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HomeMy WebLinkAbout20081118Proposed Tariff.pdf/i/r -i -08-- ( NET T ALK.COM, INC. T ARRIF FILINGS RECEIVED iOO8 NOV - 7 PM 2= 00 iDAHO FUBLICUTIUTIES COMMIŠSION NETTALK.COM, INC Idaho CLEC Application 24. NET TALK.COM, INC.Idaho Access Informational Price List Original Page 1 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INORMTIONAL PRICE LIST TITLE PAGE IDAHO INTRASTATE ACCESS SERVICES PRICE LIST OF NET TALK.COM, INC. This Informational Price List contains the descriptions , regulations, and rates applicable to the provision of access services provided by NET T ALK.COM, INC. ( "Company" or "the Company"), with principal offices at 1100 NW 163rd Dr Ste. 3, North Miami Beach, Florida 33169, for services furnished within the State of Idaho. Copies may be inspected, during normal business hours, at the Company's principal place of business. e NET TALKCOM, INC.Idaho Access Informational Price List Original Page 2 Effective:Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST CHECK SHEET Pages of this Informational Price List, as indicated below, are effective as of the date shown at the top of the respective pages. Original and revised pages, as na med below, comprise all changes from the original Informational Price List and are currently in effect as of the date on the top of this page. PAGE REVISION PAGE REVISION PAGE REVISION 1 Original *26 Original *51 Original * 2 Original *27 Original *52 Original * 3 Original *28 Original *53 Original * 4 Original *29 Original *54 Original * 5 Original *30 Original *55 Original * 6 Original *31 Original *56 Original * 7 Original *32 Original *57 Original * 8 Original *33 Original *58 Original * 9 Original *34 Original * 10 Original *35 Original * 11 Original *36 Original * 12 Original *37 Original * 13 Original *38 Original * 14 Original *39 Original * 15 Original *40 Original * 16 Original *41 Original * 17 Original *42 Original * 18 Original *43 Original * 19 Original *44 Original * 20 Original *45 Original * 21 Original *46 Original * 22 Original *47 Original * 23 Original *48 Original * 24 Original *49 Original * 25 Orginal *50 Original * * - indicates those pages revised as of the date indicated at the top of this page NETTALKCOM, INC.Idaho Access Informational Price List Original Page 3 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST TABLE OF CONTENTS Page CHECK SHEET................................................................................................................... .............. 2 TABLE OF CONTENTS............................................................................................................. ...... 3 EXPLANATIONS OF SYMBOLS ................................................................................................... 4 INFORMTIONAL PRICE LIST FORMT SHEET...................................................................... 4 SECTION 1 - DEFINITIONS AND ABBREVIATIONS ................................................................ 5 SECTION 2 - RULES AND REGULATIONS ................................................................................. 14 SECTION 3 - SWITCHED ACCESS SERVICE ............................................................................. 43 SECTION 4 - RATES AND CHARGES.......................................................................................... 55 SECTION 5 - SPECIAL CONTRACTS, ARRNGEMENTS AND CONSTRUCTION............... 57 NET TALKCOM, INC.Idaho Access Informational Price List Original Page 4 Effective: Oct 302008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST EXPLANATION OF SYMBOLS The following symbols shall be used in this Inform ational Price List for the purose indicated below: (C) - To signify changed regulation. (D) - To signify discontinued rate or regulation. (I) - To signify increased rate. (M) - To signify a move in the location of text. (N) - To signify new rate or regulation. (R) - To signify reduced rate. (S) - To signify reissued matter. (T) - To signify a change in text but no change in rate or regulation. INFORMATIONAL PRICE LIST FORMAT A. Pa~e Numberin~ - Page numbers appear in the upper right caner of the page. Each page is numbered sequentially. However, a new page is occasionally added to the Informational Price List. When a new page is added between those already in effect, a decimal is added. For exaple, a new page added between page 15 and page 16 would be page 15.1. B. Pa~e Reyision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current pa ge version on file. For exaple, the 4th Revised Page 15 cancels the 3rd Revised Page 15. C. Paragraph Numbering Sequence - Each level of paragraph numberingherein is subservient to its next higher level as shown: 2 2.1 2.1.1 2.1. LA 2.1. I.A.(l) 2.1. 1.A.(l)( a) NET TALKCOM, INC.Idaho Access Informational Price List Original Page 5 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS Access - A connection between a Customer Premises and a Point of Presence of an interexchange carer for the transmission of voice, data or video/image information. Access Line - An arrangement that connects the Custom er's local exchange line to a Company designated Switching Center or Point of Presence. Access Minutes - The increment for measuring usage of exchange facilties for the purpose of calculating chargeable usage. Access Service Request (ASR) - The service order form used by access service Customers and the Company for the process of establishing, moving or rearanging access services provided by the Company. Access Tandem - A switching system that provides a trffc concentration and distribution fuction for originating or terminating traffc between End Off ces and the Customer's Premises or Point of Presence. Account - Either a Customer's physical location or individual Service represented by a unique account number within the biling system. Multiple services each with a unique account number may be par of one physical location. Answer Supervision - The transmission of the sw itch trnk equipment supervisory signal (off-hook or on- hook) to a carier's Point of Presence or customer's term inal equipment as an indication that the called par has answered or disconnected. Application for Service - The Net Talk order process th at includes technical, biling and other descriptive information provided by Customer that allows Net Talk to provide requested communications Services for Customer and Customer's Authorized Users. Upon accei:nce by Net Talk, the Application for Service becomes a binding contract between Customer and Net Talk for the provision and acceptace of Service. Authorized User - A person, firm, corporation, or other entity that is authorized by Customer to be connected to the Service of Customer. NET TALK COM, INC.Idaho Access Informational Price List Original Page 6 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) Automatic Number Identification (ANI) - The automa tic trsmission of a caller's biling account telephone number to a local exchange company, interexchange ca rrier or a third par Customer. The primar purpose of ANI is for biling toll calls. Bit - The smallest unit of information in a binar system of notation. Bps - Bits per second. The number of bits transmitted in a one second intervaL. Business Hours - The phrase "Business Hours" generally means the time beginning at 8:00 a.m. and ending at 5 :00 p.m. local time at the place of Company operation, Monday through Friday excluding holidays. Business Offce - The phrase "Business Offce" means the primar location where the busines operations of Net Talk are performed and where a copy of the Compan)S Informational Price Lists are made available for public inspection. The Company's business offce is located at 1100 NW 163rd Dr. Ste. 3 N Miami Beach Fl 33169. Call - A Customer or End User attempt for which the complete address code (e.g., 0-, 911, or 10 digits) is provided to the Serving Wire Center, End Office or Access Tandem Switch. Central Offce - The premises of the Company or another local exchange carier containing one or more switches where Customer or End User station loops ar e terminated for purposes of interconnection to other station loops, trnks or access facilties. Channel'- A communications path between two or more points. CIC - An interexchange carier identification code. Company or Carrier - Used throughout this Informationà Price List to indicate NET TALK COM, INC. Competitive Local Exchange Carier - ("CLEC") or Alternative Local Exchange Carrer ("ALEC") - means any entity or person providing local exchange services in competition with an ILEC or LEC. NET TALK COM, INC.Idaho Access Informational Price List Original Page 7 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) Constrctive Order - Delivery of calls to or accepta nce of calls from the Customer's End Users over Company-switched local exchange services constitutes a Constrctive Order by the Customer to purchase switched access services as described herein. Similarly the selection of the Customer by an End User as the End User's PIC constitutes a Constrctive Order for switched access by the Customer. CPE - Customer Premises Equipment. All Terminal Equipment or other communications equipment and/or systems provided by the Customer for use with the Company's facilities and services. Customer - Any person, firm, partership, corprati on or other entity that uses service under the terms and conditions of this Informational Price List and is responsible for the payment of charges. In most contexts, the Customer is an interexchange carrier utilzing th e Company's Switched Access services described in this Informational Price List to reach its End User customer(s). Customer Premises - The premises specified by the Customer for termination of access services. Typically an interexchange carrer's Point of Presence. Dedicated Access - Where originating or terminating access between an end user and an interexchange carier are provided via dedicated facilties, circuits or channels. A method of reaching the Customer's communication and switching systems whereby the End User is connected directly to the Customer's Point of Presence or designate without utilzing the services of the local switched network. Delinquent or Delinquency - An account for which payment has not been made in full on or before the last day for timely payment. DSO - Digital Signal Level 0; a dedicated, full duplex dig ital channel with line speeds of 2.4, 4.8, 9.6, 19.2, 56 or 64 Kbps.DS 1 - Digital Signal Levell; a dedicated, high capacity, full duplex chanel with a line speed of 1.544 Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or Bipolar with 8 Zero Substitution (B8ZS) and either Superfame (D4) or Extended Superfame (ESF) formats. DS 1 Service has the equivalent capacity of 24 Voice Grade or DSO services. NET TALK COM, INC.Idaho Access Informational Price List Original Page 8 Effective: Oct 302008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) DS3 - Digital Signal Level 3; a dedicated, high capac ity, full duplex chanel with a line speed of 44.736 Mbps isochronous serial data having a line code of bipolar with thee zero substitution (B3ZS). Equivalent capacity of28 DSI Services. Dual Tone Multifrequency (DTMF) - Tone si gnaling, also known as touch tone signaling. End Offce - The Central Offce from which the End User's Premises would normally obtain local exchange service and dial tone from the Company or other local exchange carier. End Office Switch - A Company switching system where Customer or End User station loops are terminated for purposes of interconnection to other station loops, trnks or access facilties. In most contexts, the End User is connected via station loops or trnks to an End Offce Switch. End User - Any person, firm, parership, corporati on or other entity that uses the service of the Company under the terms and conditions of this Informational Price List. In most contexts, the End User is the customer of an interexchange carier who in turn utili zes the Company's Switched or Dedicated Access services described in this Informational Price List to provide the End User with access to the IC's communication and switching systems. End User Premises - The premises specified by the CUsOmer or End User for termination of access services at the End User's physical location. Equal Access - Where the local exchange company central offce provides interconnection to interexchange cariers with Feature Group D circuits. In such E nd Offces, Customers can presubscribe their telephone line(s) to their preferred interexchange carier. A formof dialed access provided by local exchange companies whereby telephone calls dialed by the Customer are automatically routed to the Company's network. Customers may also route calls to the Company's network by dialing an access code provided by the Company. Exchange - A group of lines in a unit generally smalle r than a LATA established by the Company or other local exchange carer for the administration of communcations service in a specified area. An Exchange may consist of one or more central offices together with the associated facilties used in furnishing communications service within that area. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 9 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) Exchange Message Interface ("EMI") - The industry standard format used for exchange of telecommunications message information among cariers. Facility (or Facilities) - Any item or items of communications plant or equipment used to provide or connect to Net Talk Services. FCC - Federal Communications Commission. Gbps - Gigabits per second; bilions of bits per second. Holiday ~ The term "holiday" means 8:00 a.m. to, but not including 11 :00 p.m. local time at the originating city on all Company-specific holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When holidays fall on Saturdays or Sundays, the holiday rate applies unless a larger discount would normally apply. Host Offce - An electronic switching system that provides call processing capabilities for one or more Remote Switching Modules or Remote Switching Systems. Individual Case Basis or ICB - A process whereby the te rms, conditions, rates and/or charges for a service provided under the general provisions of this Informational Price List are developed or modified based on the unique circumstances in each case. Interstate - For the purpose of this Informational Pri ce List, the term Interstate applies to the regulatory jurisdiction of services used for communications between one or more originating and terminating points located in different states within the United States or between one or more points in the United States and at least one international location. Intrastate - For the purose ofthis Informational Pri ce List, the term Intrastate applies to the regulatory jurisdiction of services used for communications between one or more originating and terminating points, all located within the same state. Interexchange Carier (IXC or IC) - A long distance telecommunications services provider that fuishes services between exchange areas. Kbps - Kilobits per second; 1000s of bits per second. NET TALK COM, INC.Idaho Access Informational Price List Original Page 10 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) LATA - Local Access and Transport Area. A geographic area for the provision and administration of communications services existing on Februar 8, 1996, as previously established by the U.S. Distrct Court for the District of Columbia in Civil Action No. 82-0192; or established by a Bell operating company after Februar 8, 1996 and approved by the FCC; or any other geographic area designated as a LATA in the National Exchange Carrier Association (NECA) Informational Price List F.C.C. No.4. Local Access Facility - The channel provided by the LEC (or other local service provided) to connect the Point-of-Presence to a Customer location. Local Exchange Company (LEC) - A company that furnishes local exchange telephone services. Mbps - Megabits per second; milions of bits per second. Message - See Call. N/ A - Not Applicable. Night/Weekend - The words "night/weekend" mean 11 :00 p. m. to, but not including, 8:00 a.m. local time in the originating city, all day on Saturday, and all da y Sunday except from 5:00 p.m. to, but not including, 11:00 p.m. Non-business Hours - The phrase "non-business hours" trans the time period after 5:00 p.m. and before 8:0 a.m., Monday through Friday, all day Saturday, Sunday, and on holidays. Non-Recurring Charge ("NRC") - The initial charge, usually assessed on a one-time basis, to initiate and establish a service or feature. NPA - Numbering Plan Area or area code. Off-Hook - The active condition of Switched A ccess service or a telephone exchange line. On-Hook - The idle condition of Switched A ccess service or a telephone exchange line. Originating Direction - The use of Switched Access Servi ce for the origination of calls from an End User's Premises to a Customer's Point of Presence. Other Common Carier - The term "other common cari er" denotes a specialized or other tye of common carier authorized by the Federal Communications Commission to provide domestic or international communications service. PIC Authorization - A Customer's or End User's selection of a PIC that meets the requirements of federal and state law. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 11 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) PIC - Primary Interexchange Carrier. Point of Presence or POP - The physical location associated with an interexchange carier's communication and switching systems. Point of Termination - The point of demarcation within a Customer or End User Premises at which the Company's responsibility for the provision of access service ends. The point of demarcation is the point of interconnection between Company communications fac ilities and Customer-provided or End User-provided facilities as defined in Par 68 of the Federal Communications Commission's Rules and Regulations. Premises - A building, portion ofa building in a multi- tenant building, or buildings on continuous propert not separated by a highway. May also denote a Custome r-owned enclosure or utilty vault located above or below ground on private propert or on Customer acquired right-of-way. Pre subscription - An arangement whereby a Customer selects and designate to the Company or other LEC a carier he or she wishes to access, without an access code, for completing interLA TA and/or intrATA toll calls. The selected carer is referred to as the Primar Interexchange Carrer (PIC). Primar Interexchange Carier (PIC) - The interexchange carier (IXC) designated by the Customer as its first routing choice and primar overfow carrier for routing of 1 + direct dialed and operator assisted non-local calls. Private Line - A service that provides dedicated path between one or more Customer Premises. Query - The inquiry to a Company database to obtain information, processing instrctions or service data. Recurrng Charge - The charges to the Customer for services, facilities or equipment, which continue for the agreed upon duration of the service. Recurring charges do not vary based on Customer usage of the services, facilties or equipment provided. Remote Switching Modules or Remote Switching Systems (RSMlSS) - Smal remotely controlled electronic End Office Switching equipment which obtains its call processing capabilty from a Host Office. An RSMlSS cannot accommodate direct trnks to a Customer. Services - Net Talk's common carier communications services provided under this Informational Price List. Service Commencement Date - The first day following the date on which the Company notifies the Customer that the requested service or facilty is available for use, unless extended by the Customer's refusal to accept service which does not conform to stadards in the service order or this Informational Price List, in which case the service commencement date is the date of th e Customer's acceptace. The Company and Customer may mutually agree on a substitute service commencement date. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 12 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) Service Order - A written request for network services executed by the Customer and the Company. The signing of a Service Order by the Customer and acceptae by the Company begins the respective obligations of the paries in that order for services offered under this Informational Price List. Serving Wire Center Switch - A Company switching system where Customer or End User station loops ar terminated for purposes of interconnection to other sta tion loops, trnks or access facilities. In most contexts, the Customer is connected via station loops or trnks to a Serving Wire Center Switch. Special Access - See Dedicated Access. Station - Refers to telephone equipment or an ex change access line from or to which calls are placed. Switch - The term "switch" denotes an electronic device that is used to provide circuit sharng, routine, and control. Switched Access - Where originating or terminating access between an end user and an interexchange carier is provided via Feature Group facilities, circuits or ch annels provided by a local exchange carier. A method of reaching the Customer's communication and switching systems whereby the End User is connected to the Customer's Point of Presence or designate using services of the local switched network. Tandem Switch - See Access Tandem. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 13 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 1 - DEFINITIONS AND ABBREVIATIONS, (CONT'D) Terminal Equipment - Telecommunications devices, apparatus and associated wiring on the Customer- designated premises. Terminating Direction - The use of Switched Access Serv ice for the completion of calls from a Customer's Point of Presence to an End User Premises. Timely Payment - A payment on a Customer's account made on or before the due date. Trunk - A communications path connecting two switching systems in a network, used in the estblishment of an end-to-end connection. Trunk Group - A set of trnks, which are traffc engineered as a unit for the establishment of connections between switching systems in which all of th e communications paths are interchangeable. Underlying Carier - A provider of interstate te lecommunications services from whom Net Talk acquires facilties or services that it utilzes to provide Net Talk services to Customers. V & H Coordinates - Geographic points which define th e originating and terminating points of a call in mathematical terms so that the airline mileage of th e call may be determined. Call mileage may be used for the purpose of rating calls. NET TALK COM, INC.Idaho Access Informational Price List Original Page 14 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS 2. i Undertking of NET TALK COM, INC. 2.1. i The Company undertes to furnish switc hed or dedicated access communications service pursuant to the terms of this Informational Price List. 2.1.2 The Company's services and facilties are available twenty-four (24) hours per day, seven (7) days per week. 2.1.3 The Company is responsible under this Informational Price List only for the services and facilities provided hereunder, and it assumes no responsibilty for any service provided by any other entity that purchases access to the Comp any network in order to originate or terminate its own services, or to communicate with its own customers. 2.1.4 The Company aranges for installation, ope ration, and maintenance of the communications services provided in this Informational Price Lst for Customers in acccrdance with the terms and conditions set forth under this Informa tional Price List. The Customer shall be responsible for all charges due for such service arrangements. 2.2 Use of the Company's Service 2.2.1 Services provided under this Informational Price List may be used by the Customer for any lawful telecommunications purpose for which the service is technically suited. 2.2.2 The services the Company offers shall not be used for any unlawfl purose or for any use as to which the Customer has not obtained all nquired governmental approvals, authorizations, licenses, consents and permits. 2.2.3 Any service provided under this Informational Price List may be resold to or shared Gointly used) with other persons at the Customer's option. The Customer remains solely responsible for all use of service ordered by it or biled to its account(s) pursuant to this Informational Price List, for determining who is authorized to use its service, and for promptly notifying the Company of any unauthorized use. The Customer may advise its customers that a portion of its service is provided by the Company, but the C\lstomer shall not represent that the Company jointly paricipates with the Cust omer in the provision of the service. The Company may require applicants for service w ho intend to use the Company's offerings for resale, shared and/or joint use to file a lette r with the Company confirming that their use of the Company's offerings complies with rele vant laws and the Commission's regulations, policies, orders, and decisions. NET TALK COM, INC.Idaho Access Informational Price List Original Page 15 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.3 Limitations 2.3.1 The Company does not undertke to transmit messages, but offers the use of its facilities when available, and wil not be liable for errors in transmission or for failure to establish connections. 2.3.2 The furnishing of service under this Informati:mal Price List is subject to the availabilty on a continuing basis of all the necessar facilities and equipment and is limited to the capacity of the Company's facilties as well as facilities th e Company may obtain from other carers, from time to time, to fuish service as require d at the sole discretion of the Company. 2.3.3 The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company, when necessar because oflack of facilities, or due to some other cause beyond the Company's control. 2.3.4 The Company may block any signals being transmitted over its network by Customers that cause interference to the Company or other user s. Customer shall not be relieved of all obligations to make payments for charg es relating to any blocked service and shall indemnify the Company for any claim, judgment or liabilty resulting from such blockage. 2.3.5 The Company reserves the right to discon tinue service when the Customer is using the service in violation ofthe provisions of this Informational Price List, or in violation of the law. 2.3.6 The Company reserves the right to disc ontinue service, limit service, or to impose requirements as required to meet changing regulatory or statutory rules and standards, or when such rules and stadards have an adve rse material affect on the business or economic feasibility of providing service, as determined by the' Company in its reasonable judgment. 2.3.7 No Company services specified herein shall be provided until after the Company has completed, to its satisfaction, testing of such services and of Company systems, processes and procedures. NET TALKCOM, INC.Idaho Access Informational Prce List Original Page 16 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.4 Assignment and Trasfer Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the wrtten consent ofthe other par, except that the Company may assign its rights and duties to a) any entity controlling, controlled by or under common control with the Company, whether direct or indirect; b) under any sale or trsfer of all or substatially all the assets ofthe Company within the applicable state or states; or c) under any financing, merger or reorganization of the Company. 