The following Terms and Conditions of Use (the"Terms") apply to the use of the iKappa website (the "Website") and all services provided by iKappa (the "Services"). Use of the website and the services is conditional on your agreement to the terms. You must read, agree with, and accept all of the terms and conditions contained in the terms and the Privacy Policy. By using the website, submitting payment to iKappa, or by clicking on the "I Accept" button, you indicate your continued acceptance of the terms, including future amendments, if any. If you do not comply with the terms during your use of the website and the services, you will no longer have the right to use the website and the services.

1. Services Provided.

iKappa offers you, among other things, the ability to make international telephone calls using regular telephones by dialing the access number(s) listed on the website or by entering a Personal Identification Number ("PIN") provided to you by iKappa. The services do not require that you change your current telephone service provider(s).

2. Opening an Account.

In order to become an iKappa customer, you must complete the application form on the website. As part of the application, you will provide us with your PIN.

Please do not register with a hotel, hostel, or public phone number when you open your iKappa account. If you have done so already, then kindly deregister immediately. You will be solely liable for all charges resulting from your registration of such phone numbers.

Once you have been accepted as an iKappa customer, we will send you an email confirming that you have become an iKappa customer. Please note that we may deny your application and registration, and refuse to provide you with the services if your credit is not deemed satisfactory or for any other reason, which determination shall be made at iKappa's sole discretion.

3. Usernames/Passwords/Personal Identification Numbers.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN, AND YOU AGREE TO PAY FOR THE SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. WE CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF YOUR CREDIT, DEBIT, OR CHARGE CARD OR PIN. If you believe that your account and/or PIN is being used in an unauthorized manner, you must notify us immediately so that we can take appropriate action. Please be aware that your account information will be sent to the e-mail address you provided us with when you applied to become an iKappa customer. You are responsible for maintaining a current, operational and secure email address and for promptly reading emails from us so that we can notify you of updates of the website and the services and provide information concerning your account. We are not responsible if others can access your email account and obtain your account information.

4. Access Numbers.

To access the services, you must dial an access number listed on this website. If you are not calling from a phone number registered by you, you will be asked to enter your PIN before you can dial the destination telephone number. However, at the sole discretion of iKappa, you may be required to enter your PIN even when dialing from your registered phone number. Calls in progress will be terminated if your account balance is insufficient to cover the cost of continuing the call.

Before using our access numbers, you should check with your local telephone service provider to ensure that no toll or other additional charges are associated with calls to that access number. We will not reimburse you for any charges assessed by your local phone company as a result of dialing our access numbers. Similarly, if you use a cellular phone to dial our access numbers, we are not responsible for any additional charges your cellular service provider may levy on your account for using the services on your cellular phone. Please note that there might be a payphone surcharge of 80 cents per call, depending on the owner of the specific payphone.

5. Customer Service.

If you have questions, concerns or complaints about the services, you may contact our customer service department 24 hours a day, 7 days a week by e-mail at support@iKappa.com

6. International Calling Rates and Charges.

Our rates and charges are listed on the website. The rates and charges for any particular call may depend on a number of factors, including whether you are calling from a payphone or your personal home or mobile phone. We may change the rates and charges for the services and offer special promotions from time to time. We may increase or decrease rates or charges at any time upon five (5) days notice.

7. Rating of International Calls

Charges for telephone calls are measured in seconds. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or iKappa's network receives an "on -hook" signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on the website at least five (5) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately.

8. Taxes and Other Charges.

You must pay all taxes, fees, surcharges and other charges that we bill you for the services, unless you can show documentation satisfactory to us that you are exempt. Taxes, fees, surcharges and other charges will be in the amounts that federal, state and local authorities require us to bill you. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.

