend the provision of the VoIP service if any data that is required for providing the VoIP service is not available to QMC IPMedia.
g. You agree not to resell the VoIP service to any third party.
h. You acknowledge and agree to use the VoIP service solely for lawful purposes.
ACCOUNT: You are solely responsible for maintaining the confidentiality of your QMC IPMedia ID and Password. You are responsible and liable for all activities conducted through your QMC IPMEdia ID and Password, even if this occurs without your permission.

NOTIFICATION: You agree to immediately notify QMC IPMedia in writing of any unauthorized and/or fraudulent use of your QMC IPMedia ID and Password. You agree to indemnify QMC IPmedia against any and all third party claims and all related liabilities arising out of, or relating to, the use of your QMC IPMedia ID and Password. QMC IPMedia will not be liable for any damages resulting from the unauthorized and/or fraudulent use of your QMC IPMedia ID and/or Password.

CREDIT: For DialOut™ Service You must deposit credits on your account by credit card. New accounts paid by credit card are activated immediately upon receipt and validation of credit information. For such activation, you must give QMC IPMedia a valid credit card number. QMC IPMedia reserves the right to stop accepting credit cards from one or more issuers.

RATES: Each time you use the Service (by initiating an outbound call), you agree to be charged at the then-current calling rates, which are located at www.ipmedia.fi/rates.htm for each minute of your call.
Charges for DialOut services shall be calculated by multiplying the duration of the call by the applicable tariff. The duration of a call shall be based on one-minute increments. During the call, charges incurred will be deducted automatically from your DialOut™ account.

PAYMENT: The credit card that you provide as part of your Registration Data will be automatically billed. All currency references are in U.S. dollars. You shall pay QMC IPMedia any applicable tariffs in connection with your purchase of DialOut™ credits.

TARRIFS: QMC IPMedia reserves the right to change the tariffs at any time.

CHARGE ERROR: In the event you believe that you have been charged due to an error, you must contact customer services within 30 days after such charge. QMC IPMedia reserves the right to not give any refunds or adjustments for any charges which are more than 30 days old.

BALANCE: You can only make use of the VoIP service when Your Account has a positive and sufficient credit balance.

REFUND POLICY: You can request a refund for unused and unexpired VoIP service or unused QMC IPMEdia Credit at any time by contacting Customer Support. QMC IPMedia reserves the right not to refund if the refund request is baseless and not legitimate. Refund requests carried out through other means shall not be eligible for the refund. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.

PRIVACY POLICY: QMC IPMedia is committed to respecting your privacy and the confidentiality of your personal and traffic data. The Privacy Policy, published on QMC IPMedia’s website at www.qmc.fi/privacy.htm applies to the use of personal data and the traffic data, as well as the confidential information transmitted via the VoIP services.

DAMAGES: The damages in any form shall be limited to the amount actually paid by you for the VoIP service during the year in which such damages occurred. To the maximum extent permitted by applicable law, QMC IPMedia shall not be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the VoIP service), even if QMC IPMedia has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
By agreeing to DialOut™ Terms of Service you acknowledge and accept that QMC IPMedia does not offer Emergency Services. You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept Your responsibility to purchase, separately from DialOut™ service, traditional phone service that offers access to Emergency Services.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

FORCE MAJEURE: You acknowledge and understand that the VoIP service does not function and QMC IPMedia will not be in breach of any of its obligations towards you under these Terms of Service in the event of a force majeure event. A force majeure event means any event beyond the control of QMC IPMedia including, but not limited to, an act of God, insurrection or civil disorder, war or military operations, national or local emergency, a serious and sustained power outage or severe Internet service disruption, flood, subsidence, or weather conditions of exceptional severity.

TERM: The Agreement will be effective as of the date of your acceptance thereof or as of the date of your first use of any of VoIP Services, and will remain effective until terminated by either party as set forth in these Terms of Service.

SURVIVAL: All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of your representations, warranties and indemnification obligations.
QMC IPMedia reserves the right to modify these Terms of Service at any time by providing such revised Terms of Service to you or by publishing the revised Agreement on the Web Site. Your continued use of the VoIP service after expiry of said period of time shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. QMC IPMedia reserves the right to adjust the VoIP service at any time. If you do not wish to accept these revised Terms of Service, you are entitled to terminate your account by contacting the customer support.

ENTIRE AGREEMENT: These Terms of Service together with the End User License Agreement constitute the entire agreement between You and QMC IPMedia with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
Should any term or provision hereof be deemed invalid, void either in its entirety or in a particular application, the remainder of these Terms of Service shall nonetheless remain in full force and effect.
You are not allowed to assign this contract or any rights hereunder.

QMC IPMedia is allowed to, at its sole discretion, assign this contract or any rights hereunder to any third party, without giving prior notice.
The Agreement shall be governed by and construed in accordance with the laws of Finland without giving effect to principles of conflict of laws. You hearby consent to the exclusive jurisdiction and venue of Oulun Käräjäoikeus, Finland to resolve into this Terms of Service.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.

All questions concerning this Terms of Service shall be directed to QMC IPMedia Oy. Elektroniikkatie 3, 90570 Oulu Finland.
April 15. 2007