2.5 Application for Service Customers may be required to enter into written or oral service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration ofthe services, and the terms and conditions in this Informational Price List. Customers wil also be required to execute any other documents as may be reasonably requested by the Company. 2.6 Ownership of Facilties 2.6.1 The Customer obtains no propert right or interest in the use of any specific tye of facility, service, equipment, number, process, or code. 2.6.2 Title to all facilties utilzed by the Company to provide service under the provisions of this Informational Price List shall remain with the Company, its parers, agents, contractors or suppliers. Such facilities shall be returned to tie Company, its parers, agents, contractors or suppliers by the Customer, whenever request ed, within a reasonable period following the request in original condition, reasonable wear and tear expected. NET TALK COM, INC.Idaho Access Informational Price List Original Page'17 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.7 Liability of the Company 2.7.1 The liability of the Company for damages of any nature arsing from errors, mistaes, omissions, interrptions, or delays of the Company, its agents, servants, or employees, in the course of establishing, furnishing, rearranging, moving, terminating, changing or removing the service or facilties or equipment shall not exceed an amount equal to the charges applicable under this Informational Price List (calculated on a proportionate basis where appropriate, at the sole discretion of the Comp any) to the period durng which such error, mistae, omission, interruption or delay occurs. 2.7.2 In no event shal the Company be liable for any incidental, indirect, special, or consequential damages (including, without limitation, lost revenue or profits) of any kind whatsoever regardless of the cause or foreseeabilty thereof. 2.7.3 When the services or facilities of other common cariers are used separately or in conjunction with the Company's facilities or equipment in establishing connection to points not reached by the Company's facilties or equi pment, the Company shall not be liable for any act or omission of such other common cariers or their agents, servants or employees. 2.7.4 The Company shall not be liable for any failu re of performance hereunder if such failure is due to any cause or causes beyond the reasonable control ofthe Company. Such causes shal include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or milita authority, national emergencies, insurrections, riots, wars, strik es, lockouts or work stoppages or other labor diffculties, supplier failures, shortages, breaches or delays, or preemption of existing service to restore service in compliance with FCC, or other relevant Commission, rules and regulations. 2.7.5 The Company shall not be liable for interrptions, delays, errors, or defects in transmission, or for any injury whatsoever, caused by the Customer, or the Customer's agents, End Users, or by facilities or equipment provided by the Customer. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 18 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.7 Liabilty of the Company (Continued) 2.7.6 No liabilty shall attch to the Company by reason of any defacement or damage to the Customer's premises resulting from the existeæe of the Company's equipment or facilties on such premises, or by the installation or removal thereof, when such defacement or damage is not the result of the gross negligence or in tentional misconduct of the Company or its employees. 2.7.7 The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. 2.7.8 The Company makes no waranties or representati:ms, express or implied, either in fact or by operation of law, statutory or otherwise, including waranties of merchantability or fitness for a paricular use, except those expressly set forth herein. 2.7.9 Failure by the Company to assert its rights under a provision of this Informational Price List does not preclude the Company from asserting its rights under other provisions. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 19 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.8 Liability of the Customer 2.8.1 The Customer wil be liable for damages to the facilities of the Company and for all incidental and consequential damages caused by the acts or omissions of the Customer, its offcers, employees, agents, invites, or contr actors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. 2.8.2 To the extent caused by the acts or omi ssions of the Customer as described in 2.8.1, preceding, the Customer shall indemnify, defend and hold harless the Company from and against all claims, actions, damages, liabilti es, costs and expenses, including reasonable attorneys' fees, for (1) any loss, destrction or damage to propert of any third par, and (2) any liability incurred by any third par pursuant to this or any other Informational Price List of the Company, or otherwise, for any interrption of, interference to, or other defect in any service provided to such third par. 2.8.3 A Customer shall not assert any claim against any other Customer or user of the Company's services for damages resulting in whole or in par from or arising in connection with the furnishing of service under this Informational Price List including but not limited to mistaes, omissions, interrptions, delays, erro rs or other defects or misrepresentations, whether or not such other Customer or user contributed in any way to the occurnce of the damages, unless such damages were caused solely by the negligent or intentional act or omission ofthe other Customer or user and not by any act or omission ofthe Company. Nothing in this Informational Price List is in tended either to limit or to expand Customer's right to assert any claims against third parties for damages of any natue other than those described in the preceding sentence. 2.8.4 The Customer shall be fully liable for any damages, including, without limitation, usage charges, that the Customer may incur as a result of the unauthonzed use of services provided to a Customer. Unauthorized use occurs when a person or entity that does not have actual, apparent, or implied authority to use the network, obtains the Company's services provided under this Informational Price List. The unauthorized use of the Company's services includes, but is not limited to, the placement of calls from the Customer's premises, and the placement of calls through equipment controlled and/or provided by the Customer, that are transmitted over the Company's network without the authorization of the Customer. The Customer shall be fully liable for all such usage charges. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 20 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations of the Customer 2.9.1 The Customer is responsible for making proper application for service; for placing any necessa orders; for complying with Informational Price List regulations; and for payment of charges for services provided. Specific Customer responsibilities include, but ar not limited to the following: A reimbursing the Company for damage to or loss of the Company's facilities or equipment caused by the acts or omissions of the Customer; or the non-compliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer premises, unless caused by the gross negligence or intentional misconduct of the employees or agents of the Company; B. providing at no charge, as specified from time to time by the Company, any needed equipment, secured space, power, supporti ng strctures, and conduit to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessar to maintain the proper operating environment on such premises; C. obtaining, maintaining and otherwise having full responsibility for all rights-of-way and conduit necessar for installation of cab Ie and associated equipment used to provide communications services to the Cu stomer from the cable building entrnce or propert line to the location of the equipment space described in Section 2.9. LB. Any and all costs associated with the obtaining and maintaining the rights-of-way described herein, including the costs of altering the strctu to permit installation of the Company provided facilties, shall be borne entirely by, or may be charged by the Company, to the Customer; the Co mpany may require the Customer to demonstrate its compliance with this secti on prior to accepting an order for service; D. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installng or maintaining the Company's facilties and equipment; the Customer may be required to install andmaintain Company facilities and equipment within a hazardous area if, in the Compan y's opinion, injury or damage to the Company employees or propert might result from installation or maintenance by the Company; the Customer shall be r esponsible for identifying, monitoring, removing and disposing of any hazardous ma terial (e.g., friable asbestos) prior to any constrction or installation work; NET TALKCOM, INC.Idaho Access Informational Price List Original Page 21 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations of the Customer (Continued) 2.9.1 (continued) E. complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be re quired with respect to, the location of Company facilties and equipment in any Customer Premises or the rights-of-way for which Customer is responsible under Section 2.9.I.C.; and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installng, inspecting, maintaining, repairng, or upon termination of service as stated herein, removing the facilties or equipment of the Company; F. not creating or allowing to be placed any liens or other encumbraces on the Company's equipment or facilties; G. making Company facilties and equipment available periodically for maintenance purposes at a time agreeable to both th e Company and the Customer, such agreement not to be reasonably withheld or denied. No allowance wil be made for the period during which service is interrpted for such purposes; H. taking all steps necessar to cancel or ot herwise discontinue any service(s) to be replaced by any of the Company's service(s) as described herein; and 1. ensuring that any Customer provided equipment and/or systems are properly interfaced with Company facilties or ser vices, that the signals emitt into Company's network are of the proper mode, bandwidth, power, and signal level for the intended use of the Customer and in compliance with the criteria set fort in this Informational Price List, and that the si gnals do not damage equipment, injure personnel, or degrade service to other Customers. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 22 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations ofthe Customer (Continued) 2.9.2 With regard to access services provided by the Company, specific Customer responsibilties include, but are not limited to the following: A Design of Customer Services The Customer shall be responsible for its own expense for the overall design of its services and for any redesigning or rearrangements of its services which may be required because of changes in facilities, operations or procedures of the Company, minimum protection criteria, or operating or maintenance characteristics of the facilties. B. Network Contingency Coordination The Customer shall, in cooperation with the Company, coordinate in planning the actions to be taken to maintain maxi mum network capabilty following natual or man-made disasters which affect telecommunications service. C. Jurisdictional Reports The jurisdictional reporting requirements wil be as specified below. When a Customer orders Access Service, its project ed Percent Interstate Usage (PIU) must be provided in whole numbers to the Company. These whole number percentages wil be used by the Company to apportion the use and/or charges between interstate and intrastate until a revised report is received as set forth herein. Reported or default PIU factors are used only where th e call detail is insuffcient to determine the appropriate jurisdiction of the traffc. .1 Ori~inatin~ Access. Originating access minutes consist of trfic originating from the Company Local Switching Center(s). The Customer must provide the Company with a projected PIU factor on an anual basis. If no PIU for originating minutes is submitted as specified herein, the Company wil apply a default PIU of 50%. .2 Terminating Access. Terminating access minutes consist of traffic terminating to the Company Local Switching Center(s). The Customer must provide the Company with a projected PIU factor on an anual basis. If no PIU for terminating minutes is submitted as specified herein, the Company wil apply a default PIU of 50%. .3 Except where the Company measure d access minutes are used as set forth above, the Customer reported Projected PIU factor as set fort above wil be used until the Customer reports a different projected PIU factor, as set forth below. NET TALK COM, INC.Idaho Access Informational Price List Original Page 23 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.9 Obligations of the Customer (Continued) 2.9.2 (Continued) D. Jurisdictional Audits .1 The Customer shall keep suffcient detail from which the perc.entages of interstate and intrastate use reported to the Company can be verified and upon request of the Company make such records available for inspection and audit. The customer must maintain these records for 24 months from the date the report became effective for biling purposes. .2 Initiation of an audit wil be at the sole discretion of the Company. The audit shall be performed by an independent par selected by the Company. An audit may be initiated by the Company for a single customer no more than once per year. The customer shall supply the required data within 30 calendar days of the Company request. .3 In the event that an audit reveal s that any customer reported PIU was incorrect, the Company shall apply the a udit result to all usage affected by the audit. The customer shall be back-biled or credited, for a period retroactive to the date that the incorrect percentage was reported, but not to exceed 24 months. Back-biled amounts are subject to a late payment penalty and payment shall be made in immediately available funds, within 31 days from receipt of bil or by the following bil date, whichever is a shorter period. .4 Should an audit reveal that the misreported percentage(s) of use has resulted in an underpayment of access charges to the Company of five percent or more of the total Switched Access Services bil, the customer shall reimburse the Company for the cost of th e audit. Proof of cost shall be the bils, in reasonable detail submitted to the Company by the auditor. .5 Within 15 days of completion ofthe auditor's report, the Company wil furnish a copy of the audit results to the person designated by the customer to receive such results. NET TALK COM, INC.Idaho Access Informational Prce List Original Page 24 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.10 Biling and Payment For Service 2.10. i Responsibility for Charges The Customer is responsible for payment of iii charges for services and equipment fuished to the Customer for transmission of calls via the Company. In particular and without limitation to the foregoing, the Customer is responsible for anyand all cost(s) incurred as the result of: A any delegation of authority resulting in the use of Customer's communications equipment and/or network services that result in the placement of calls via the Company; B. any and al use of the service arrangement provided by the Company, including calls which the Customer did not individually authorize; C. any calls placed by or through the Customer's equipment via any remote access feature(s); 2.10.2 Minimum Period The minimum period for which services are provided and for which rates and charges are applicable is one (l) month unless otherwise specified in this Informational Prce List. When a service is discontinued prior to the expiration of the minimum period, charges are applicable, whether the service is used or not. NET TALK.COM, INC.Idaho Access Informational Price List Original Page 25 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.10 Biling and Payment For Service (Continued) 2.10.3 Payment for Service A All charges due from the Customer are payable to the Company or any agent duly authorized to receive such payments. Terms of payment shall be according to the rules and regulations of the agent and subject to the rules of regulatory bodies having jurisdiction. B. Non-recurring charges for installations, service connections, moves or rearangements are due and payable upon receipt of the Company's invoice by the Customer. At the Company's discretion, payment of all or a portion of any non- recurng charges may be required prior to commencement of facility or equipment installation or constrction required to provide the services requested by the Customer. C. The Company shall present invoices for recurng charges monthly to the Customer, in advance of the month in which service is provided, and recurring charges shal be due and payable as specified on the bil. The Company reserves the right to utilze as its sole and exclusive biling method electronic invoices that are accessible by the Customer via a secure web interface. D. When biling is based upon Customer usage, usage charges wil be biled monthly in arrears for service provided in the preceding biling period. Any requests by the Customer for call detail records supporting biled usage charges must be submitted to the Company in writing or via electronic mail that is acknowledged as received by the Company, within sixty (60) days of the date of the invoice on which the usage was biled. Any such call detail records wil be provided in a format to be mutually agreed between the Company and the Customer. E. Customer billng wil begin on the service commencement date, which is the day the Company determines in its reasonable sole discretion that the service or facility is available for use, except that the service commencement date may be postponed by mutual agreement ofthe paries, or if the service or facility does not conform to standards under this Informational Price List or the service order. Biling accrues through and includes the day that the service, circuit, arrangement or component is discontinued. F. When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was furnished wil be calculated on a pro rata basis. For ths purpose, every month is considered to have 30 (thirt) days. G. Amounts not paid within 30 (thirt) days after the mailng date of invoice wil be considered past due. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 26 Effective: Oct 302008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.10 Biling and Payment For Service (Continued) 2.10.4 Disputed Charges A Any objections to biled charges must be reported to the Company or its biling agent in wrting or via electronic mail that is acknowledged by the Company within ninety (90) days of the invoice date of the bil issued to the Customer. Adjustments to Customers' bils shall be made to the extent that circumstaces exist which reasonably indicate that such changes are appropriate. B. In the event that a biling dispute 0 ccurs concerning any charges biled to the Customer by the Company, the Customer must submit a documented claim for the disputed amount. The Customer wil submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company within ninety (90) days ofthe invoice date of the bil for the disputed services. If the Customer does not submit a claim as stated above, the Customer waives all rights to filing a claim thereafer. C. If the dispute is resolved in favor of the Customer and the Customer has withheld the disputed amount, no interest credits or penalties wil apply. D. If the dispute is resolved in favor of the Company and the Customer has withheld the disputed amount, any payments withhe Id pending settlement of the disputed amount shall be subjectto the late payment penalty as set forth in 2.10.5. E. If the dispute is resolved in favor of the Customer and the Customer has paid the disputed amount, the Customer wil receive an interest credit from the Company for the disputed amount times a late factor as set forth in 2.10.5. F. Ifthe dispute is resolved in favor of the Company and the Customer has paid the disputed amount on or before the payment due date, no interest credit or penalties wil apply. G. In the event that the Company brings legal action against the Customer to collect payments owned by the Customer for access services provided pursuat to this tariff, the Company shall be entitled to recover its reasonable legal fees and court costs from the Customer in addition to other relief a court may award. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 27 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.10 Biling and Payment For Service (Continued) 2.10.5 LatePaymentFees A late payment charge of 1.5% per month, or the highest rate permitted by applicable law, whichever is less, shall be due to the Company for any biled amount for which payment has not been received by the Company within thirt (30) days of the invoice date of the Company's invoice for service, or if any portion of the payment is received by the Company in fuds which are not immediately available upon presentment. If the payment due date falls on a Saturday, Sunday, legal holiday or othe r day when the offces of the Company are closed, the date for acceptance of payments prior to assessment of any late payment fees shall be extended through to the next business day. 2.10.6 Returned Check Charge A service charge equal to $30.00, or the actual fee incured by Company from a ban or financial institution, whichever is greater, w il be assessed for all checks returned by a bank or other financial institution for: insuffcient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insuffciency or discrepancy necessitating return of the instrment at the di scretion of the drawee bank or other financial institution. NET TALK COM, INC.Idaho Access Informational Price List Original Page 28 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INORMATIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.1 1 Taxes, Surcharges and Fees 2.11.1 All taxes, including state and local taes (i.e., gross receipts ta, sales ta, municipal utilties ta), are listed as separate line items on the Cusbmer's bil and are not included in the quoted rates and charges set forth in this Informational Price List. To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a gross receipts ta, sales ta, occupation tax, license ta, permit fee, rights-of-way fee, franchise fee, or other regulatory fee or ta, such and fees and taxes shall, insofar as practicable and allowed by la w, be biled pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government. It shall be the responsibilty of the Customer to pay any such taes and fees that subseque ntly become applicable retroactively. 2.11.2 The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governmental or quasi-governmental authorities to collect from or pay to others in support of statutory or regulatory programs. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 29 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.12 Deposits and Advanced Payments 2.12.1 General The Company reserves the right to validate the creditwortiness of Customers and biled paries though available verification procedures. Where a Customer's creditwortiness is unacceptable to the Company, Company may refuse to provide service, require a deposit or advance payment, or otherwise restrct or interrpt service to a Customer. 2.12.2 Deposits A. The Company may, in order to safeguard its interests, require a Customer which has a proven history of late payments to the Company or does not have established credit or has a bad credit rating to make a deposit prior to or at any time after the provision of service to the Customer to be held by the Company as a guarantee of the payment of rates and charges. No such deposit wil be required of a Customer that has established satisfactory credit and has no history of late payments to the Company. B. The amount of deposit may be adjusted at the request of the Customer at any time when the character, purpose, or degree of the Customets use ofthe service has materially changed, or when it is indicated that it wil change. C. The making of a deposit shall not relieve any Customer of the obligation to pay currnt bils when due. A deposit shall only be applied to the indebtedness of the Customer for jurisdictional telecommunications services of the provider. D. The Company wil pay interest at the rate prescribed by the Commission or as otherwise permitted by applicable law. 2.12.3 Advance Payments To safeguard its interests, the Company ma y require a Customer to make an.advance payment before services and facilties are fum ished. The advance payment wil not exceed an amount equal to one (1) month's estimated biling. This wil be applied against the next month's charges and a new advance payment may be collected for the next month, if necessar. Advance payments do not accrue inte rest. An advance payment may be requird in addition to a deposit. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 30 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.13 Cancellation by Customer 2.13.1 General A Customers of the Company's service may cancel service by providing the Company with written notification thirt (30) days prior to the requested cancellation date. The Company shall hold the Customer responsib Ie for payment of all bils for service furnished until the cancellation date specified by the Customer or until thirt (30) days after the date that the cancellation no tice is received, whichever is later. B. Customers seeking to cancel service have an affrmative obligation to block trc originating from or terminating to the Company's network. By originating traffc from or terminating traffc to the Company's network, the Customer wil have constrctively ordered the Company's switched access service. 