9. Payment.

Prepayments must be made in certain dollar denominations, with a minimum of $5.00. You agree to pay for the services at the rates and charges listed on the website. If the charge to your credit, debit or charge card is not accepted (e.g. the card is no longer valid or you have instructed the credit, debit, or charge card company to block, reject or refuse to pay such charge) for any reason other than your disputing in good faith the validity of service charges, we may charge you an additional fee as well as a late fee of 1.5% per month, which we will apply to that period's unpaid balance and any outstanding amounts that remain unpaid at the time of the next bill. If the state law where you receive the services requires a different fee or rate, we will charge that fee or apply that rate. iKappa may suspend the services and freeze your account until all amounts due are paid and iKappa may set a minimal deposit at its sole discretion, before restoring the services.

10. Billing Information and Monthly Statements.

All iKappa customers will have confidential access to their billing or usage information for the current and previous month - on the website under "My Account" 24 hours a day/ 7 days a week.

11. Billing Disputes.

You are responsible for reviewing your monthly statements or billing information, as the case may be. You must notify us by e-mail (support@iKappa.com) of any disputed charges within thirty (30) days of the charge being posted to your account, after which term all charges are deemed to be accepted. To the extent we determine that a billing adjustment is warranted, we will credit or debit your account accordingly. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding that particular charge.

12. Cancellation and Discontinuation .

You may discontinue using the services at any time by notifying us by e-mail (support@iKappa.com). We will then shut down access to your account. In all cases, you will remain responsible for payment of all charges for services rendered up through the date you discontinue the services. In case of your termination of your account, iKappa will refund all credits above $2.50. iKappa may from time to time discontinue certain services, subject to applicable law and regulation.

13. Expiration Policy.

We may, in our sole discretion, elect to terminate your account and your PIN after six (6) months of inactivity (measured from the date of last use). In such a case we will notify you by email twice, the first time at least thirty (30) days before the termination date, the second time within one (1) week of the termination date. If you desire to keep your account active, you may request this by notifying us via e-mail (support@iKappa.com). Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your account and your PIN. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid account as of the date it expires.

14. Fraudulent Use; Termination by iKappa.

You will not use the website and the services for any unlawful, abusive, or fraudulent purpose, including, for example, using the website and the services in a way that (1) interferes with our ability to provide services to you or other customers or access to our website; or (2) avoids your obligation to pay for the services. If we have reason to believe that you or someone else using your PIN or account is abusing the services or any of the promotion campaigns or using them fraudulently or unlawfully, we may immediately suspend, restrict, or cancel your account and your ability to use the services without notice. In all instances, we reserve the right, at our sole discretion and for any reason, to (a) suspend, restrict or terminate your account and your access to the services and/or (b) refuse to allow you to recharge your prepaid account.

15. Outstanding Charges.

If your account is suspended, restricted, or cancelled, you are still responsible for any charges that accrue through the date that we fully have processed the suspension, restriction or cancellation. You must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us. If we elect to reactivate your account and your ability to use the services, we may require that you prepay or pay a deposit and/or a service restoration fee.

16. Disclaimer of Warranties.

THE WEBSITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, LINKS, MATERIALS, ADVERTISEMENTS AND INFORMATION AVAILABLE ON OR ACCESSED BY MEANS THEREOF, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, iKappa MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR (1) THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE BY MEANS OF THE WEBSITE, (2) FOR ANY DATA, PRODUCTS, SERVICES, AND INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE WEBSITE, (3) FOR ANY "VIRUSES" OR MALICIOUS COMPUTER CODE TRANSMITTED ON OR THROUGH THE WEBSITE, OR (4) FOR ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO THE WEBSITE OR YOUR INFORMATION. iKappa DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. iKappa DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. iKappa IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY CUSTOMER OR USER OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER OF THE WEBSITE OR THE SERVICES, CUSTOMER, OR THIRD PARTY, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

17. Limitation of Liability.

USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK AND iKappa IS NOT LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, iKappa WILL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT OF CHARGES OVER THE THIRTY (30) DAYS PERIOD IMMEDIATELY PRECEDING YOUR WRITTEN NOTIFICATION OF DAMAGES TO iKappa. iKappa WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL iKappa BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, THE WEBSITE OR SERVICES THROUGH TOLL OR LOCAL ACCESS NUMBERS. AS INDICATED EARLIER, iKappa IS NOT LIABLE FOR ANY TOLL OR OTHER ADDITIONAL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER.