2.13.2 Cancellation of Contract Services A If a Customer cancels a service order or terminates services before the completion of the term or where the Customer breaches the terms in the service contract, the Customer may be requested by the Company to pay to Company termination liabilty charges. These charges shall become due and owing as of the effective date of the cancellation or termination. Unless otherwise specified in this Informational Price List, the termination liabilty shall be equal to: (1) all unpaid nonrecurring charges reasonably expended by the Company to establish service to Customer, plus; (2) any disconnection, early cancellation or termination charges reasonablyincured and paid to third paries by the Company on behalf of Customer, plus; (3) all recurring charges specified in theapplicable service order for the balance of the then current term. NET T ALKCOM, INC.Idaho Access Informational Price List Original Page 3 i Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.13 Cancellation by Customer (Continued) 2.13.3 Cancellation of Application for Service A. Where the Company permits the Customer to cancel an application for service prior to the star of service or prior to any special constrction, no charges wil be imposed except for those specified below. B. Where, prior to cancellation by the Cust omer, the Company incurs any expenses in installng the service or in preparing to install the service that it otherwise would not have incured, a charge equal to the costs the Company incured, less net salvage, shall apply, but in no case shall this char ge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Customer had service begun. C. Where the Company incurs any expense in connection with special constrction, or 'where special arangements of facilties or equipment have begun, before the Company receives a cancellation notice, a chaige equal to the costs incurred, less net salvage, may apply. In such cases, the char ge wil be based on such elements as the cost of the equipment, facilties, and material, the cost of installation, engineering, labor, and supervision, gene ral and administrative expense, other disbursements, depreciation, maintenance, taes, provisi on for return on investment, and any other costs associated with the special constrction or arangements. D. The charges described above wil be calculated and applied on a case-by-case basis. NET TALKCOM,INC.Idaho Access Informational Price List Original Page 32 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.14 Cancellation by Company 2.14.1 Service continues to be provided until canceled by the Customer pursuatto Section 2.13 or until discontinued by the Company. The Comp any may render bils subsequent to the termination of service for charges incurred before termination. The Customer shal pay such bils in full in accordance with the payment terms of this Informational Price List. 2.14.2 The Company may refuse or discontinue service to a Customer without notice under the following conditions: A. For violation of law or this Informa tional Price List: Except as provided elsewhere in this Informational Price List, the Company may refuse, suspend or cancel service, without notice, for any violation of terms ofthis Informational Price List, for any violation of any law, rule, regulation, order, decree or policy of any government authority of competent jurisdiction, or by reason of any order or decision of a cour or other government authority havingju risdiction which prohibits the Company from furnishing such service or prohibits Customer from subscribing to, using, or paying for such service. B. For the Company to comply with any orda- or request of any governmental authority having jurisdiction: The Company may refuse, suspend or cancel service, without notice, in order to permit the Company to comply with any order or request of any governmental authority having jurisdiction. C. In the event of a national or local em ergency in which the Company has reason to believe that its services may be used for causing terrorist acts or har to citizens. D.' In the event of Customer or Authorized User use of equipment in such a manner as to adversely affect the Company's equipment or service to others. E. In the event of tampering with the equipment or services of the Company or its agents. F. In the event of unauthorized or fraudul ent use of service. Whenever service is discontinued for fraudulent use of service, the Company may, to the extent that Company opts to restore such service, require the Customer to make, at Customer's own expense, all changes in facilities or equipment necessar to eliminate ilegal use and to pay an amount reasonably estimat ed as the loss in revenues resulting from such fraudulent use. G. If any of the facilties, appliances, or apparatus on Customer's premises ar found to be unsafe or causing har to the Company's facilities, and may refuse to furnish service until the applicant or Customer shall have remedied the condition. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 33 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.14 Cancellation by Company (Continued) 2.14.3 The Company may refuse or discontinue service provided that, unless otherwise stated, the Customer shall be given five (5) days written notice to comply with any rule or remedy any deficiency: A. For nonpayment: The Company, by written notice to the Customer and in accordance with applicable law, may re fuse, suspend or cancel service without incurrng any liabilty when there is an unpa id balance for service that is past due. B. For retued checks: The Customer whose check or draft is returned unpaid for any reason, after two attempts at collection, may, at the Company's discretion, be subject to refusal, suspension or cancellation of service in the same manner as provided for nonpayment of overdue charges. C. For neglect or refusal to provide reasonable access to the Company or its agents for the purose of inspection and maintenance of equipment owned by the Company or its agents. D. For Customer use or Customer's permitting use of obscene, profane or grossly abusive language over the Company's facilities, and who, afer five (5) days notice, fails, neglects or refuses to cease and refrain from such practice or to prevent the same, and to remove its propert from the premises of such person. E. For use of telephone service for any propert or purpose other than that described in the application. F. For Customer's breach of any contract for service between the Company and the Customer. G. For periods of inactivity in excess of sixty (60) days. NET TALK COM, INC.Idaho Access Informational Price List Original Page 34 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.1 5 Restoration of Service 2.15.1 If service has been discontinued for nonpaym ent or as otherwise provided herein and the Customer wishes service continued, service ma y be restored at the Company's sole discretion, when all past due amounts are paid or the event giving rise to the discontinuance (if other than nonpayment) is corrected. Customers whose service was disconnected for non- payment may be required to pay a deposit and/or advance payment prior to service restoration. 2.15.2 A restoration fee of $25.00, or the actual costs incurred by the Company plus an administrative charge, whichever is greater, a pplies to Customers whose service is restored following disconnection by the Company. 2.15.3 Restoration of disrupted services shall be in accordance with applicable Commis ion and/or Federal Communications Commission Rules and Regulations specified in 47 C.F.R., Chapter I, Part 64, , Appendix A, which specify the priority system for such activities. 2.16 Provision of Company Equipment and Facilties 2.16.1 The Company shall use reasonable efforts to maintain only the facilties and equipment that it furnishes to the Customer. The Customer ma y not nor may the Customer permit others to rearange, disconnect, remove, attempt to repair , or otherwise interfere with any of the facilties or equipment installed by the Company, except upon the written consent of the Company. 2.16.2 The Company may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided to the Customer except following required notice procedures. 2.16.3 Equipment the Company provides or installs at the Customer premises shall not be used for any purpose other than that for which the equipment is provided. 2.16.4 The Company shall not be responsible for the installation, operation, or maintenance of any Customer provided communications equipment. Where such equipment is connected to the facilties fuished under this Informational Pr ice List, the responsibilty of the Company shall be limited to the furnishing of facilities offered under this Informational Price List and to the maintenance and operation of such facilties. Subject to this responsibility, the Company shall not be responsible for: A. the transmission of signals by Customer provided equipment or for the quality of, or defects in, such trnsmission; or B. the reception of signals by Customer-provided equipment; or C. network control signaling where such signaling is performed by Customer-provided network control signaling equipment. NET TALKCOM,INC.Idaho Access Informational Price List Original Page 35 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.1 7 Interconnection 2.17.1 Service furnished by the Company may be intèrconected with services or facilties of other authorized communications common carers and with private systems, subject to technical limitations established by the Company. Service furnished by the Company is not par of a joint underting with such other common ca rriers or systems. Any special interface equipment or facilties necessary to achieve compatibilty between the facilities of Company and other paricipating carers shall be provided at the Customets expense. 2. i 7.2 Connection with the facilties or services of other carers shall be under the applicable terms and conditions of the other carriers' Informati onal Price Lists. The Customer is responsible for taking all necessar legal steps for interconnecting Customer-provided terminal equipment or systems with Company's facilties. Customer shal secure al licenses, permits, rights-of-way, and other argements necessar for such interconnection. 2. i 7.3 The Customer shall ensure that the facilities or equipment provided by another carer are properly interconnected with the facilties or equipment of the Company. If the Customer maintains or operates the interconnected faciliti es or equipment in a manner which results or may result in har to the Company's facilities, equipment, personnel, or the quality of service, the Company may, upon five (5) days written notice, require the use of protective equipment at the Customets expense. If this written notice fails to eliminate the actual or potential harm, the Company may, upon additional five (5) days written notice, terminate the existing service of the Customer. 2.17.4 If har to the Company's network, personnel or services is imminent due to interconnection with another carier's services, the Company reserves the right to shut down Customer's service immediately, with no prior notice required. NET TALK COM, INC.Idaho Access Informational Price List Original Page 36 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.18 Customer-Provided Equipment 2.18.1 The Company's services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this Informational Prce List. A user may transmit any form of signal that is compatib Ie with the Company's equipment, but the Company does not represent that its services w il be suitable for purposes other than voice- grade telephonic communication except as specifically stated in this Informational Price List. 2.18.2 Terminal equipment on the user's premises and the electric power consumed by such equipment shall be provided by and maintain ed at the expense of the Customer. The Customer is responsible for the provision of wiring or cable to connect its terminal equipment to the Company's network. 2.18.3 The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilties is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause daage to the Company-provided equipment and wiring or injur to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer's expense, subject to prior Customer approval of the equipment expense. 2.18.4 Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessar to determine that the Customer is complying with the requirements under this Sec tion 2.18 for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilities and equipment. 2.18.5 If the protective requirements for Custom er-provided equipment are not being complied with, the Company may tae such action, as it deems necessar to protect its facilities, equipment, and personneL. The Company may, upon five (5) days written notice, require the use of additional protective equipment at the Cu stomer's expense. If this wrtten notice fails to remedy any protective deficiencies or potential har, the Company may, upon additional five (5) days written notice, terminate the existing service of the Customer. 2.18.6 If har to the Company's network, personnel or services is imminent, the Company reserves the right to shut down Customer's service immediately, with no prior notice required. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 37 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.19 Inspection, Testing and Adjustments 2.19.1 The Company may, upon reasonable notice, make such tests and inspections as may be necessar to determine whether the terms and cond itions of this Informational Price List are being complied with in the installation, operati on or maintenance of the Customer's or the Company's facilties or equipment. The Company may interrpt service at any time, without penalty or liability, due to the deparre from or reasonable suspicion of the deparre from any of these terms and conditions. 2.19.2 Upon reasonable notice, the facilities or equipment provided by the Company shall be made available to the Company for such tests and adjustments as may be necessar for their maintenance in a condition satisfactory to the Company. No interrption allowance shall be granted for the time during which such t ests and adjustments are made, unless such interrption exceeds twenty-four (24) hours in lengt and is requested by the Customer. 2.19.3 The Company wil provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilties additions, removals or rearrangements and routine preventative maintenance. Generally, such activities ar not specific to an individual Customer but affect many Customers' services. No specific advance notification period applies to all service activities. The Company w il work cooperatively with the Customer to determine the reasonable notification require ments. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible. NET TALK COM, INC.Idaho Access Informational Price List Original Page 38 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.20 Allowances for Interrptions in Service 2.20.1 General A. Upon the written request of the Customer , delivered to the Company no later than thir (30) days following the date of service interrption, a credit allowance wil be given when service is interrpted, except as specified in Section 2.20.2 following. A service is interrpted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this Informational Price List. B. An interrption period begins when the Customer reports to the Company a service, facilty or circuit is inoperative and, if necessar, releases it for testing and repair by the Company, as determined in its sole and reasonable discretion. An interrption period ends when the service, facility or circuit is operative. C. If the Customer reports a service, facilty or circuit to be interrpted but declines to release it for testing and repair, refuses access to its premises for test and repair by the Company, or continues to make volunta use of the service, the service, facilty or circuit is considered to be impaired but not interrpted. No credit allowances wil be made for a service, facilty or circuit considered by the Company to be impaired. D. The Customer shall be responsible for th e payment of service charges for visits by the Company's agents or employees to th e premises of the Customer when the service diffculty or trouble report results from the use of equipment or facilties provided by any part other than the Company, including but not limited to the Customer. NET TALK COM, INC.Idaho Access Informational Price List Original Page 39 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.20 Allowances for Interrptions in Service (Continued) 2.20.2 Limitations of Allowances A. No credit allowance wil be made for any interrption in service: (1) due to the negligence of or noncompliance with the provisions of this Informational Price List by any person or entity other than the Company, including but not limited to the Customer; (2) due to the failure of power, equipment, systems, connections or services not provided by the Company; (3) due to circumstances or causes beyond the reasonable control of the Company; (4) during any period in which the Company is not given ful and fre access to its facilities and equipment for the puroses of investigating and correcting interrptions; (5) during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arangements; '(6) when the Customer is known to have planned or paricipated in terrorism or in acts that may cause har to citizens; (7) that occurs or continues due to the Customer's failure to authorize replacement of any element of special constrction; and (8) that was not reported to the Company within thirt (30) days of the date that service was affected. 2.20.3 Use of Another Means of Communications If the Customer elects to use another means of communications during the period of interrption, the Customer must pay the charges for the alternative service used. NET TALKCOM, INC.Idaho Access Informational Price List Orginal Page 40 Effective: Oct 302008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.20 Allowances for Interrptions in Service (Continued) 2.20.4 Application of Credits for Interrptions in Service A. Except as provided in Section 2.20.2 A., if a Customer's service is interrpted, and it remains interrpted for eight (8) normal working hours or longer after access to the premises is made available and after being reported to be out of order, appropriate adjustments or refunds shall be made to the Customer, when such adjustment exceeds $1.00. B. The amount of adjustment or refund shall be determined on the basis of the known period of interrption; generally beginni ng from the time the service interrption is first reported. The refund to the Customer shall be a pro rata par of the month's flat rate charges (if any) for the period of days and that portion of the service facilities rendered useless or inoperative. The refund may be accomplished by a credit on a subsequent bil for the service. C. For purposes of credit computation every month shall be considered to have seven hundred and twenty (720) hours. For services with a monthly recurng charge, no credit shall be allowed for an interrption of continuous duration of less than eight (8) hours. The Customer shall be credited for an interrption of eight (8) or more hours at the rate of l/72Oth of the monthly charge for the services affected for each day that the interrption continues. The fonnla used for computation of credits is as follows: Credit == A/720 x B A = outage time in hours (must be 8 or more) B = total monthly recurng charge for affected service. D. No credits wil be provided for usage sensitive services. E. Cellular and other wireless transmission and Internet-based calling is subject to interrptions including but not limited to, dropped calls, interrpted calls, unintelligible calls, one-way audio and ot her problems created by factors beyond Company's control. Under no circumstances wil Company provide credit or payment of any kind for calls that experi ence problems related to cellular or other wireless transmissions or for calls that e¡perience problems related to Internet-based communications including but not limited to those calls that transcend wire line and Voice over Internet Protocol ("VoIP") networks. NET TALK.COM, INC.Idaho Access Informational Price List Original Page 41 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.21 Notices and Communications 2.21.1 The Customer shall designate on the servi ce order an 'address to which the Company shall mail or deliver all notices and other communications, except that Customer may also designate a separate address to which the Co mpany's bils for service shall be mailed. 2.21.2 The Company shall designate on the service order an address to which the Customer shall mail or deliver all notices and other communications, except that Company may designate a separate address on bils for service to which th e Customer shall mail payment on that bil. 2.21.3 Notice of a pending disconnection of a Customer's service may contain the reason for the notice, the date of the notice, a description of any remedies the Customer may make, the time allotted for the Customer to make remedies (if any), and a toll free customer service number the Customer may call to obtain additional information. 2.21.4 Except as otherwise stated in this Informational Price List, all other notices or communications required to be gi ven under this Informational Price List wil be in writing. 2.21.5 Notices and other communications of either par, and all bils mailed by the Company, shall be presumed to have been delivered to the other par on the second business day following placement of the notice, communication or bil with the U.S. mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.21.6 The Company or the Customer shall advise the other par of any changes to the addresses designated for notices, other communications or biling, by following the procedurs for giving notice set forth herein. NET TALK COM, INC.Idaho Access Informational Price List Original Page 42 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 2 - RULES AND REGULATIONS, (CONT'D) 2.22 Mixed Interstate and Intrastate Switched Access Services 2.22.1 When mixed interstate and intrastate switched access service is provided, all charges, including nonrecurring charges, usage charges, and optional featues changes shall be determined through the procedure set forth in 2.9.2, above. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 43 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE 3.1 General 3.1.1 Switched Access Service, which is available to Customers for their use in furnishing their services to End Users, provides a two-point communications path between a Customer's Premises and an End User's Premises. It provides for the use of common terminating, switching and trnking facilties, and for the use of common subscriber plant of the Company. Switched Access Service provides for the abilty to originate calls from an End User's Premises to a Customer's Premises and to terminate calls from a Customer's Premises to an End User's Premises in the LATA where it is provided. 3.1.2 When a rate as set forth in this Informationa i Price List is shown to more than two decimal places, the charges wil be determined using th e rate shown. The resulting amount wil then be rounded to the nearest penny (i.e., rounded to two decimal places). 3.1.3 In the absence of an ASR as described in Section 3.4, delivery of calls to, or acceptace of calls from, the Customer's End User location(s) via Company-provided switched access services shall constitute a Constrctive Order and an agreement by the Customer to purchase the Company's switched access services as described and priced herein. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 44 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.2 Manner of Provision 3.2.1 Switched Access is furnished for originating and terminating calls by the Customer to its End User. 3.2.2 Switched Access is furnished on a per-line or per trnk basis. 3.2.3 Originating trffc tye represents access capacity within a LATA for caring traffc from the End User to the Customer; and Terminating traffc tye represents access capacity within a LATA for caring traffc from the Customer to the End User. When ordering capacity for Switched Access, the Customer must at a minimum specify such access capacity in terms of originating traffic tye and/or terminating traffc tye. 3.2.4 Switched Access is provisioned, at minimum, at the DS-l level and provides line-side or trnk-side access to End Offce switches for th e Customets use in originating and terminating communications. Basic Switche d Access service wil be provided with Multi- Frequency In Band Signaling (SS7is also available, where capabilties exist). 3.2.5 Two tyes of Switched Access are available: A. Tandem Connect Access: This option app lies when the customer has no direct facilties to the End Offce. Traffc is routed to and from the End Offce via the Access Tandem. Delivery of calls to, or acceptace of calls from, the Customets End User location(s) via Company-provided Tandem Connect Access services shall constitute a Constrctive Order and an agreement by the Customer to purchase the Company's switched access services as described and priced herein. B. Direct Connect Access: This option applies when the Company or another service provider provides dedicated facilties between the customer's premises and the End Offce. This transmission path is dedicat ed to the use of a single Customer. The Customer is responsible for providing such facilties itself or for negotiating such arangements with possible suppliers. To th e extent that the Company is able to provide such arangements, the dedicated portion of Direct Connect Access would be provided on an Individual Case Basis as Special Service Arrangements pursuant to Section 6 of this Informational Price List. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 45 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.3 Switched Access Service 3.3.1 Switched Transport For traffic that EMI records indicate was tade m switched (for example, when traffc is not routed via a direct end offce trnk), switched transport rate elements shall apply. As used in this Section 3.3.1, "switched trsport rate elements" include (without limitation) tadem switched termination rate elements, tandem smtched facility rate elements, tadem switching rate elements, and common transport multiplexing rate elements. 3.3.2 End Office Switching The End Offce Switching rate category establish es the charges related to the use of end offce switching equipment, the terminations in the end offce of end user lines, the terminations of calls at Company Intercept Op erators or recordings, the Signaling Transfer Point (STP) costs, and the SS7 signaling function has between the end offce and the STP. NET TALK COM, INC.Idaho Access Informational Price List Original Page 46 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMATIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.4 Access Ordering 3.4.1 General A. Customers may order switched access through a Constrctive Order, as defined herein, or through an ASR. The format and terms of the ASR wil be as specified in the Industr Access Service Order Guidelines, unless otherwise specified herein. B. A Customer may order any number of services of the sae ty and between the same premises on a single ASR. All details for services for a paricular order must be identicaL. C. The Customer shall provide all information necessar for the Company to provide and bil for the requested service. When placing an order for Access Service, the Customer shall provide the following minimum information: (1) Customer name and Premises address( es); (2) Biling name and address (when different from Customer name and address); and (3) Customer contact name(s) and telephone number(s) for the following provisioning activities: order negotiation, order confirmation, interactive design, installation and biling. 3.4.2 Access Service Date Intervals A. Access Service is provided with Stadad or Negotiated Intervals. B. The Company wil specify a firm order confirmation date and Service Commencement Date contingent on the ASR being complete as received. To the extent the Access Service can be made available with reasonable effort the Company wil provide the Access Service in accordance with the Customer's requested interval, subject to the following conditions: (1) For service provided under a Stadard Interval: The Stadad Interval for Switched Service wil be sixty (60) business days from the Application Date. This interval only applies to staidard service offerings where there are pre-existing facilities to the Customer Premises. Access Services provided under the Standard Interval wil be installed during Company business hours. NET TALK.COM, INC.Idaho Access Informational Price List Original Page 47 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.4 Access Ordering (Continued) 3.4.2 Access Service Date Intervals (continued) B. (continued) (2) For service provided under a Negotiated Interval: The Company wil offer a Service Date based on the tye and quatity of Access Services the Customer has requested. The Negotiate d Interval may not exceed by more than six (6) months the Stadard Interval Service Date, or, when there is no Stadard Interval, the Company offe red Service Date, except as otherwise agreed by the Company in writing. The Company wil negotiate a Service Date interval with the Customer when: (a) The Customer requests a Service Date before or beyond the applicable Stadard Interval Service Date; or (b) There is no existing facility connecting the Customer Premises with the Company; or (c) The Customer requests a service that is not considered by the Company to be a standard service offering (for example, if additional engineering or special constrction is required to complete the order); or (d) The Company determines that Access Service canot be installed within the Stadard IntervaL. C. All services for which rates are applied on an Individual Case Basis are provided with a Negotiated IntervaL. 3.4.3 Access Service Request Modifications The Customer may request a modification of its ASR prior to the Service Commencement Date. All modifications must be in wrting using the industr ASR process. The Company, in its sole discretion, may accept a verbal modi fication from the Customer. The Company wil make every effort to accommodate a requested modification when it is able to do so with the normal work force assigned to complete su ch an order within normal business hours. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 48 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.5 Special Constrction or Special Service Arangements 3.5.1 Subjectto the agreement ofthe Company a nd to all of the regulations contained in this Informational Price List, special constrction of Company facilities or development of special service arangements may be underten by the Company on a reasonable-effort basis at the request of the Customer. Such constrction or arangements wil be provided pursuat to regulations contained in Section 6 of this Informational Price List. 3.6 Obligations of the Company 3.6.1 With regard to access services provided by the Company, specific Company responsibilties include, but are not limited to the following: A. Network Management The Company wil administer its network to ensure that provision of acceptable service levels to all telecommunications users of the Company's network services. Generally, service levels ar considered acceptable only when both End Users and Customers are able to establish con ections with minimal delay encountered within the Company network. The Company maintains the right to apply protective controls, i.e., those actions, such as call gapping, which selectively cancel the completion of trffc, over any traffc cared over its network, including that associated with a Customer's Switched Access Service. Generally, such protective measures would only be taken as a result of occurrences such as a failure or overload of Company or Customer facilties, natural disasters, mass calling or national security demands. NET TALK COM, INC.Idaho Access Informational Price List Original Page 49 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.6 Obligations ofthe Company (Continued) 3.6.1 (continued) B. Design and Traffc Routing of Switched Access Service The Company shall design and determine the routing of Switched Access Service, including the selection of the first point of switching and the selection of facilties from the interface to any switching point and to the End Offces. The Company shall also decide if capacity is to be provided by originating only, terminating only, or two-way trnk groups. Finally, the Company wil decide whether trnk side access wil be provided through the use of two- wire or four-wire trnk terminating equipment. Selection of facilities and equipment and traffc routing of the service are based on standard engineering methods, available facilities and equipment and the Company's traffc routing plans. If the Customer desires different routing or directionality than that determined by the Company, the Company wil work cooperatively with the Customer in determining (1) whether the service is to be routed directly to an end offce or through an access tadem switch and (2) the directionality of the service. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 50 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.7 Obligations of the Customer 3.7.1 The Customer has certin specific obliga tions pertining to the use of Switched Access Service. These obligations are in addition to ob ligations specified in Section 3.9 of this Informational Price List and are as follows: A. Report Requirements Customers are responsible for providing the following reports to the Company, when applicable: Jurisdictional Reports When a Customer orders Switched Access Service that may be used for both interstate and intrastate traffc, the Cust omer is responsible for providing reports as set fort in Section 2.9.2, preceding. Charges wil be apportioned in accordace with those reports. B. On and Off-Hook Supervision The Customer's facilities shall provide the necessar on and df-hook supervision for accurate timing of calls. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 51 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.8 Rate Regulations 3.8.1 General There are thee types of rates and charges that apply to Switched Access Service provided by the Company. These are monthly recurng charges, usage charges, and nonrecurring charges. 3.8.2 Types of Charges A. Nonrecurring charges are one-time charges that apply for a specific work activity (e.g., installation or change to an existiig service). Non-recurring charges may applyfor installation of service, installation of optional featues and service rearangements. B. Recurring Charges are flat monthly rates that apply for each month or fraction thereof that a specific rate element is provided. For biling puroses, each month is considered to have thirt (30) days. C. Usage Charges are rates that apply only when a specific rate element is used. These are applied on a per-access minute, a per-call or per-query basis. Usage rates are accumulated over a monthly period. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 52 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.8 Rate Regulations (Continued) 3.8.3 Measurement of Access Minutes A. When recording originating calls over Switched Access Service with multi- frequency address signaling, usage measurement begins when the first wink supervisory signal is forwarded from the Customer's facilties. The measurement of originating call usage over Switched Access Service ends when the originating Switched Access Service entr switch receives disconnect supervision from either the originating End User's End Offce (indicating that the originating End User has discon ected), or from the Customer's faciltie s, whichever is recognized first by the entr switch. B. For terminating calls over Switched Access Service with multi-frequency address signaling, the measurement of access minutes begins when a seizure signal is received from the Carer's trnk group at the Point of Presence within the LATA. The measurement of terminating call usage over Switched Access Service ends when a disconnect signal is received, indicating that either the originating or terminating user has disconnected. C. When recording originating calls over Switched Acces Service with SS7 signaling, usage measurement begins with the tran smission of the initial address message by the switch for direct trnk groups and with the receipt of an exit message by the switch for tadem trk groups. The measure ment of originating Switched Access Service usage ends when the entr sw itch receives or sends a release message, whichever occurs first. D. For terminating calls over Switched Access Service with SS7 signaling, the measurement of access minutes begins when the terminating recording switch receives the initial address message from the terminating End User. On directly routed trnk groups or on tadem routed trk groups, the Company switch receives the initial address message and sends the indica tion to the Customer in the form of an answer message. The measurement of terminating Switched Access Service call usage ends when the entr switch receives or sends a release message, whichever occurs first. E. Mileage, where applicable, wil be measured in accordance with stadad industr practices. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 53 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.8 Rate Regulations (Continued) 3.8.3 Measurement of Access Minutes (Continued) F. The Company wil use the Small Exchange Carier Access Biling ("SECAB") guidelines, or the Carer Access Biling System ("CABS") guidelines, or other system that emulates or otherwise produces a reasonable substitute for the output of SECAB or CABS, for biling all charges under this Informational Prce List. The Company wil provide biling using a hardcopy format or upon request, a mechanized medium (e.g., cardge tape, CD ROM, etc.). Bils wil be accurate and contain suffcient supporting details to a llow customers to account for the charges and to verify their accuracy in a reasonable and timely fashion. Requests for additional bil detail wil be handled and priced on an Individual Case Basis (ICB). 3.8.4 Moves A. A move of services involves a change in the physical location of one of the following: (1) The point of termination at the Customer's Premises, or (2) The Customer's Premises B. The charges for the move are dependent on whether the move is to a new location within the sae building or to a di fferent building as described below: (1) Moves Within the Same Building When the move is to a new location within the same building, the charge for the move wil be an amount equal to one half ofthe nonrecurng charge for the capacity affected. There wil be no change in the minimum period requirements. (2) Moves to a Different Building Moves to a different building wil be treated as a discontinuace and sta of service and all associated nonrecurring charges wil apply. New minimum period requirements wil be established for the new service. The Customer wil also remain responsible for satisfying all outstading minimum period charges for the discontinued service. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 54 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 3 - SWITCHED ACCESS SERVICE, (CONT'D) 3.8 Rate Regulations (Continued) 3.8.5 Installation of Optional Features A. If a separate nonrecurring charge applies fo r the installation of an optional featue available with Switched Access Service, the charge applies whether the featue is installed coincident with the initial insta llation of service or at any time subsequent to the initial installation of service. B. For all other changes, including the a ddition of, or modifications to, optional features without separate nonrecurring charges, a charge equal to one half the Switched Trasport nonrecurrng (i.e. insta llation) charge wil apply. When an optional feature is not required on each transmission path, but rather for an entire transmission path group, an end offce or an access tadem switch, only one such charge wil apply. 3.8.6 Service Rearangements A. Service reargements are changes to existing services which do not result in either a change in the minimum period requirements or a change in the physical location of the point of termination at the Customer's premises or the Customets End User's premises. Changes, which result in the establishment of new minimum period obligations, are treated as disconnects and stas. B. The charge to the Customer for the service rearangement is dependent on whether the change is administrtive only in nature or involves an actual physical change to the service. C. Administrtive changes wil be made without charge(s) to the Customer. Such changes require the continued provision and biling of the Access Service to the same entity or change in jurisdiction. NET T ALKCOM, INC.Idaho Access Informational Price List Original Page 55 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 4 - RATES AND CHARGES 4: i Common Line Access Service 4.1.1 Carier Common Line - Per Originating Minute - Per Terminating Minute Note 1 Note 1 4.2 Tandem Connect Access 4.2.1 Tandem Switching Transport A. B. Tandem Switched Trasport, per Minute Tandem Switched Transport, per Minute, per Mile Note 1 Note 1 4.2.2 Tandem Switching Per Minute Note 1 4.2.3 Common Transport Multiplexing Per Minute Note 1 4.2.4 Shared End Offce Port Per Minute Note 1 Note 1: All access minutes are biled at a single per minute access rate found in Section 4.3.1, Local Switching. This composite rate includes the el ements traditionally biled as Carier Common Line . NET TALKCOM, INC.Idaho Access Informational Price List Original Page 56 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INORMTIONAL PRICE LIST SECTION 4 - RATES AND CHAGES (CONT'D.) 4.3 End Offce Switching 4.3.1 Local Switching Per Minute $0.0350 4.4 Toll-Free 8XX Data Base Access Service Per Query $0.0075 4.5 Switched Access Optional Featues Optional Features are provided on an Individual Case Basis as Special Service Arrangements pursuat to Section 6 of this tariff. 4.6 Service Order Charges Service Order Charges are non-recurrng charges to recover the administrtive costs associated with initiating Access Service. 4.6.1. Service Implementation A.Access Order Charge, per Access Request $ 60.00 B.Installation Charge, per Trunk $115.00 4.6.2 Service Date Change, per Access Order $ 25.00 4.6.3 Design Change/Parial Cancellation Charge, per Access Order $ 50.00 NET TALKCOM, INC.Idaho Access Informational Price List Original Page 56 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 4 - RATES AND CHAGES (CONT'D.) 4.3 End Offce Switching 4.3.1 Local Switching Per Minute $0.0350 4.4 Toll-Free 8XX Data Base Access Service Per Query $0.0075 4.5 Switched Access Optional Features Optional Features are provided on an Individual Case Basis as Special Service Arrangements pursuat to. Section 6 of this taiff. 4.6 Service Order Charges Service Order Charges are non-recurrng charges to recover the administrative costs associated with initiating Access Service. 4.6.1. Service Implementation A.Access Order Charge, per Access Request $ 60.00 B.Installation Charge, per Truk $115.00 4.6.2 Service Date Change, per Access Order $ 25.00 4.6.3 Design Change/Parial Cancellation Charge, per Access Order $ 50.00 NET TALKCOM, INC.Idaho Access Informational Prce List Original Page 57 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 5 - SPECIAL CONTRACTS, ARNGEMENTS, AND CONSTRUCTION 5.1 Special Contract Arrangements At the option of the Company, services may be offenD on a contract basis to meet specialized pricing requirements of the Customer not contemplated by this Informational Price List. The terms of each contract shall be mutually agreed upon between the Customer and Company and may include discounts off of rates contained herein and waiver of recuring, nonrecurring, or usage charges. The terms of the contract may be based parially or completely on the term and volume com itment, tye of access arangement, mixture of services, or other distinguishing featues. Service shall be available to all similarly situated Customers for a fixed period of time following the initial offering to the first contract Customer as specified in each individual contract. 5.2 Special Service Arangements 5.2.1 If a Customer's requirements cannot be met by services included in this Informational Price List, or pricing for a service is shown in this Informational Price List as ICB, the Company wil provide, where practical and at its sole discretion, special service argements at charges to be determined on an Individual Case Basis. These special service argements wil be provided if the provision of such a rrangements is not detrimental to any other services furnished under the Company's Informational Price Lists. 5.2.2 Special service arangement rates are subject to revision depending on changing costs or operating conditions. 5.2.3 If and when a special service arangement becomes a generically Informational Price Listed offering, the Informational Price Listed rate orrates wil apply from the date ofInformational Price List approvaL. 5.3 Non-Routine Installation Charges At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or char ged to the Company wil apply. If installation is started during regular business hours but, at the Customer's request, extends beyond regular busines hours into time periods including, but not limited to, weekends, holidays or night hours, additional charges may apply. NET TALKCOM, INC.Idaho Access Informational Price List Original Page 58 Effective: Oct 30 2008 INTRASTATE ACCESS SERVICES INFORMTIONAL PRICE LIST SECTION 5 - SPECIAL CONTRACTS, ARRNGEMENTS, AND CONSTRUCTION, (CONT'D) 5.4 Special Constrction Charges 5.4.1 General A. Special constrction charges may apply for services provided to the Customer by the Company. Special constrction includes but is not limited to that constrction undertaken: (1) where facilties are not presently available, and there is no other requirement for the facilties so constrcted; (2) of a type other than that which the Company would normally utilze in the furnishing of its services; (3) over a route other than that whic h the Company would normally utilze in the furnishing of its services; (4) in a quantity greater than that which the Company would normallyconstrct; (5) on an expedited basis; (6) on a temporar basis until permanent facilties are available; (7) involving abnormal costs; (8) in advance of its normal constrction; or (9) when the Company furnishes a facilty or service for which a rate or charge is not specified in the Company's Informational Price List. B. Where the Company furnishes a facility or service requiring special constrction, charges wil be determined by the Company and may include: (1) non-recurring charges; (2) recurrng charges; (3) usage charges; (4) termination liabilities; or (5) a combinations thereof. C. Rates and charges for special constrcti on shall be determined and presented to the Customer for its approval prior to the st ar of constrction. No constrction wil commence until and unless the Customer accepts in wrting the rates and charges as presented by the Company. NETTALK.COM, INc. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page i Issued: 9/30/08 Effective: Oct 30 2008 NET TALK.COM, INC. TELECOMMCATIONS PRICE LIST IDAHO PUBLIC UTILITIES COMMSSION This Price List contains the rates, terms and conditions applicable to the furnishing of interexchange telecommunications services provided by NET TALKCOM,.INC. within the State of Idaho. Registered Agent in Iowa: Incorp Services, Inc. 921 S.Orchard St. G ID 83705 NET TALK.COM, INC. A. Kyriakides,President 1 100NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 2 Issued: 9/30/08 Effective: Oct 30 2008 CHECK SHEET Pages, as listed below, are effective as of the date shown at the bottom of the respective page(s). Original and revised pages as named below comprise all changes from the original Price List and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION 1 Original *22 Original * 2 Original *23 Original * 3 Original *24 Original * 4 Original *25 Original * 5 Original *26 Original * 6 Original *27 Original * 7 Original *28 Original * 8 Original *29 Original * 9 Original * 10 Original * 1l Original * 12 Orginal * 13 Original * 14 Original * 15 Original * 16 Original * 17 Original * 18 Original * 19 Original * 20 Original * 21 Orginal * * - indicates those pages included with this filing NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. I Original Page 3 Issued: 9/30/08 Effective: Oct 30 2008 TABLE OF CONTENTS Check Sheet. ...... ............. ............. ............ ..................... ....... .... ....................... ............ .... .............. ... 2 Table of Contents.............................................................................................................. ............... 3 Symbols ...........................................................................................................................................4 Price List Format..... .............. ...... ....................... .............. .... ............... .................. ........... ............... 5 Application of Price List................. ............ ......................... ............ ................... ................. ... ......... 6 Service Area Map .... ..................... .......... .................... .......... .......... .................................... ............. 7 Section 1 - Terms and Abbreviations............................................................................................... 8 Section 2 - Rules and Regulations ...... ................................ ........................................................ ... 10 Section 3 - Service Descriptions and Rates ........ ................. .......................................................... 26 Section 4 - Promotions... ... ................. ........ .... ... .................. .............. ...... ...................... ............. .... 28 NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Issued: 9/30/08 SYMOLS The following are the only symbols used for the puroses indicated below: (C) Changed regulation. (D) Delete or discontinue. (I Change Resulting in an increase to a Customer's bil. (M) Moved from another Price List location. (N New. (R) Change resulting in a reduction to a Customer's bilL. (T) Change in text or regulation. Idaho Price List No. 1 Original Page 4 Effective: Oct 30 2008 NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Prce List No. 1 Original Page 5 Issued: 9/30/08 Effective: Oct 30 2008 PRICE LIST FORMT A. Page Numbering - Page numbers appear in the upper righ t corner of the page. Pages are numbered sequentially. However, new pages are occasionally adde d to the Prce List. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 14 and 15 would be 14.1. B. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most curent page version on file with the Commission. For exaple, the 4th revised Page 14 cancels the 3rd revised Page 14. Because of various suspension periods, deferrals, etc., the most current page number on file with the Commission is not always the Price List page in effect. Consult the Check Sheet for the pa ge currently in effect. C. Paragraph Numbering Sequence - There are nine levels of paragra ph coding. Each level of coding is subservient to its next higher level: 2. 2.1. 2.1.1. 2.I.I.A. 2.1. LA. 1. 2. 1. LA. l.(a). 2.1. LA. l.(a).1. 2.1.1.A.l.(a).1.(i). 2.1.1.A.l.(a).1.(i).(1 ). D. Check Sheets - When a Price List fiing is made with the Commission, an updated Check Sheet accompanies the Price List filing. The Check Sheet lists the pages contained in the Price List, with a cross reference to the current revision number. When new pag es ar added, the Check Sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There wil be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same, just revised revision levels on some pages.) The Price List user should refer to the latest Check Sheet to find out if a paricular page is the most curent on file with the Commission. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Issued: 9/30/08 APPLICATION OF PRICE LIST Idaho Price List No. 1 Original Page 6 Effective: Oct 30 2008 This Price List contains the regulations and rates applicable to the furnishing of intrastate resale common carer communications service by NET TALK COM, INC. within the State ofIdaho. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 7 Issued: 9/30/08 Effective: Oct 30 2008 SERVICE ARA MA NET TALK COM, INC. wil provide intrastate service throughout the State ofIdaho. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 8 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 1 - TERMS AN ABBREVITIONS Authorization Code - A pre-defined series of numbers to btrialed by the Customer or End User upon access to the Company's system to notify the caller and validate the caller's authorization to use the services provided. The Customer is responsible for char ges incured through the use of his or her assigned Authorization Code. Authorized User - A person, firm, parership, corporation oi'Other entity who is authorized by the Customer to be connected to and utilze the Carrier's services under the terms and regulations of this Prce List. Commission - Refers to the Idaho Public Utilties Commission Company or Carrier - NET TALK COM, INC. unless otherw ise clearly indicated by the context. Customer - A person, firm, parership, corporation or other entity which aranges for the Carier to provide, discontinue or rearange telecommunications services on behalf of itself or others; uses the Carrer's telecommunications services; and is re sponsible for payment of charges, all under the provisions and terms of this Price List. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 9 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 1 - TERMS AN ABBREVITIONS, (CONT'D.) End User - Any person, firm, corporation, parership or other entity which uses the services of the Company under the provisions and regulations of this Price List. The End User is responsible for payment unless the charges for the services utilized are accepted and paid by another Customer. Equal Access - Where the local exchange company central offce provides interconnection to interexchange carriers with Feature Group D circuits. In such end dfces, Customers can presubscribe their telephone line(s) to their preferred interexchange carier. LATA - Local Area of Trasport and Access. LEC - Local Exchange Company. Personal Identification Number (PIN - See Authorization Code. Switched Access Originationlermination - Where access between the Customer and the interexchange carier is provided on local exchange company Featue Group circuits and the connection to the Customer is a LEC-provided business or residential access line. The cost of switched Feature Group access is biled to the interexchange carrier. NET TALK.COM, INC.- Used throughout this Price List to refer to NET TALK COM, INC.. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 10 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS 2.1 Undertaking of Net Talk Comunications Corp. Nationwide Pro Tel's services and facilties are fiished for communications originating thughout the State ofIdaho under terms of this Price List. Nationwide Pro Tel installs, operates, and maintains the communications services provided hereinunder in accordance with the terms and conditions set fort under this rate sheet. Nationwide Pro Tel may act as the Customer's agent for ordering access connection facilities provided by other entities, when authorized by the Customer, to allow connection of a Customer's location to the Nationwide Pro Tel network. The Customer shall be responsible for all charges due for such service argement. The Company=s services are provided on a monthly basis, unless otherwise stated in this Price List. Services are available twenty-four (24) h ours per day, seven (7) days per week. 2.2 Use 2.2.1 Services provided under this Price List may be used by the Customer for any lawfl ' telecommunications purpose for which the service is technically suited. 