18. Indemnity.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD iKappa, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS, INCLUDING COSTS AND ATTORNEYS' FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR ACCESS TO, AND/OR USE OF, THE WEBSITE AND THE SERVICES, (II) THE USE OF YOUR ACCOUNT, OR (III) THE VIOLATION OF THESE TERMS BY YOU.

19. Dispute Resolution.

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 OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. The arbitration process established by this Section 19 is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16. You agree that all disputes, claims and/or controversies between you and iKappa (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration in accordance with the provisions of this Section 19, and you waive all rights to take a dispute or claim to a small claims court or any other judicial forum. In case you are a consumer, the arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this agreement, which are in effect on the date the dispute is submitted to the AAA. In case you are not a consumer, the arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules, as modified by this agreement, which are in effect on the date the dispute is submitted to the AAA. The arbitration will be conducted by a single arbitrator, who shall be an individual engaged in the practice of law. The arbitrator shall be selected by the AAA in accordance with its procedures. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this agreement and may not limit, expand, or otherwise modify its terms. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE OR PROVIDED FOR IN THIS AGREEMENT. YOU AND iKappa BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. Before you take a dispute to arbitration, you must first contact us by e-mail at support@iKappa.com and provide us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or iKappa is notified by the other party in the dispute, then either party may contact the AAA in writing at the appropriate of the four AAA Case Management Centers indicated on the AAA's website (www.adr.org) and request arbitration of the dispute. Information about the arbitration process and the AAA's applicable arbitration rules and its fees are available from the AAA on the internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this agreement shall be confidential as permitted by federal law. By notifying us within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for document arbitration will be allocated according to the AAA's Rules, except as stated herein. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. You may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA's rules and policies is available at the AAA's website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, then we may seek to recover the AAA's fees and expenses of the arbitrator from you. STATUTE OF LIMITATIONS: ANY DISPUTE, CLAIM AND/OR CONTROVERSY IS TIME-BARRED UNLESS THIS SECTION 19 HAS BEEN INVOKED WITHIN ONE YEAR FROM THE POINT IN TIME, THE DISPUTE, CLAIM AND/OR CONTROVERSY HAS ARISEN.

20. Agents and Resellers.

No agent or reseller is permitted to sell the services, electronically or through phone cards, unless specifically authorized by iKappa in writing. If you are contacted by third party selling the services, you should contact us to find out whether it is an authorized party.

21. Acts Beyond Our Control.

Except for your obligation to pay for the services, neither of us is liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.

22. Trademarks.

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of iKappa, including but not limited to, "iKappa" and "iKappa.com" ("rights") are and shall remain the exclusive property of iKappa, and iKappa does not grant you a license to use such rights, unless agreed upon by separate written agreement.

23. Assignment.

iKappa may assign all or part of its rights and duties under this agreement to any party at any time without further notice. In case of such assignment, iKappa will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this agreement without our prior written permission.

24. Severability.

If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this agreement will continue in full force and effect.

25. Integration - Entire Agreement.

This agreement, together with any written amendments or written modifications and the privacy policy posted on the website, will constitute the entire agreement between you and iKappa with respect to the website and services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and iKappa. No written or oral statement, advertisement or service description not expressly contained in the agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by iKappa that is not included in this agreement.

26. Governing Law.

The relationship between you and iKappa is governed by U.S. Federal law and the laws of the State of New York, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the services.

27. Waiver.

Either party's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right.

28. Compliance with Laws.

You agree to use the website and the services in a lawful manner that is consistent with the terms and conditions of this agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained herein, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your account and PIN in the event we determine that you have violated any such term, condition, law and/or regulation.