2.2.2 The services the Company offers shall not be used for any unlawfl purpose or for any use as to which the Customer has not obtained all rtquired governental approvals, authorizations, licenses, consents and permits. 2.2.3 The Company may require applicants for service who intend to use the Company's offerings for resale, shared and/or joint use to file a letter with the Company confirming that their use of the Company's offerings complies with rele vant laws and the Commission's regulations, policies, orders, and decisions. 2.2.4 A Customer may transmit or receive information or signals via the facilties of the Company. The Company's services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this Price List. A user may transmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services wil be suitable for puroses other than voice-grade telephonic communication except as specifically stated in this Price List. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 11 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.3 Limitations 2.3.1 The Company reserves the right to disconti nue service when necessitated by conditions beyond its control, or when the Customer is using the service in violation of the provisions of this Price List, or in violation of the law. 2.3.2 Service is offered subject to the availabilty of the necessar facilities and equipment, or both facilties and equipment, and subject to the provisions of this Prce List. 2.3.3 The Company does not underte to transmit messages, but offers the use of its facilities when available, and wil not be liable for erro rs in transmission or for failure to establish connections. 2.3.4 Service may be limited or discontinued by the Company, without notice to the Customer, by blocking trffc to certin countres, cities, or NXX exchanges when the Company deems it necessar to take such action to prevent unlawfl use of its service. Service wil be restored as soon as it can be provided without undue risk. 2.3.5 The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilties offered by the Company, when necessar because of lack of facilties, or due to some other cause beyond the Company's control. 2.3.6 To the extent that any conflict arises be tween the terms and conditions of a service agreement or other contrct and the terms and conditions of this Price List, the Price List shall prevaiL. 2.3.7 Title to all equipment provided by the Company under this Price List remains with the Company. NET TALK. COM, INC. A. Kyriakides,President 1100NW 163rdDr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 12 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.4 Assignment and Transfer 2.4.1 All facilties provided under this Price List ar e directly or indirectly controlled by Net Talk Communications Corp. and neither the Customer nor Subscriber may transfer or assign the use of service or facilities without the express wrtten consent of the Company. All regulations and conditions contai ned in this Price List shall apply to all such permitted assignees or transferees, as well as all conditions of service. Such trsfer or assignment, when permitted, shall only apply where there is no interrption of the use or location of the service or facilties. 2.4.2 Customer may request Carer to assign one or more sub-accounts for biling purposes, and to direct sub-account invoices to Customer =s affliates or other designated entities for payment. Such requests shal not affect the liability of the Customer, who shall remain solely liable to the Company for payment of all invoices for service requested and obtained by Customer, whether invoiced by the Co mpany to the Customer, the Customer =s affliates, or other designated entities. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. ' N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 13 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Liabilty of the Company 2.5.1 NET TALK COM, INC. =s liabilty for damages arising out of mistakes, interrptions, omissions, delays, errors, or defects in transm ission which occur in the course of furnishing service or facilities, in no event shall ex ceed $100.00 or an amount equivalent to the proportionate charge to the Customer, whiche ver is less, for the period during which the faults in trsmission occur. Except as set fort h above, the Company shall not be liable for any direct, indirect, consequential, special, actual, punitive or any other damages, or business interrption, or for any lost profits of any kind or nature whatsoever arising out of any defects or any other cause. In the event of an interrption in service or any defect in the service whatsoever, neither the Company no r any affliated or unaffliated third par provider or operator of facilties employed in the provision of the service shall be liable for any direct, indirect, consequential, special, act ual, punitive or any other damages, or for any lost profits of any kind or nature whatsoever. Moreover, any such mistakes, omissions, interrptions, delays, errors, or defects in transmission or service, which are caused or contributed to by the negligence or wilful act of the Customer, or Authorized User, or joint user, or which arse from the use of Customer provided facilities or equipment shall not result in the imposition of any liabilty whatsoever upon the Company. 2.5.2 The Company shall not be liable for any claim or loss, expense or damage (including indirect, special or consequential damage), for any interrption, delay, error, omission, or defect in any service, facilty or transmission provided under this Price List, if caused by any person or entity other than the Company, by any malfuction of any service or facility provided by any other carier, by an Act of God, fire, war, civil distubance, or act of government, or by any other cause beyond the Company's direct control. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 14 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Liabilty of the Company, (Contd.) 2.5.3 Indemnification - The Company =s liabilty, if any, for its gross negligence or wilful misconduct is not limited by this Price List. With respect to any other claim or suit by a Customer or by any others, the Customer indemnifies and saves harless the Company against claims, losses or suits for injury to or death of any person, or damage to any propert which arises from the use, placement or presence of the Company= equipment, facilities and associated wiring of the Customer =s premises and further the Customer indemnifies and saves harless the Company against claims for libel, slander, invasion of privacy or the infringement of copyright arising directly or ndirectly from the material transmitted over the facilties of the Company or the use thereof by the Customer; against claims for infringement of patents arising from combining with or usi ng in connection with, facilties fuished by the Company and apparatus, equipment and sy stems provided by the Customer; and against all other claims arising out of any act or omission of the Customer in connection with the services or facilities provided by the Company. No agents or employees of other carers shall be deemed to be agents or employees of the Company. 2.5.4 Defacement of premises: No liability sha II attch to the Company by reason of any defacement or damage to the Customer =s premises resulting from the existence of the Company=s equipment or facilties on such premises, or by the installation or removal thereof, when such defacement or damage is not the result of the negligence of the Company or its employees. 2.5.5 The Company is not liable for any act or omission of any other entity furnishing a porton of the service or any acts or omission of the Customer. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 15 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.5 Liabilty of the Company, (Contd.) 2.5.6 Service furnished by the Company may be in terconnected with the services or facilities of other carers or private systems. However, service fuished is provided solely by the Company and is not a joint underting with other paries. 2.5.7 The Company shall not be liable for any claim, loss, or refud as a result of loss or theft of Personal Identification Numbers issued for use with the Company's services. 2.5.8 The Company shall not be liable for any da mages, including usage charges, that the Customer may incur as a result of the unauthorized use of authorization codes of communications equipment. The unauthorized use of communications equipment includes, but is not limited to, the placement of calls from the Customer- premises, and the placement of calls through equipment controlled and/or provided by the Customer that are transmitted over the company~ network without the authorization of the Customer. The Customer shall be fully liable for all such usage charges. 2.5.9 The included Price List language does not constitute a determination by the Commission that a limitation of liability imposed by the Comp any should be upheld in a court of law. Acceptance for filing by the Commission recognizes that it is a cour's responsibility to adjudicate negligence and consequential damage claims. It is also the cour's responsibilty to determine the validity of the exculpatory clause. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. I Original Page 16 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.6 Customer Responsibilty 2.6.1 All Customers assume general responsibilties in connection with the provisions and use of the Company=s service. When facilities, equipment, and/or communication systems provided by others are connected to the Company =s facilities, the Customer assumes additional responsibilties. All Customers are responsible for the following: A. The Customer is responsible for placing orders for service, paying all charges for service rendered by the Company and complying with all of the Company =s regulations governing the service. The Customer is also responsible for assuring that its users comply with regulations. B. When placing an order for service, the Customer must provide: 1. The names and addresses of the pers ons responsible for the payment of service charges, and 2. The names, telephone numbers, and addresses of the Customer contact persons. C. The Customer must pay the Company for the replacement or repair ofthe Company=s equipment when the daage results from: 1. The negligence or wilful act of the Customer or user; 2. Improper use of service; and 3. Any use of equipment or service provided by others. D. After receipt of payment for the daag es, the Company wil cooperate with the Customer in prosecuting a claim against any third par causing damage. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 17 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.6 Customer Responsibilty, (Cont =d.) 2.6.2 Biling and Payment For Service A. Responsibilty for Charges The Customer is responsible for payment of all charges for services and equipment furnished to the Customer for trsmission of calls via the Company. In paricular and without limitation to the foregoing, the Customer is responsible for any and all cost( s) incurred as the result of: 1. any delegation of authority resulting in the use of his or her communications equipment and/or network services whic h result in the placement of calls via the Company; 2. any and all use ofthe services provided by the Company, including calls which the Customer did not individually authorize; 3. any calls placed by or though the Customer's equipment via any remote access feature( s); Charges for installations, service connections, moves and rearangements are payable upon demand to the Company or its authorized agent. Biling thereaftr wil include recurrng charges and actual usage as defined in this Price List. B. Disputed Charges Any objections to biled charges must be reportd to the Company or its billng agent in writing within twenty (20) days ofthe closing date printed on the invoice or statement issued to the Customer. Adjustments to Customers' account shall bemade to the extent that circumstances exist wh ich reasonably indicate that such changes are appropriate. Should the Customer be dissatisfied with the disposition of a complaint, the Customer may appeal to the Commission Customel" may contact the Commission at the following address and telephone number: 472 West Washington, Boise, Idaho 83702, 800-432-0369. NET TALK. COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 18 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULTIONS, (CONT'D.) 2.6 Customer Responsibilty, (Cont'd.) 2.6.3 Taxes and Fees A. All state and local taes (e.g., gross receipts ta, sales ta municipal utilities ta) are not included in the rates under this Pri ce List, but shall be listed as separate line items on the Customer =s bil. B. To the extent that a municipality, other political subdivision orlocal agency of government, or commission imposes and collects from the Company a gros receipts tax, occupation tax, license ta permit fee, frchise fee, or regulatory fee, such taes and fees shall, as allowed by law, be biled pro rata to the Customer receiving service from the Company within the territori al limits of such municipality, other political subdivision or local agency of government. C. Service shall not be subject to taes for a given taxing jurisdiction if the Customer provides the Company with wrtten verification, acceptable to the Company and to the relevant taing jurisdiction, that the Customer has been granted a ta exemption. D. The Company may adjust its rates or impose additional rates on its Customer to recover amounts it is required by governmental or quasi-governmental authorities to collect from or pay to others in support of statUtory or regulatory progrms. NET TALK.COM, INC. A. Kyrakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 119 Issued9/3 0/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.6 Customer Responsibilty, (Contd.) 2.6.4 Late Payment Fees A late payment fee of 1.5% per month wil be charged on any past due balance. Any applicable late payment fees wil be assessed according to the terms and conditions of the Company or its biling agent and pursuant to Idaho state law. 2.6.5 Return Check Charge The Company wil assess a retu check charge of up to $25.00, whenever a check or drft presented for payment of service is not accepte d by the institution on which it is wrtten. This charge applies each time a check is returned to the Company by a bank for insuffcient funds. At the discretion of the Company, the insuffcient funds check charge may be waived under appropriate circumstaces (e.g., a bank error). 2.6.6 Deposits The Company does not collect Customer deposits. 2.6.7 Advance Payments The Company does not require advance payments for service. 2.6.8 Cancellation by Customer Customers may cancel service verbally or in writing at any time. The Company shall hold the Customer responsible for payment of all ch arges, including fixed fees, surcharges, etc., which accrue up to the cancellation date. Charges may be avoided by dialing another carer's access code. In the event the Customer execu tes a term commitment ageement with the Company, the Customer must cancel service aid terminate the agreement in accordance with the agreement terms. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. I Original Page 20 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.7 Refunds or Credits for Servce Outages or Interruptions 2.7.1 An interrption period begins when the Customer reports a service, facilty or circuit to be inoperative and, if necessar, releases it for testing and repair. An interrption period ends when the service, facility or circuit is operative. Credits for service outages or interrptions are subject to the regulations listed below. 2.7.2 If the Customer reports a service, facilty or circuit to be interrpted but declines to release it for testing and repair, or refuses ac ess to its premises for test and repair by the Company, the service, facility or circuit is considered to be impaired but not interrpted. No credit allowances wil be made for a service, facility or circuit considered by the Company to be impaired. 2.7.3 Credit allowances for interrp tion periods which are not due to the Company's testing or adjusting, to the negligence of the Customer, or to the failure of chanels, equipment and/or communications systems provided by the Cust omer, are subject to the general liability provisions set forth in this Price List. It shall be the obligation of the Customer to notify Company immediately of any interrption in service for which a credit allowance is desired by Customer. Before giving such notice, the Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any, fuished by Customer. 2.7.4 The Customer shall be responsible for th e payment of service charges based upon time and materials for visits by the Company's agents or employees to the premises ofthe Customer when the service diffculty or trouble report results from the use of equipment or facilties provided by any part other than the Company, including but not limited to the Customer. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 21 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.7 Refunds or Credits for Service Outages or Interruptions, (Contd.) 2.7.5 For purposes of credit computation every month shall be considered to have seven hundred and twenty (720) hours. For services with a monthly recurrng charge, no credit shall be allowed for an interrption of continuous durati on of less than four (4) hours. The Customer shall be credited for an interrption of four (4) or more hours at the rate of l/72Oth ofthe monthly charge for the services affected for each hour that the interrption continues. The formula used for computation of credits is as follows: Credit = A/720 x B A = outage time in hours (must be 4 or more) B = total monthly recurng charge for affected service. 2.7.6 For usage sensitive long distance services, credits wil be limited to, a maximum, the price of the Initial Period of the individual call that w as interrpted plus any per call charges or surcharges required to reconnect the caller. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 22 ' Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.8 Cancellation or Termination of Service by Customer 2.8.1 Customers of pre subscribed long distance services may cancel service at any time by providing NET TALKCOM, INC. with wr itten or verbal notification. The Company shall hold the Customer responsible for payment of all bils for service fuished until the cancellation date specified by the Customer or until the date that the cancellation notice is received, whichever is later. 2.9 Cancellation or Termination of Servce by Company 2.9.1 For nonpayment: The Company may terminate service to a Customer or Subscriber for nonpayment of undisputed charges upon five (5 ) days written notice to the Customer or Subscriber without incuring any liability for damages due to loss of telephone service to the Customer or Subscriber. 2.9.2 NET TALKCOM, INC. may refuse or discontinue service under the following conditions provided that, unless otherwise stated, the Customer shall be given five (5) days notice to comply with any rule or remedy any deficiency: A. For non-compliance with or violation of any State, Municipal, or Federal law, ordinance or regulation pertining to telephone service. B. For use of telephone service for any pur pose other than that described in the application. C. For neglect or refusal to provide reasonable acces to Net Talk or its agents for the purpose of inspection and maintenance of equipment owned by NET T ALKCOM, INC. or its agents. D. For noncompliance with or violation of Commission regulation or Net Talk rules and regulations on fie with the Commission. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Prce List No. 1 Original Page 23 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.9 Cancellation or Termination of Service by Company, (Contd.) 2.9.2 Continued E. Without notice in the event of Customer, Subscriber or Authorized User use of equipment in such a manner as to adversely affect NET TALK COM, INC. =s equipment or service to others. F. Without notice in the event of tapering with the equipment or services owned by NET TALK COM, INC. or its agents. G. Without notice in the event ofunauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, NET TALKCOM, INC. may, before restoring service, require the Customer or Subscriber to make, at his or her own expense, all changes in facilities or equipment necessar to eliminate ilegal use and to pay an amount reasonably estimaed as the loss in revenues resulting from such fraudulent use. H. Without notice by reason of any order or decision of a cour or other government authority having jurisdiction which prohibits Company from furnishing such services. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 24 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.10 Interconnection Service furnished by NET TALKCOM, INC. may be connected with the services or facilities of other cariers. Such service or facilties are provi ded under the terms, rate s and conditions of the other carer. The Customer is responsible for all clBges biled by other carers for use in connection with NET TALK.COM, INC. =s service. Any special interface equipment or facilities necessar to achieve compatibilty be tween cariers is the res ponsibility of the Customer. 2.11 Terminal Equipment The Company's facilities and service may be used w ith or terminated in terminal equipment or communications systems such as a PBX, key system, single line telephone, or pay telephone. Such terminal equipment shall be furnished and maintain ed at the expense of the Customer. The Customer is responsible for all costs at his or her premises, including personnel, wiring, electrical power, and the like, incurred in the use of NET TALK COM, INC. service. When such terminal equipment is used, the equipment shall comply with the generally accepted minimum protective criteria stadards of the telecommunications industr. 2.12 Inspection, Testing and Adjustment Upon reasonable notice, the facilties or equipment pvvided by the Company shall be made available to the Company for such tests and adjustment s as may be necessar for their maintenance in a condition satisfactory to the Company. No inter uption allowance shal be granted for the time during which such tests and adjustments are made, unless such interrption exceeds twenty-four hours in length and credit for the interrption is requested by the Customer. NET TALK. COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Prce List No. 1 Orginal Page 25 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 2 - RULES AN REGULATIONS, (CONT'D.) 2.13 900, 976 and 700 Numbers The Company does not provide 900, 976 or 700 number services. Customer calls placed to these numbers are routed to the local or long distance carier providing the service. Customers may contact their local exchange carier or the carer providing the service to request blocking of access to these numbers. 2.14 Other Rules The Company may temporarly suspend service without notice to the Customer, by blocking traffc to certin cities ofNX exchanges, or by blocking calls using certin Personal Identification Numbers when the Company deems it necessar to tae such action to prevent unlawfl use of its service. The Company wil restore service as soon as service can be provided without undue risk. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 26 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 3 - SERVICE DESCRITIONS AN RATES 3.1 General NET TALKCOM, INC. provides long dist ance service to Customers for communications originating and terminating throu ghout the State of Idaho. 3.2 Timing of Calls The Company does not offer time sensitive calls. 3.3 Holidays The Company does not offer rate discounts for calls placed on state of federal holidays. 3.4 Rate Periods The Company does not rate calls based on time-of-day. 3.5 Calculation of Distance The Company does not rate calls based on distace. NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List No. 1 Original Page 27 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 3 - SERVICE DESCRITIONS AN RATES, (CONT'D.) 3.6 Direct Dial Service Direct Dial Service rates apply when the Customer dials the telephone number without the assistace of an operator and the call is biled to the ca lling number. Usage is biled in one (1) minute increments with a one (1) minute minimum period. Per Minute Usage Rate All Times of Day $0.25 NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 Idaho Price List NO.1 Original Page 28 Issued: 9/30/08 Effective: Oct 302008 SECTION 3 - SERVICE DESCRITIONS AN RATES, (CONT'D.) 3.7 Public Telephone Surcharge In order to recover the Company =s expenses to comply with the FCC =s pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undi;countable per call charge is applicable to all interstate, intrastate and international calls that originate from any domestic pay telephone used to access the Company's services. This surcharge, which is in additi:m to stadard taffed usage charges and any applicable service charges and surcharges associated with the Company's service, applies for the use of the instrment used to access The Company service and is unrelated to the Company service accessed from the pay telephone. Pay telephones include coin-ope rated and coinless phones owned by local telephone companies, independent companies and other interexchange cariers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (i.e., using the l#(ßsymbol). Whenever possible, the Public Pay Telephone Surcharge wil appear on the same invoice containing the usage charges for the surcharg ed call. In cases where proper pay telephone coding digits ar not transmitted to the Company prior to completion ofa call, the Public Pay Telephone Surcharge may be biled on a subsequent invoice after the Company has obtained information from a carier that the originating station is an eligible pay telephone. The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call. Rate per Call $0.60 NET TALK.COM, INC. A. Kyriakides,President 1100 NW 163rd Dr. N. Miami Beach FL 33169 ,Idaho Price List No. 1 Original Page 29 Issued: 9/30/08 Effective: Oct 30 2008 SECTION 4 - PROMOTIONS 4.1 Demonstration of Service From time to time the Company may demonstrate service for potential Customers by providing free use of its network on a limited basis for a period oftime, not to exceed one (1) month. Demonstration of service and the tye, duration or quantity of service provided wil be at the Company's discretion. 4.2 Promotions - General From time to time, the Carer may provide promotional offerings to introduce a curnt or potential Subscriber to a service not being used by the subscriber. These offerings may be limited to certain dates, times or locations and may waive or reduce recurring or non-recurrng charges. The Commission wil be notified of all promotions. NET TALK.cOM, INC.Idaho Tarff No. 1 Orginal Title Page LOCAL EXCHAGE SERVICES TARF IDAHO LOCAL EXCHAGE TELECOMMCATIONS SERVICES TARF OF NET TALK.COM, INC. This tariff contains the descriptions, regulations, and rates applicable to the provision of local exchange telecommunications services provided by NET TALKCOM with principal offce at 1100 NW 163rd Dr., Suite 3 N Miami Beach, FL 33169 for services furnished within the State ofIdao. This taff is on file with the Idaho Public Utilties Commission, and copies may be inspected, during normal business hours, at the Company's principal place of business. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Preface Original Page 1 LOCAL EXCHANGE SERVICES TARIF TABLE OF CONTENTS Page PREFACE Table of Contents ................................................................................... 1 Check Sheet.......... ............................. ......... ........... ...... ................. .......... Explanation of Symbols ......................................................................... 4 Application of Tariff .............................................................................. 5 SECTION 1 - DEFINITIONS SECTION 2 - RULES AND REGULATIONS SECTION 3 - SERVICE AREAS SECTION 4 - SERVICE CHARGES AND SURCHARGES SECTION 5 - LOCAL EXCHANGE SERVICE SECTION 6 SUPPLEMENTAL SERVICES Issued:Effective: Oct 30,2008 AKyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Preface Original Page 2 LOCAL EXCHANGE SERVICES TARF CHECK SHEET The Title Page and pages listed below ar inclusive and effective as of the date shown. Original and revised pages as named below contain all changes from the original rate sheet that are in effect on the date shown on each page. SECTION PAGE REVISION SECTION PAGE REVISION Title Original *2 19 Original * Preface 1 Original *2 20 Original * Preface 2 Original *2 21 Orginal * Preface 3 Original *2 22 Orginal * Preface 4 Original *2 23 Original * Preface 5 Original *2 24 Original * 1 Original *2 25 Original * 1 2 Original *2 26 Original * 1 3 Original *2 27 Original * 1 4 Original *2 28 Original * 1 5 Original *2 29 Original * 2 1 Original *2 30 Orginal * 2 Original *2 31 Original * 2 3 Original *2 32 Original * 2 4 Original *2 33 Original * 2 5 Original *2 34 Original * 2 6 Original *2 35 Original * 2 7 Original *2 36 Original * 2 8 Original *2 37 Original * 2 9 Original *3 1 Original * 2 10 Original *4 1 Original * 2 11 Original *4 2 Original * 2 12 Original *4 3 Original * 2 13 Original *4 Original * 2 14 Original *4 5 Original * 2 15 Original *4 6 Original * 2 16 Original * 2 17 Original * 2 18 Original * * - indicates those pages included with this filing Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Preface Original Page 3 LOCAL EXCHANGE SERVICES TARIF CHECK SHEET, CONT ::. SECTION PAGE REVISION SECTION PAGE REVISION 5 1 Original * 5 2 Original * 6 1 Original * 6 2 Original * 6 3 Original * 6 4 Original * 6 5 Original * 6 Original * 6 7 Original * 6 8 Original * 6 9 Original * 6 10 Original * * - indicates those pages included with this fiing Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 Idaho Tariff No. 1 Preface Orginal Page 4 NET TALK.COM, INC. LOCAL EXCHANGE SERVICES TARIFF EXPLAATION OF SYMOLS When changes are made in any tariff sheet, a revised sheet wil be issued canceling the taiff sheet affected. Changes wil be identified on the revised sheet (s) though the use of the following symbols: (C) (D) (1) (N) (R) (T) (M) To signify changed rate, regulation or condition. To signify discontinued ra te, regulation or condition. To signify increase. To signify new material, including a listi ng, rate, regulation, rule or condition. To signify reduction. To signify a change in the word oftext, but no change in the rate, rule or condition. Moved from another tarff location. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Preface Original Page 5 LOCAL EXCHANGE SERVICES TARIFF APPLICATION OF TARFF This tariff sets fort the service offerings, rates, terms and conditions applicable to th furnishing of intrastate end-user local exchange communications services byNET TALKCOM, INC., hereinafer referred to as the Company, to Customers within the state ofIdaho. Net Talk services are furnished subject to the availabilty of facilties and subject to the terms and conditions set forth herein. This tariff is on fie with the Idaho Public Utilties Commission. In addition, this taff is available for review at the main offce of NET TALK COM, INC. at 1100 NW 163rd Dr Ste. 3, N Miami Beach, Florida 33169. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 1 Orginal Page i LOCAL EXCHAGE SERVICES TARIFF SECTION 1.0 - DEFINIONS For the purose ofthis taff, the following definitions wil apply: Access Line - An arangement from a local exchange telephone company or other common carer, using either dedicated or switched access, which connects a Cu stomer's location to Carier's location or switching center. Advance Payment - Par or all of a payment required before the sta of service. Authorition Code - A numerical code, one or more of which may be assigned to a Customer, to enable Carer to identify the origin of service of the Customer so it may rate and bil the call. All authorization codes shall be the sole propert of Carrer and no Customer sha II have any propert or other right or interest in the use of any paricular authorization code. Automatic numbering identification (ANI) may be used as or in connection with the authorization code. Authorized User - A person, firm or corporation authorized by the Customer to be an end-user of the service ofthe Customer. Automatic Numbering Identification (AN - A tye of signaling provided by a local exchange telephone company which automatically identifies the local exchange line from which a call originates. Commission - The Idaho Public Utilities Commission. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 1 Original Page 2 LOCAL EXCHANGE SERVICES TARIF SECTION 1.0 - DEFINIONS, CONT ::. Common Carrier - An authorized company or entity providing telecommunications services to the public Company - NET TALKCOM, INC., the issuer of this taff. Customer - The person, firm or corporation that orders seivice and is responsible for the payment of charges and compliance with the terms and conditions ofthis taiff. Customer Premises - A location designated by the Customer for the puroses of connecting to the Company=s services. Customer Terminal Equipment - Terminal equipment provided by the Customer. End Offce - The LEC switching system offce or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trnks. End-User Premises - A location designated by the Customer for the purposes of connecting to the Company=s services. Equal Access - A form of dialed access provided by local exchange companies whereby interexchange calls dialed by the Customer are automatically routed to the Company's network. Presubscribed Customers may also route interexchange calls to the Company's network by dialing an access code supplied by the Company. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW i 63rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section I Onginal Page 3 LOCAL EXCHANGE SERVICES TARIFF SECTION 1.0 - DEFINTIONS, CONT :D. Exchange Telephone Company or Telephone Company - Denotes any individual, parership, association, joint-stock company, trst, or corporation authori zed by the appropriate regulatory bodies to engage in providing public switched communication service throughout an exchange area, and between exchange areas within the LATA. ICD - Individual Case Basis. IXC or Interexchange Carrier - A long distace telecommunications services provider. Interrption - The inability to complete calls due to equipment malfunctions or human errors. Interrption shall not include, and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or other network and/or switching capabilty shortges. Nor shall Interrption include the failure of any service or facilities provided by a common carier or other entity other than the Carier. Any Interrption allowance provided within this Tarff by Carier shall not apply where service is interrpted by the negligence or wilful act of the Customer, or where the Carer, pursuant to the terms of this Tarff, terminates service because of non-payment of bils, unlawfl or improper use of the Carier's facilties or service, or any other reason covered by this Tari ff or by applicable law. LATA - A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States Distrct Court for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carier Association, Inc. Tarif F.C.C. No.4, or its successor tariff(s). LEC - Local Exchange Company refers to the dominant, monopoly local telephone company in the area also served by the Company. Monthly Recurring Charges - The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service. MOU - Minutes of Use. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW163rd Dr Ste. 3 N. Miami Beach, FI 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 1 Original Page 4 LOCAL EXCHAGE SERVICES TARIFF SECTION 1.0 - DEFINTIONS, CONT :D. Serving Wire Center - A specified geographic point from which the vertical and horizontal coordinate is used in calculation of airline mileage. Shared Inbound Calls - Refers to calls that are terminated via the Customer's Company-provided local exchange line. Shared Outbound Calls - Refers to calls in Feature Group (FGD) exchanges whereby the Customer's local telephone lines are pre subscribed by the Company to the Company's outbound service such that "1 + 10-digit number" calls are automatically routed to the Company's or an IXC =s network. Calls to stations within the Customer=s LATA may be placed by dialing "10XXX" or "IOIXXX" with 1 + 10-digit number." Station - The network control signaling unit and an yother equipment provided at the Customer =s premises which enables the Customer to establish communications con ections and to effect communications though such connections. Subscriber - The person, firm, parership, corporation, or other entity who orders telecommunications service from Net Talk. Service may be ordered by, or on lllf of, those who own, lease or otherwise manage the pay telephone, PBX, or other switch vehicle from which an End User places a call utilizing the services of the Company. NECA - National Exchange Cariers Association. Non-Recurring Charge (JNC~ - The initial charge, usually assessed on a one-time basis, to initiate and establish service. PIN - Personal Identification Number. See Authorization Code. Point of Preence (PPOP~ - Point of Presence Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No: 1 Section 1 Original Page 5 LOCAL EXCHANGE SERVICES TARIFF SECTION l~O - DEFINTIONS, CONT =D. Recurring Charges - Monthly charges to the Customer for services, and equipment, which continues for the agreed upon duration of the service. Service - Any means of service offered herein or any combination thereof. Service Order - The written or verbal request for Company serices by the Customer and the Company in the format devised by the Company. A Service Order initiate; the respective obligations of the paries as set fort therein and pursuant to this taff. Switched Access Originationlermination - Where access between the Customer and the interexchange carrier is provided on local exchange company Feature Group circuits and the connection to the Customer is a LED-provided business or residential access line. The cost of switched Feature Group access is biled to the interexchange carier. Terminal Equipment - Any telecommunications equipment other than the trsmission or receiving equipment installed at a Company location. Usage Charges - Charges for minutes or messages traversing over local exchange facilties. User or End User - A Customer, Joint User, or any other person authorized by a Customer to use service provided under this taiff. Net - NET TALKCOM, INC., issuer of this tariff. Talk Issued: Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 1 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS 2.1 Undertking of the Company 2.1.1 Scope The Company undertakes to furnish communicati ons service puruant to the terms of this tariff in connection with one-way and/or two-way information trsmission originating from points within the State of Idaho, and terminating within a local calling area as defined herein. The Company is responsible under this ta ff only for the services and facilties provided hereunder, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its own Customers. 2.1.2 Shortge of Equipment or Facilties A.The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilties offered by th e Company, when necessary because of lack of facilities, or due to some other cause beyond the Company's control. B.The fuishing of service under this taiff is subject to the availabilty on a continuing basis of all the necessar facilities and is limited to the capacity of the Company's facilties as well as facilties the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 2 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertking ofthe Company, Cont =d. 2.1.3 Terms and Conditions A. Service is provided on the basis of a minimum period of at least thirt (30) days, 24- hours per day. For the purse of computing charges in this taff a month is considered to have thirt (30) days. B. Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this taff. Customers wil also be required to execute any other documents as may be reasonably requested by the Company. C. Except as otherwise stated in the taiff, at the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall continue on a month to month basis at the then current ra tes unless terminated by either par upon notice. Any termination shall not relieve th e Customer of its obligation to pay any charges incurred under the service order and this tariff prior to termination. The rights and obligations which by their natu re extend beyond the termination of the term of the service order shall survive such termination. D. Service may be terminated upon wrtten notice to the Customer if: .1 the Customer is using the service in violation of this tariff; or .2 the Customer is using the service in violation of the law. E.This tarff shall be interpreted and govern ed by the laws of the State of Idaho without regard for its choice of laws provision. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK-COM, INC.Idaho Tarff No. 1 Section 2 Original Page 3 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking of the Company, Cont =d. 2.1.3 Terms and Conditions, Cont =d. F. G. H. Any other Telephone Company may not inte rfere with the right of any person or entity to obtain service directly from the Company. No person or entity shall be required to make any payment, incur any penalty, monetar or otherwse, or purchase any services in order to have the right to obtain service directly from the Company. To the extent that either the Company or any other Telephone Company exercises control over available cable pairs, conduit, duct space, raceways, or other facilities needed by the other to reach a person or entity, the par exercising such control shall make them available to the other on terms equivalent to those under which the Company makes similar facilities under its control available to its Customers. At the reasonable request of either par, the Company and the Other Telephone Company shall jointly attempt to obtain from the owner of the propert access for the other part to serve a person or entity. The Company hereby reserves its rights to establish service packages specific to a paricular Customer. These contracts mayor may not be associated with volume and/or term discounts. All service packages established by the Company wil be filed with the Commission prior to the furnishing of service. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 4 LOCAL EXCHAGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking of the Company, Cont =d. 2.1.4 Limitations on Liabilty A.Except as otherwise stated in this section, the liabilty of the Company for damages arising out of either: (I) the furnishing of its services, iÌcluding but not limited to mistakes, omissions, interrptions, delays, or errors, or other defects, representations, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interrptions in service as set fort in Section 2.7. B.Except for the extension of allowances to the Customer for interrptions in service as set forth in Section 2.7, the Company shall not be liable to a Customer or third par for any direct, indirect, special, incidental, reliance, consequential, exemplar or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interrption, failure to provide any service or any failur in or breakdown of facilities associated with the service. C.The liability of the Company for errors in biling that result in overpayment by the Customer shall be limited to a credit equa i to the dollar amount erroneously biled or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously biled. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK-COM, INC.Idaho Tarff No. 1 Section 2 Orginal Page 5 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking of the Company, Cont =d. 2.1.4 Limitations on Liabilty, Cont =d. D. The Company shall be indemnified and saved harless by the Customer from and against all loss, liabilty, damage and expense, including reasonable counsel fees, due to: .1 Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilties for use in conjunction with services or facilties provided by the Company; or (c) common carers or warehousemen, except as contracted by the Company; .2 Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earquakes, hurricanes, or other catatrophes; national emergencies, insurections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor diffculties; criminal actions taken against the Company; unavailabilty, failure or malfunction of equipment or facilties provided by the Customer or third paries; and any law, order, regulation or other action of any governing authority or agency thereof; .3 Any unlawful or unauthorized use of the Company's facilties and services; .4 Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arsing from or in con ection with the material transmitted by means of Company-provided facilities or services; or by means of the combination of Company-provided facilties or services; .5 Breach in the privacy or security of communications trsmitted over the Company's facilities; Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 6 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT =D. 2.1 Undertaking of the Company, Cont =d. 2.1.4 Limitations on Liabilty, Cont =d. D. Cont=d. .6 Changes in any of the facilties, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or a Iteration of such equipment, facilties or services, or otherwise affect th eir use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Compan y's liabilty is limited as set forth above in Section 2.1.1.A. .7 Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof; .8 Injury to propert or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, arising out of, or caused by, any act or omission of the Customer, or the constrction, installation, maintenance, presence, use or removal of the Customer's facilties or equipment connected, or to be connected to the Company's facilties; .9 Any noncompletion of calls due to network busy conditions; .10 Any calls not actully attempted to be completed during any period that service is unavailable; .11 And any other claim resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of the Company =s services or facilties. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Orginal Page 7 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking ofthe Company, Cont~. 2.1.4 Limitations on Liabilty, Cont =d. E. The Company does not guarantee nor make any waranty with respect to installations provided by it for use in an explosive atmosphere. F. G. H. The Company makes no waranties or representations, EXPRESS OR IMLIED, either in fact or by operation of law, statutory or otherwise, including warties of merchantabilty or fitness for a paricular use, except those expressly set fort herein. Failure by the Company to assert its rights pursuant to one provision of this taiff does not preclude the Company from asserting its rights under other provisions. Directory Errors - In the absence of gross negligence or wilful misconduct, no liabilty for damages arising from errors or mistaes in or omissions of directory listings, or errors or mistaes in or omissions of listing obtainable from the directory assistace operator, including errors in the reporting thereof, shall attch to the Company. An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistaes in or omissions of listing obtainable from the directory assistance operator shall be at the monthly taiff rate for each listing, or in the case of a free or no-charge directory listing, credit shall equal two times the monthly tariff rate for an additional listing, for the life of the directory or the charge period during which the error, mistake or omission occurs. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 8 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking ofthe Company, Cont =d. 2.1.4 Limitations on Liabilty, Cont =d. I. With respect to Emergency Number 911 Service: .1 This service is offered solely as an aid in handling assistace calls in connection with fire, police and other emergencies. The company is not responsible for any losses, claims, demands, suits or any liabilty whatsoever, whether suffered, made instituted or asserted by the Customer or by any other par or person for any personal injury or death of any person or persons, and for any loss, dama ge or destrction of any .propert, whether owned by the Customer or others, caused or claimed to have been caused by: (1) mistaes, omissions, interrptions, delays, errors or other defects in the provision of service, or (2) installation, operation, failure to operate, maintenance, removal, presence, condition, local or use of any equipment and facilities furnishing this service. .2 Neither is the Company responsible for any infringement, nor invasion of the right of privacy of any person or persons, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the equipment associated therewith, or by any services furnished by the Company, including, but not limited to the identification of the telephone number, address or name associated with the telephone used by the par or paties accessing emergency 911 service, and which arise out of the negligence or other wrongfl act of the Company, the Customer, its users, agencies or municipalities, or the employees or agents of anyone of them. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 9 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking of the Company, Cont =d. 2.1.4 Limitations on Liabilty, Cont ::. I. With respect to Emergency Number 911 Service, Cont =d. .3 When a Customer with a nonpublished telephone number, as defined herein, places a call to the emergency 911 service, the Company wil release the name and address of the callng par, where such information can be determined, to the appropriate local governmental authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to service under this taff, the Customer acknowledges and agrees with the release of information as described above. J. The included tariff language does not constitute a determination by the Commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptace for filing by the Commission recognizes that it is a court's responsibilty to adjudicate negligence and consequential daage claims. It is also the court's responsibility to determine the validity of the exculpatory clause. 2.1.5 Notifcation of Service-Affecting Activities The Company wil provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or reagements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service activities. The Company wil work cooperatively with the Customer to determine the reasonable notification requi rements. With some emergency or unplaned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 10 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking of the Company, Cont =d. 2.1.6 Provision of Equipment and Facilties A. The Company shall use reasonable effo rts to maintain only the facilties and equipment that it furnishes to the Customer. The Customer may not nor may the Customer permit others to rearange, di sconnect, remove, attempt to repair, or otherwise interfere with any of the facilties or equipment installed by the Company, except upon the written consent of the Company. B. The Company may substitute, change or rearrange any equipment or facilty at any time and from time to time, but shal not the~by alter the technical parameters of the service provided the Customer. C. Equipment the Company provides or insta lIs at the Customer Premises for use in connection with the services the Company 0 ffers shall not be used for any purose other than that for which the equipment is provided. D. Except as otherwise indicated, Customer provided station equipment at the Customer's premises for use in connection with this service shall be so constrcted, maintained and operated as to work satismctorily with the facilties of the Company. E. The Company shall not be responsible forthe installation, operation, or maintenance of any Customer provided communications equipment. Where such equipment is connected to the facilties furnished pursuant to this taiff, the responsibilty of the Company shall be limited to the fuishing of facilities offered under this taff and to the maintenance and operation of such mcilties. Subject to this responsibility, the Company shall not be responsible for: .1 the through transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or .2 the reception of signals by Customer-provided equipment; or .3 network control signaling where such signaling is performed by Customer- provided network control signaling equipment. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 11 LOCAL EXCHAGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking of the Company, Cont =d. 2.1.7 Non-Routine Installation At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company wil apply. If installation is started during regular business hours, but, at the Customer's request, extends beyond regular business hours into tim e periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. 2.1.8 Special Construction Subject to the agreement of the Company and to all of the regulations con1ained in this taff, special constrction of facilties may be underten on a reasonable efforts basis at the request of the Customer. Special constrction is constrction underten: A.where facilities are not presently available, and there is no other requirement for the facilities so constrcted; B.of a type other than that which the Company would normally utilize in the furnishing of its services; C.over a route other than that which the Company would normally utilze in the furnishing of its services; D.in a quantity greater than that which the Company would normally constrct; E.on an expedited basis; F.on a temporar basis until permanent facilities are available; G.involving abnormal costs; or H.in advance of its normal constrction. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 12 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.1 Undertaking of the Company, Cont~. 2.1.9 Ownership of Facilties Title to all facilties provided in accordance with this taiff remains in the Company, its parers, agents, contractors or suppliers. 2.2 Prohibited Uses 2.2.1 The services the Company offers shall not be used for any unlawfl purose or for any use as to which the Customer has not obtained all rtquired governental approvals, authoritions, licenses, consents and permits. 2.2.2 The Company may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to fie a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and the Public Utilities Commission of Idaho=s regulations, policies, orders, and decisions. 2.2.3 The Company may block any signals being transmitted over its Network by Customers which cause interference to the Company or other users. Customer shall be relieved of all obligations to make payments for charges relating to any blocked Service and shall indemnify the Company for any claim, judgment or liabilty resulting from such blockage. 2.2.4 A Customer, joint user, or authorized user may not assign, or transfer in any manner, the service or any rights associated with the service without the wrtten consent of the Company. The Company wil permit a Customer to trsfer its existing service to another entity if the existing Customer has paid all charges owed to the Company for regulated communications services. Such a transfer wil be treated as adisconnection of existing service and installation of new service, and non-recurrng installation charges as stated in this taff wil apply. Issued: Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 13 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.3 Obligations of the Customer 2.3.1 General The Customer shall be responsible for: A. B. the payment of all applicable charges pursuant to this taiff; damage to or loss of the Company's facilties or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or wilful misc onduct of the employees or agents of the Company; C.providing at no charge, as specified from tim e to time by the Company, any needed equipment, space and power to operate Company facilties and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessar to maintain the proper operating environment on such premises; D.obtaining, maintaining, and otherwise having full responsibilty for al rights-of-way and conduit necessar for installation of fiber optic cable and associated equipment used to provide Communications Services to the Customer from the cable building entrance or propert line to the location of the equipment space described above in Section 2.3 .1.C. Any and all costs associated with the obtaining and maintaining the rights-of-way described herein, including the costs of altering the strctu to permit installation of the Company provided facilties, shall be borne entirely by, or may be charged by the Company, to the Customer. The Company may requir the Customer to demonstrate its compliance with this section prior to accepting an order for service. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 14 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT ::. 2.3 Obligations of the Customer, Cont =d. 2.3.1 General, Cont=d. E.providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installng or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company facilties and equipment within a hazardous area if, in theCompany's opinion, injury or damage to the Company employees or propert might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous ma terial (e.g., frable asbestos) prior to any constrction or installation work; F.complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be re quired with respect to, the location of Company facilties and equipment in any Customer premises or the rights-of-way for which Customer is responsible under Section 2.3.1.D; and granting or obtaning permission for Company agents or employees to enter the premises of the Customer at any time for the purose of installng, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilties or equipment of the Company; G.not creating or allowing to be placed any liens or other encumbrances on the Company's equipment or facilities; and H.making Company facilties and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance wil be made for the period during which service is interrpted for such purpses. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, FI 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 15 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.3 Obligations of the Customer, Cont =d. 2.3.2 Liabilty of the Customer A. B. The Customer wil be liable for damages to the facilities of the Company and for all incidental and consequential damages caused by the negligent or intentional acts or omissions of the Customer, its offcers, employees, agents, invites, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct. To the extent caused by any negligent or intentional act of the Customer as described in (A), preceding, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilties, costs and expenses, including reasonable attornys' fees, for (1) any loss, destrction or damage to propert of any third par, and (2) any liabilty incurred by the Company to any third par pursuant to this or any other taiff of the Company, or otherwise, for any interrption of, interference to, or other defect in any service provided by the Company to such third part. C.The Customer shall not assert any claim agai nst any other Customer or user of the Company's services for damages resulting in whole or in par from or arsing in connection with the furnishing of service under this taff including but not limited to mistakes, omissions, interrptions, delays, errors or other defects or misrepresentations, whether or not such other Customer or user contrbuted in any way to the occurence of the damges, unl ess such daages were caused solely by the negligent or intentional act or omission of the other Customer or user and not by any act or omission of the Company. Nothing in this tariff is intended either to limit or to expand Customer's right to assert any claims against third paries for damages of any nature other than those described in the preceding sentence. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 16 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.4 Customer Equipment and Channels 2.4.1 General A user may transmit orreceive information or signals via the facilities of the Company. The Company's services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this taiff. A user may trsmit any form of signal that is compatible with the Company's equipment, but the Company does not guarantee that its services wil be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this taiff. 2.4.2 Station Equipment A.Terminal equipment on the user's premises and the electric power consumed by such equipment shall be provided by and maintained at the expense of the user. The user is responsible for the provision of wiring or cable to connect its terminal equipment to the Company MPOP. B.The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and faciliti es is compatible with such equipment and facilities. The magnitude and character of the voltages and curnts impressed on Company-provided equipment and wiri ng by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause daage to the Company-provided equipment and wiring or injur to the Company's employees or to other persons. Any additional protec tive equipment required to prevent such damage or injury shall be provided by the Company at the Customer's expense, subject to prior Customer approval of the equipment expense. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 17 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.4 Customer Equipment and Channels, Cont =d. 2.4.3 Interconnection of Facilties A. B. Local Traffc Exchange provides the abilty for another local exchange provider to terminate local trafc on the Company :o network. In order to qualify for Local Traffc Exchange the call must: (a) be Olig inated by an end user of a company that is authorized by the Public Utilities Commission ofIdaho to provide local exchange service; (b) originate and terminate with in a local callng ara of the Company. Any special interface equipment necessar to achieve compatibilty between the facilities and equipment of the Company used for furnishing Communications Services and the channels, facilities, or equi pment of others shall be provided at the Customer's expense. C.Communications Services may be connected to the services or facilities of other communications cariers only when authoried by, and in accordace with, the terms and conditions of the taiffs of the other communications carers which are applicable to such connections. D.Facilities furnished under this tarff ma y be connected to Customer provided terminal equipment in accordance with the provsions of this taff. All such terminal equipment shall be registered by the Federal Communicatioiis Commission pursuat to Par 68 of Title 47, Code of Federal Regulations; and all user-provided wiring shall be installed and maintained in compliance with those regulations. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 18 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.4 Customer Equipment and Channels, Cont =d. 2.4.4 Inspections A.Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessar to determine that the Customer is complying with the requirements set fort in Section 2.4.2.B of this taiff for the installation, operation, and maintenance of Customer-provided facilities, equipment, and wiring in the connection of Customer-provided facilities and equipment to Company-owned facilties and equipment. B.If the protective requirements for Customer-provided equipment are not being complied with, the Company may tae su ch action as it deems necessar to protect its facilties, equipment, and personnel. The Company wil notify the Customer promptly if there is any need for fuhe r corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taen. If the Customer fails to do this, the Company may tae whatever additional action is deem ed necessar, including the suspension of service, to protect its facilties, equipment and personnel from harm. C.If har to the Company=s network, personnel or services is imminent, the Company reserves the right to shut down Customer- service immediately, with no prior notice required. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 19 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.5 Customer Deposits and Advance Payments 2.5.1 Advance Payments To safeguard its interests, the Company ma y require a Customer to make an advance payment before services and facilties are furn ished. The advance payment wil not exceed an amount equal to the non-recurring charge(s) and one month's charges for the service or facility. The advance payment wil be credited to the Customer's initial bil. An advance payment may be required in addition to a deposit. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idao Tarff No. 1 Section 2 Original Page 20 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.5 Customer Deposits and Advance Payments, Cont =d. 2.5.2 Deposits The Company does not require deposits from Customers. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 21 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.6 Payment Arrangements, Cont =d. 2.6.1 Payment for Service A. General The Customer is responsible for the payment of all charges for facilties and services furnished by the Company to the Customer and to all Authorized Users by the Customer, regardless of whether those servi ces are used by the Customer itselfor are resold to or shared with other persons. The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state, federal and 911 taxes, charges or surcharges (however designated) (excluding taes on Company's net income) imposed on or based upon the provision, sale or use of Network Services. The security of the Customer =s PIN is the responsibilty of the Customer. All calls placed using a PIN shall be biled to and shall be the obligation of the Customer. The Customer shall not be responsible for charges in connection with the unauthorized use of PINs arising after th e Customer notifies the Company of the loss, theft, or other breach of securty of such PINs. Customers wil only be charged once, on either an interstate or intrastate basis, for any nonrecurng or usage based charges. B. Taxes, Fees and Surcharges The Company reserves the right to bil an y and all applicable taes, fees and surcharges in addition to normal rates and charges for services provided to the Customer, where permitted by law. Taxes and fees include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, Gross Receipts Tax Idaho Telecommunications Service Assistace Pr ogram, and Universal Service. Unless otherwise specified in this taiff, such ta xes, fees and surcharges are in addition to rates as quoted in this tariff and wil be itemized separately on Customer invoices. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Orginal Page 22 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT =D. 2.6 Payment Arrangements, Cont =d. 2.6.2 Billng and Collection of Charges The Customer is responsible for payment of all charges incurred by the Customer or other Authorized Users for services and facilities furn ished to the Customer by the Company. A.Nonrecurng charges are due and payable within thir (30) days after the invoice date, unless otherwise agreed to in advance. B.The Company shall present invoices for recurrng charges monthly to the Customer, in advance of the month in which service is provided, and Recurng Charges shall be due and payable within thirt (30) da ys after the invoice date. When biling is based on customer usage, charges wil be biled monthly for the preceding biling periods. C.The Monthly Recurring Charges are biled in advance. Monthly Recurrng Charges are accrued in full as ofthe first day of the biling cycle in which the service is furnished. Therefore, the Monthly Recurring Charges are not subject to pro-rating if service is disconnected prior to the end of a billng period. Issued:Effective: Oct 30,2008 A Kyrakides, President 1 iOO NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Orginal Page 23 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.6 Payment Arrangements, Cont =d. 2.6.2 Biling and Collection of Charges, Cont =d. D.Biling of the Customer by the Company wil begin on the Service Commencement Date, which is the first day following th e date on which the Company notifies the Customer that the service or facility is available for use, except that the Service Commencement Date may be postponed by mutual agreement of the paries, or if the service or facilty does not conform to standards set fort in this taff or the Service Order. Biling accrues through and incl udes the day that the service, circuit, arangement or component is discontinued. E.If any portion of the payment is not received by the Company, or if any portion of the payment is received by the Company in funds that are not immediately available, within twenty (20) days of the mail date on the bil, then a late payment penalty shall be due the Company. The late payment pena lty shall be that portion of the payment not received by the date due minus any charges biled as local taxes multiplied by 1.5%. F.The Customer wil be assessed a charge of twenty dollars ($25.00) for each check or other payment tye submitted by the Customer to the Company that a bank or other financial institution refuses to honor. G.If service is disconnected by the Company in accordace with Section 2.7 following and later restored, restoration of service wil be subject to all applicable installation charges. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 24 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.6 Payment Arrangements, Cont =d. 2.6.3 Disputed Bils Á.In the event that a biling dispute occu rs concerning any charges biled to the Customer by the Company, the Company may require the Customer to pay the undisputed portion of the bil to avoid discontinuace of service for non-payment. The Customer must submit a documented claim for the disputed amount. The Customer wil submit all documentation as may reasonably be required to support the claim. All claims must be submitted to the Company within a reasonable period oftime after receipt of biling for those services and in accordance with Idaho law. If the Customer does not submit a claim as stated above, the Customer waives all rights to filing a claim thereafter. B.Unless disputed the invoice shall be deemed to be correct and payable in full by the Customer. If the Customer is unable to resolve any dispute with the Company, then the Customer may fie a complaint with the Idaho Public Utilties Commission, 472 West Washington, P.O. Box 83720, Boise ID 83720-0074; 208-334-0300 or 1-800- 432-0369. C.If the dispute is resolved in favor ofth e Customer and the Customer has witheld the disputed amount, no interest, credits or penalties wil apply. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 25 LOCAL EXCHANGE SERVICES TARF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.7 Discontinuance of Service 2.7.1 Service may be disconnected after seven (7 ) days written notice for any of the following reasons: A. The Customer did not pay undisputed delinquent bils for local exchange services ot paid a delinquent bil for local excha nge services with any dishonored check. B. The Customer failed to make a security deposit or obtain a guarantee when one is required. C. The Customer failed to abide by the terms of a payment arangement. D. The Customer misrepresented the Customer =s identity for the purpose of obtaning telephone service. E. The Company determines as prescribed by relevant state or other applicable standards that the Customer is wilfully wasting or interfering with service though improper equipment or otherwise. F. The Customer is using service(s) for which the Customer did not apply. 2.7.2 At least 24 hours before actual termination, the Company wil attempt to contact the Customer affected to apprize the Customer of the proposed termination action and steps to take to avoid or delay termination. Service wil not be terminated in the event that a formal or informal complaint concerning termination is fied with the Commission. Issued: Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 26 LOCAL EXCHANGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.7 Discontinuance of Service 2.7.3 Service may be disconnected without notice and without incurring any liability for any ofthe following reasons: A. B. D. A condition immediately dagerous or hazrdous to life, physical safety or propert exists, or it is necessar to prevent a violation of federal, state or local safety or health codes. The company is ordered to terminate service by any court, the Commission, or any other duly authorized public authority. C.In the event of fraudulent use of the Comp any's network, where the service(s) was (were) obtained, diverted or used wit hout the authorization or knowledge of the Company, the Company wil discontinue service without notice and/or seek legal recourse to recover all costs involved in enforcement of this provision. The Company has tried diligently to meet the notice requirements but has been unsuccessful in its attempt to contact the Customer affected. E.The Customer has misrepresented the Customer=8 identify for purpses of obtaning telephone service and has no or an inade quate securty deposit on fie with the Company and has an outstading bil exceeding $100. F.Upon the Customer's insolvency, assignment for the benefit of creditors, filing for bankrptcy or reorganization, or failng to discharge an involunta petition within the time permitted by law. G.Upon the Company's discontinuance of service to the Customer under Section 2.7.1 or 2.7.2., the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this taff, may declare all future monthly and other charges that would have been payable by the Customer during the remainder of the term for which such services would have otherwse been provided to the Customer to be immediately due and payable (discounted to present value at six percent). Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 2 Original Page 27 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.8 Cancellation of Application for Servce 2.8.1 Applications for service cannot be canceled without the Company's agreement. Where the Company permits a Customer to cancel an application for service prior to the sta of service or prior to any special constrction, no char ges wil be imposed except for those specified below. 2.8.2 Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparng to install the service that it otherwise would not have incured, a charge equal to the costs incurred by the Comp any, less net salvage, shall apply, but in no case shall this charge exceed the sum of th e charge for the minimum period of services ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Custom er had service commenced (all discounted to present value at six percent). 2.8.3 Where the Company incurs any expense in connection with special constrction, or where special arangements of facilities or equipment have begun, before the Company receives a cancellation notice, a charge equal to the cost s incurred by the Company, less net salvage, applies. In such cases, the charge wil be based on such elements as the cost of the equipment, facilties, and material, the cost of installation, engineering, labor, and supervision, general and administrative expense, other disbursements, depreciation, maintenance, taes, provision for retu on investment, and any other costs assoiated with the special constrction or arngements. 2.8.4 The special charges described in 2.8.1 through 2.8.3 wil be calculated and applied on a case- by-case basis. Issued: Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 28 LOCAL EXCHANGE SERVICES T ARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.9 Changes in Servce Requested If the Customer makes or requests material changes in circuit engineering, equipment specifications, service parameters, premises locations, or otherwise materially modifies any provision of the application for service, the Customer's inst allation fee shall be adjusted accordingly. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. I Section 2 Original Page 29 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.10 Allowances for Interruptions in Servce Interrptions in service that are not due to the negligence of, or noncompliance with the provisions of this taiffby, the Customer or the operation or malfunction of the facilities, power or equipment provided by the Customer, wil be credited to the Customer as set forth in 2.6.1 for the par of the service that the interrption affects. 2.10.1 General A. Servce Outage A credit allowance wil be given when ser vice is interrpted, except as specified below. A service is interrpted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a cross-talk, static or other transmission problem, the Company wil respond to a Customer =s report of such a "service outage ~in accordance with IDAPA 31.41.01 Rule 503. Customer =s bils wil be appropriately and automatically cred ited pursuant to the terms of Rule 503. B. Receipt and Recording of Reports The Company wil provide for the receipt of Customer trouble reports at all hour and make a full and prompt investigati on of and response to all reports. The Company wil maintain an accurate record of trouble reports made by its Customers. This record wil include accurate identifica tion of the Customer or service affected, the time, date and nature ofthe report, the action taen to clear the trouble or satisfy the Customer, and the date and time of trouble clearance or other disposition. This record wil be available to the Commi ssion or its authorized representatives upon request at any time within two (2) years of the date of the record. C. Repair Commitments Commitments to the Customer for repair service wil be set in accordace with Rule 503. The Company wil make every reasonable attempt to fulfill repair commitments to its Customers. Customers wil be timely notified of unavoidable changes. Failure to meet a repair commitment does not relieve the Company of the credited provisions in Rule 503.01, unless the Customer fails to keep an appointment the Customer agreed to when th e original commitment was made Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 30 LOCAL EXCHAGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.10 Allowances for Interruptions in Servce, (Contd.) 2.10.1 General, (Contd.) D. Restoration of Servce When the Company providing local exchange is informed by a Customer of a local exchange service outage, the Company wil: .1 restore service within sixteen (16) hours after the report of the outage if the Customer notifies the Company th at the service outage creates an emergency for the Customer, or .2 restore service within twenty-four (24) hours after the report of the outage if no emergency exists, except that outages reported between noon on Saturday and 6:00 p.m. on the following Sunday must be restored within fort-eight (48) hours or by 6:00 p.m. on the following Monday, which ever is sooner. If the Company does not restore service within the times required by this subsection, the Company wil credit the Customer =s account for an amount equal to the monthly rate for one (1) month of basic local exchange service. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. I Section 2 Original Page 31 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.10 Allowances for Interruptions in Servce, (Contd.) 2.10.1 General, (Cont=d.) E. Extenuating Circumstances Following disruption of local exchange ser vice caused by natural disaster or other causes not within the Company- control and affecting large groups of Customers, or in conditions where the personal safety on an employee would be jeopardized, the Company is not required to provide the credit referred to in Subsection 503.01 as long as it uses reasonable judgment and diligence to restore service, giving due regard for the needs of various Customers and the requirements of the telecommunications service priority (TSP) program ordered in FCC Docket 88-341. When a Customer causes the Customer =s own service outage or does not make a reasonable effort to arange a repair visit within the service restoration deadline, or when the Company determines that the outage is attributable to the Customer'S own equipment or inside wire, the Company is not required to provide to that Customer the credit referred to in Subsection 503.01. F. Compliance Standard Each month at least ninety percent (90%) of out-of-service trouble reports wil be cleared in accordance with Subsection 503.01 and 503.02. The Company wil keep a monthly service record as described in Subsection 502.01 and wil notify the Commission whenever the record indicates th e ninety percent (90%) level has not been met for a period ofthree (3) consecutive months. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, FI 33169 NET TALK. COM, INC.Idaho Tarff No. 1 Section 2 Original Page 32 LOCAL EXCHANGE SERVICES TARIFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.11 Cancellation of Serviceffermination Liabilty If a Customer cancels a Service Order or terminat es services before the completion of the term for any reason whatsoever other than a service interrption (as defined in Section 2.10.1 above), the Customer agrees to pay to the Company termin ation liabilty charges, as defined below. These charges shall become due as of th e effective date of the cancellati on or termination and be payable within the period, set forth in Section 2.6.2. 2.11.1 Termination Liabilty The Customer's termination liability for cancellation of service shall be equal to: A.all unpaid Non-Recurring charges reasonably expended by the Company to establish service to the Customer; plus B.any disconnection, early cancellation or termination charges reasonably incured and paid to third paries by the Company on behalf of the Customer; plus C.minus a reasonable allowance for costs avoided by the Company as a direct result of the Customer's cancellation. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK-COM, INC.Idaho Tariff No. 1 Section 2 Original Page 33 LOCAL EXCHANGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.12 Cancellation of Service by Customer Customers may cancel service verbally or in writing. The company shall hold the Customer responsible for payment of all charges, including fi xed fees, surcharges, etc., which accrue up to the cancellation date. Customers that cancel the primar local exchange line wil have the entire Account disconnected, including any secondar line and all asso ciated features. In the event the Customer executes a term commitment agreement with the Company, the Customer must cancel service and terminate the agreement in accord ance with the agreement terms. 2.13 Transfers and Assignments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the written consent of the other par, except that the Company may assign its rights and duties: 2.13.1 to any subsidiar, parent company or affiliate of the Company; or 2.13.2 pursuant to any sale or transfer of subs tantially all the assets of the Company; or 2.13.3 pursuant to any financing, merger or reorganization of the Company. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 34 LOCAL EXCHAGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.14 Customer Liabilty for Unauthoried Use of the Network Unauthorized use of the network occurs when a pe rson or entity that does not have actul, apparent, or implied authority to use the network, obtains the Company's sèrvices provided .under this tarff. 2.14.1 Customer Liabilty for Fraud and Unauthoried Use of the Network A. The Customer is liable for the unauthorized use of the network obtained through the fraudulent use of a Company callng card, if such a card is offered by the Company, or an accepted credit card, provided that the unauthorized use occurs before the Company has been notified. B. A Company calling card is a telephone calling card issued by the Company at the Customer's request, which enables the Cu stomer or user(s) authorized by the Customer to place calls over the Network a nd to have the charges for such calls biled to the Customer's account. An accepted credit card is any credit card that a cardholder has requested or applied for and received, or has signed, used, or authorized another person to use to obtain credit. Any credit card issued as a renewa i or substitute in accordance with this paragraph is an accepted credit card when received by the cardholder. C. The Customer must give the Company written or oral notice that an unauthorized use of a Company calling card or an accepted credit card has occurred or may occur as a result of loss, and/or theft. D. The Customer is responsible for payment of all charges for calling card services furnished to the Customer or to users au thorized by the Customer to use service provided under this taff, unless due to the negligence of the Company. This responsibilty is not changed due to any use, misuse, or abuse of the Customer's service or Customer-provided equipment by third paries, the Customer's employees, or the public. The liabilty of the Customer for unauthorized use of the Network by credit card fraud wil not exceed the lesser of fift dollars ($50.00) or the amount of money, propert, labor, or services obtained by the unauthorized user before notification to the Company. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 35 LOCAL EXCHAGE SERVICES TARFF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.15 Use of Customer's Servce by Others 2.15.1 Joint Use Arrangements Joint use argements wil be permitted for allservices provided under ths taff. From each joint use arangement, one member wil be designated as the Customer responsible for the manner in which the joint use of the servi ce wil be allocated. The Company wil accept orders to sta, rearange, relocate, or discontinue service only from the Customer. Without affecting the Customer's ultimate responsibilty for payment of all charges for the service, each joint user shall be responsible for the payment of the charges biled to it. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK. COM, INC.Idaho Tarff No. 1 Section 2 Original Page 36 LOCAL EXCHAGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.16 Notices and Communications 2.16.2 The Customer shall designate on the service order an address to which the Company shall mail or deliver all notices and other communications, except that Customer may also designate a separate address to which the Co mpany's bils for service shall be mailed. 2.16.3 The Company shall designate on the service or der an address to which the Customer shall mail or deliver all notices and other communications, except that Company may designate a separate address on each bil for service to whic h the Customer shall mail payment on that bil. 2.16.4 Except as otherwise stated in this tariff, a II notices or other communications required to be given pursuant to this tariff wil be in wrting. Notices and other communications of either par, and all bils mailed by the Company, sha II be presumed to have been delivered to the other par on the third business day following placement of the notice, communication or bil with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actully received or refused by the addressee, whichever occurs first. 2.16.5 The Company or the Customer shall advise th e other par of any changes to the addresses designated for notices, other communications or biling, by following the procedures for giving notice set forth herein. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste.3 N. Miami Beach, FI 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 2 Original Page 37 LOCAL EXCHAGE SERVICES TARIF SECTION 2.0 - RULES AN REGULATIONS, CONT :D. 2.17 Universal Emergency Telephone Number Service (911) Universal Emergency Telephone Number Service ( 911 Service) is an arangement of Company central offce and trnking facilities whereby any telephone user who dials the numbers 911 wil reach the emergency report center fer the telephone from which the number is dialed or wil be routed to an operator if all lines to an emergency re port center are busy. If no emergency report center Customer exists for a centrl offce entity, a telephone user who dials the number 911 wil be routed to an operator. No call-specific charges apply to 911 calls. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 3 Orginal Page 1 LOCAL EXCHAGE SERVICES TARIFF SECTION 3.0'- SERVICE ARAS 3.1 Exchange Service Areas Local exchange services are provided, subject to availabilty of facilties and equipment, in areas currently served by the following Incumbent LECs: 1) Qwest. ' Effective: Oct 30,2008Issued: A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. I Section 4 Original Page 1 LOCAL EXCHANGE SERVICES TARIFF SECTION 4.0 - SERVICE CHAGES AN SURCHAGES 4.1 Service Order and Change Charges Non-recurring charges apply to processing Service Or ders for new service, for changes in service. 4.1.1 Service Order Charges Primat Line Connection Charge - applies to requests for initial connection or establishment of telephone service to the Company. Secondar Line Connection Charge - applies to the second or additional line of a new access line installation and connection and customer requtSts for an inside move, change or addition to regular service. This charge applies only when the second or additional line is ordered simultaneously with the initial connection for service. Service Order çhar~e - applies to connection of new lines and to service orders associated with Customer requests for change sin service, moves and the addition of services, including calling features. 4.1.2 Rates Business Residential Line Connection Charge Primar Line TBD TBD Secondar Line TBD TBD Service Order Charge Moves/ J\dds/Changes TBD TBD Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 4 Original Page 2 LOCAL EXCHANGE SERVICES TARF SECTION 4.0 - SERVICE CHAGES AN SURCHAGES, CONT'D. 4.2 Restoral Charge A restoration charge applies to the restora tion of suspended service and facilties because of nonpayment of bils and is payable at the time that the restoration of the suspended service and facilities is arranged. The restoration charge do es not apply when, after disconnection of service, service is later re-installed. Restoration after temporar denial, but prior to completion of order to discontinue service Residence Busjness $20.00 $20.00 Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 4 Original Page 3 LOCAL EXCHAGE SERVICES TARF SECTION 4.0 - SERVICE CHAGES AN SURCHAGES, CONT'D. 4.4 Public Telephone Surcharge In order to recover the Company =s expenses to comply with the FCC =s pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undisCDuntable per call charge is applicable to all intrastate calls that originate from any pay telephone used to access Company provided services. This surcharge, which is in addition to stadard tarffed usage charges and any applicable service charges and surcharges associated with service, applies for the use of the instrment used to access Company provided service and is unrelated to the service accessed from the pay telephone. Pay telephones include coin-operated and coinl ess phones owned by local telephone companies, independent companies and interexchange cariers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (e.g., using the I#~symbol). The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by insertng coins during the progress of the call. Whenever possible, the Public Pay Telephone Surcharge wil appear on the same invoice contaning the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion ofa call, the Public Pay Telephone Surcharge may be biled on a subsequent invoice after the Company h as obtained information from a carier that the originating station is an eligible pay telephone. Rate Per Call:$0.60 Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, FI 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 4 Original Page 4 LOCAL EXCHAGE SERVICES TARIF SECTION 4.0 - SERVICE CHAGES AN SURCHAGES, CONT'D. 4.5 Carrier Presubscription 4.5.1 General Carrer Presubscription is a procedure whereby a Customer designates to the Company the carer which the Customer wishes to be the carier of choice for intraLA T A and interLAT A toll calls. Such calls are automatically directed to the designated carier, without the need to use carer access codes or additional dialing to direct the call to the designated carier. Pre subscription does not prevent a Customer w ho has presubscribed to an IntraLATA or InterLA T A toll carer from using carier access codes or additional dialing to direct calls to an alternative long distance carier on a per call basis. 4.5.2 Presubscription Options - Customers may select the same carrer or separate cariers for intraLA T A and interLATA long distace. The following options for long distance Presubscription are available: Option A: Customer select the Company as the presubscribed carier for IntrA TA and InterLA T A toll calls subject to presubscription. Option B: Customer may select the Company as th e presubscribed carier for IntraLATA calls subject to presubscription and some ot her carier as the presubscribed carer for interLA T A toll calls subject to presubscription. Option C: Customer may select a carrier other th an the Company for intraLA TA toll calls subject to presubscription and the Company for interLATA toll calls subject to presubscription. Option D: Customer may select the carrier other than the Company for both intraLATA and interLA T A toll calls subject to presubscription Option E : Customer may select two different carers, neither being the Company for intraLATA and interLA T A toll calls. One carier to be the Customers' primary intraLATA interexchange carier. The other carrier to be the Customer's primar interLATA interexchange carier. Option F: Customer may select a carrier other thanthe Company for no presubscribedcarer for intraLA T A toll calls subject to presubscripti on which wil require the Customer to dial a carier access code to route all intraLATA toll calls to the carier of choice for each call. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, FI 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 4 Original Page 5 LOCAL EXCHANGE SERVICES TARIFF SECTION 4.0 - SERVICE CHAGES AN SURCHAGES, CONT'D. 4.5 Carrier Presubscription, Contd. 4.5.3 Rules and Regulations Customers of record wil retain their primar interexchange carier( s) until they request that their dialing arangements be changed. Customers of record or new Customers may select either Options A, B, C, D, E or F for intraLA T A Presubscription. Customers may change their selected Option and/or pre subscribed toll carier at any time subject to charges specified in 4.5.5 below: 4.5.4 Preubscription Procedures A new Customer wil be asked to select intraLAT A and interLA TA toll carers at the time the Customer places an order to establish local exchange service with the Company. The Company wil process the Customer's order for service. All new Customers' initial requests for intraLATA toll service pre subscription shall be provided free of charge. If a new Customer is unable to make selection at the time the new Customer places an order to establish local exchange service, the Compan y wil read a random listing of all available intraLA T A and interLA T A carriers to aid the Customer in selection. If selection is stil not possible, the Company wil inform the Customer that he/she wil be given 90 calendar days in which to inform the Company of his /her choice for primar toll carer(s) free of charge. Until the Customer informs the Company of his/her choice of primar toll carier, the Customer wil not have access to long distace services on a pre subscribed basis, but rather wil be required to dial a carier access code to route all toll calls to the carier(s) of choice. Customers who inform the Company of a choice for toll carier pre subscription within the 90 day period wil not be assessed a service charge for the initial Customer request. Customers of record may initiate a intraLA T A or interLA T A presubscription change at any time, subject to the charges specified in 4.5.5 below. If a Customer of record inquires ofthe Company of the carriers available for toll presubscription, the Company wil read a random listing of all available intraLATA carers to aid the Customer in selection. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 4 Original Page 6 LOCAL EXCHANGE SERVICES TARIF SECTION 4.0 - SERVICE CHAGES AN SURCHAGES, CONT'D. 4.5 Carrier Presubscription, Contd. 4.5.5 Presubscription Charges A. Application of Charges After a Customer's initial selection for a presubscribed toll carer and as detailed in above, for any change thereafter, an Pre subscription Change Charge, as set for the below wil apply. Customers who request a change in intrATA and interLATA cariers with the same order wil be assessed a single charge per line. B. Nonrecurring Charges Per business or residence line $5.00 Issued:Effective: Oct 30,2008 A Kyriakides, President i 100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idao Tarff No. 1 Section 5 Original Page 1 LOCAL EXCHANGE SERVICES TARIFF SECTION 5.0 - LOCAL EXCHAGE SERVICE 5.1 General 5.1.1 Call Timing for Usage Sensitive Servces Where charges for a service are specified based on the duration of use, such as the duration of a telephone call, the following rules apply: 5.1.1 Calls are measured in durational incremen ts identified for each service. All calls which are fractions of a measurement increment are rounded-up to the next whole unit. 5.1.2 Timing on completed calls begins when th e call is answered by the called par. Answering is determined by hardware an swer supervision in all cases where this signaling is provided by the terminating local carier and any intermediate carier(s). 5.1.3 Timing terminates on all calls when the callng par hangs up or the Company's network receives an off-hook signal from the terminating carier. 5.1.4 Calls originating in one time period and terminating in another wil be biled in proportion to the rates in effect during different segments of the call. 5.1.5 All times refer to local time. 5.1.2 Calculation of Distance The Company does not offer services rated by distance. 5.1.3 Time of Day The Company does not offer services rated by time of day. Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. I Section 5 Original Page 2 LOCAL EXCHANGE SERVICES TARIFF SECTION 5.0 - LOCAL EXCHAGE SERVICE, CONT'D. 5.2 Flat Rate Local Exchange Servce Flat Rate Local Exchange Service provides a Customer with a single, analog, voice~grade telephonic communications channel that can be used to place or receive one call at a time. Flat Rate Local Exchange Service lines are provided for the conn ection of Customer-provided wiring, telephone, facsimile machines or other station equipment. Local exchange service lines and trs are provided on a single par (individual) basis only. No multi-part lines are provided. Recurring charges for Flat Rate Local Exchange Service are biled monthly in advance. Non- recurring charges for installation or rearangement of service are biled on the next month's bil immediately following work performed by the Company. Flat Rate Local Exchange Service includes unlimited local exchange callng per month. Monthly Rate, per line: Business TBD Residential TBD Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK. COM, INC.Idaho Tariff No. 1 Section 6 Original Page 1 LOCAL EXCHAGE SERVICES TARIFF SECTION 6.0 - SUPPLEMENTAL SERVICES 6.1 Custom Callng Features The features in this section are made available to residential and business Customers. All features are provided subject to availability..Featues may not be available with all classes of service. Transmission levels may not be suffcient in all cases. 6.1.1 Feature Descnptions Call Forward- Automatically routes incoming calls to a predetermined telephone number. Call Wajtin~ - Signals the Customer with a burst of tone to indicate that another call is waiting. The second call can either be answered by flashing the switchhook or hanging up the phone and being rung back by the caller. Call Waitin~ ID - Includes all the features of Call Waiting and additionally provides for the display of the second caller's name and telephone number on Caller ID compatible Customer premises equipment. Three-Way Callng - Allows the Customer to add a third part to an existing conversation. Speed Callng 8- Allows the Customer to dial an abbreviated code to originate a call to any of 8 programmed telephone numbers. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, FI 33169 NET TALK. COM, INC.Idaho Tariff No. 1 Section 6 Original Page 2 LOCAL EXCHANGE SERVICES TARIF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.1 Custom Callng Features, Cont =d. 6.1.2 Description of Features, Cont =d. Auto Call Back (*69) - Automatically redials the last incoming call. Auto Redial - Automatically redials a busy number for up to 30 minutes until line is available. Caller il with Name - Provides for the display ofthe callng par name and telephone number on Caller il compatible Customer premises equipment. Distinctiye Rin~ - Allows Customers to designate up to two additiona i telephone numbers from which incoming calls wil have a distinctive ring. Anonymous Call Rejection - Allows a customer to reject calls from callers who have activated the Selective Blocking feature in or der to prevent the display of their telephone name/number. Caller Qri~inatin~ Traçe - Allows the Customer to dial a Call Trace activation code to initiate a trace of the last incoming call without obtaining prior legal authorization or assistace from the Company. The results of a completed trace wil be recorded in the Centrl Offce and wil be made available only to law enforcement agencies, as directed by the Customers. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 6 Original Page 3 LOCAL EXCHAGE SERVICES TARIF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.1 Custom Callng Features, Cont "C. 6.1.3 Rates and Charges A. Features Offered on Monthly Basis The following optional callng features are offered to Customers on a monthly basis. Customers are allowed unlimited use of each feature. No usage sensitive charges apply. Multiline Customers must order the appropriate number of featus based on the number of lines which wil have access to the featue. Custom Callng Feature Monthlv-. . Call Forward TBD TBD Call Waitin2 TBD TBD Call Waitin2 ID TBD TBD Three- Wav Callinl!TBD TBD Sneed Callnl! 8 TBD TBD Auto Call Back (*69)TBD TBD Auto Redial TBD TBD Caller ID with Name TBD TBD Distinctive Rinl! 1 TBD TBD Priority Call TBD TBD Anonvmous Call Reiection TBD TBD Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 6 Original Page 4 LOCAL EXCHAGE SERVICES TARFF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.1 Custom Callng Features, Cont =d. 6.1.3 Rates and Charges, Contd. B. Features Offered on a Usage Sensitive Basis The following features are available to iii local exchange Customers where facilties and services permit. Customers may utilze each featue by dialing the appropriate access code. The Customer wil be biled a per use charge each time the feature is used by the Customer. Customers may choose to subscribe to these featus on a monthly basis to obtain unlimited use of these features for a fixed monthly charge. Custom Callng Feature PerUse-. .- 3- Way CallinlZ TBD TBD Auto Redial TBD TBD Auto Call Back (*69)TBD TBD Call Trace TBD TBD Caller ID BlockinlZ TBD TBD Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 6 Original Page 5 LOCAL EXCHANGE SERVICES TARIFF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.2 Directory Assistance Servces 6.2.1 Directory Assistance A. General A Customer may obtain assistace, for a charge, in determining a telephone number by dialing Directory Assistace Service. A Customer can also receive assistance by writing the Company with a list of names and addresses for which telephone numbers are desired. B. Regulations There are no call allowances for Direct Assistace Charge applies for each call number(s), area code(s), and/or general Assistance operator except as follows: ory Assistace Services. A Directory to Directory Assistace for telephone information requested from the Directory a)Calls from coin telephones, including COCOTS (Customer Owned Coin Operated Telephone Sets). b)Requests in which the Directory Assistance operator provides an incorrect number. The Customer must inform the Company of the error in order to receive credit. c)Customer experiences poor transmission or is cut off during the call. d)Customers wil be provided with a maximum of two (2) telephone numbers for each call to Directory Assistace. Issued:Effective: Oct 30,2008 A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 6 Original Page 6 LOCAL EXCHANGE SERVICES TARIFF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.2 Directory Assistance Services, Contd. 6.2.1 Directory Assistance, Contd. C. Rates Per Call to Directory Assistace:TBD Effective: Oct 30,2008Issued: A Kyrakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 6 Original Page 7 LOCAL EXCHANGE SERVICES TARIF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.3 Local Operator Servce Local calls may be completed or biled with th e live or mechanical assi stace by the Company's operator center. Calls may be biled collect to the called par, to an authorized 3rd par number, to the originating line, or to a valid authorized ca lling card. Local calls may be placed on a station to station basis or to a specified part (see Person to Person), or designated alternate. Usage charges for local operator assisted calls are those usage charges that would normally apply to the callng par's service. In addition to usage charges, an ope rator assistace charge applies to each call: 6.3.1 Rates Usage Rates Usage charges wil be biled at the rate in effect for the presubscribed service plan purchased by the Customer. See Section 5 of this taff. Per Call Service Charges Callng Card - Automated Callng Card - Operator Dialed Biled to Third Number Collect Person-to-Person Operator Assistance TBD TBD TBD TBD TBD TBD Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 6 Original Page 8 LOCAL EXCHAGE SERVICES TARIF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.4 Busy Line Verification and Emergency Interrupt Service Upon request of a callng par the Company w il verify a busy condition on a designated local service line. The operator wil determine if the line is clear or in use and report to the calling par. At the request of the Customer, the operator w il interrpt the call on the busy line. Emergency Interrption is only permitted in cases where the callng par indicates an emergency exists and requests interrption. If the Customer has the operator interrpt a call, both the Busy Line Verification and the Emergency Interrpt charge wil apply. No charge wil apply when the calling par advises that the call is to or from an offcial public emergency agency. Busy Verification and Emergency Interrpt Service is fuished where and to the extent that facilities permit. The Customer shall identify and save the Company harless against all claims that may arise from either par to the interrpted call or any person. Busy Line Verification: Busy Line Interrpt TBD TBD Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tariff No. 1 Section 6 Original Page 9 LOCAL EXCHANGE SERVICES TARFF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.5 Directory Listing Servce 6.5.1 Directory Listing Definitions Primar Listing - One listing, termed the primar listing, is included with each Customer's service with the primar line of a line hunting group and with each Joint User service. Non-Listed Number (Private Directory Service) - A Non-Listed Number wil be fuished at the Customer's request, providing for the omission or deletion of the Customer's listing from the telephone directory. Such listings wil be caried in the Company's directory assistace and other records and wil be given to. any callng par. Non-Published Nuber (Semi-Private Direct Service) - A Non-Published Number wil be fuished at the Customer's request. A Non-Published Number is not listed in the telephone Company's directories, or on directory assistace records. Listing information (name, address and number) on a Non-Published Number is not available to the general public. Additional Listings - At a charge, additional listings may be included in the alphabetical directory and on directory assistace records, or appear on directory assistace records only. The monthly rate for additional listings appl y when the listings appear in Directory Assistace records in accord ance with the date requested by the Customer. Effective: Oct 30,2008Issued: A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169 NET TALK.COM, INC.Idaho Tarff No. 1 Section 6 Original Page 10 LOCAL EXCHAGE SERVICES TARFF SECTION 6.0 - SUPPLEMENTAL SERVICES, CONT'D 6.5 Directory Listing Servce, Contd. 6.5.2 Rates Primary Listing Additional Listings Non-Listed Number, per account Non-Published Number, per account Monthly Recurrng Charge Residence Business $0.00 $0.00TBD TBDTBD TBDTBD TBD Issued:Effective: Oct 30,2008 A Kyriakides, President 1100 NW 163rd Dr Ste. 3 N. Miami Beach, Fl 33169