BIG EARTH NETWORKS, LCC
Terms of Service for Residential & Virtual Office Service Plans
Effective Date 08-05-2009

Contact Information
Big Earth Networks, LLC (hereinafter may also be referred to as "BEN", "we", "our", "us" or "Big Earth")
Address: 18208 Preston Road, Suite D9-114, Dallas, TX 75252.
Telephone: 1-866-781-6BIG (1-866-781-6244)
Hours of Operation: 9 a.m. - 8 p.m. Central Standard Time

By registering to use BEN's product(s) and/or service(s) you ("Customer") acknowledge that you have read, understood and agree to be legally bound to the terms and conditions defined within this Terms of Service ("TOS") document.

1.Complete TOS.
This TOS contains the complete understanding between BEN and the Customer and supersedes all other written or oral communications and representations. Any modifications made to this TOS may only be made in writing and exclusively by and at the sole discretion of BEN. You agree and understand that no sales agent or any other representative has any binding authority to modify this TOS or the pricing or plans that it governs in a manner inconsistent with the terms of this agreement.

2. Emergency Services.
It is important to understand that E911 services, or enhanced 911, is not available everywhere and at all times. E911 is designed to provide public safety officials your location during a 911 call and is dependent on many factors, including the ability of local public safety agencies to receive and process location information, the capabilities of your equipment and other factors affecting the delivery of services including our relying on third parties to process the 911 call. The very nature of Internet Protocol (IP) phone services provides the ability to make calls from a location that is not registered to the phone number.

How 911 Works - When you dial 911, your BEN Networks phone number and registered address is sent to the local emergency center serving your location so emergency operators can send help and call you back. Without E911emergency service, when you dial 911, local emergency operators may not be able to capture, receive or retain your BEN telephone number or your registered address, so that is the first thing you will want to tell them. Until you give the operator your phone number, he or she may not be able to call you back or dispatch help if the call is disconnected or if you are unable to speak. We must have your physical address where you will be using our service since it will be used to route 911 calls to your local emergency center. Any time you move the service to another location, you need to update your address by contacting the BEN Customer Care Department. If you do not update your location, your 911 calls will continue to be routed to an emergency center near your previous address.

Disclaimer of 911 Liability - We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither BEN nor its directors, agents, officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our emergency 991service, including, without limitation, 911 dialing, or your device.

3. Distinction of BEN Networks Service.
Our service is not a telecommunications service, and we provide it exclusively on a commercially reasonable efforts basis. This characterization of our services may limit or otherwise affect your rights of redress before regulatory agencies. Residential and Virtual Office services require a high-speed broadband Internet connection. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying Internet Service Provider (ISP) or broadband service, or maintenance. We will exert our best efforts to minimize disruptions to your use of and access to our service.

If you subscribe to any of our Residential Service Plans, we provide you with service and the device solely for normal residential, non-commercial use. If you subscribe to a Service Plan that permits use of more than one device with the same voice line, the basis for assessing such use will not change. If you subscribe to any of our Virtual Office Service Plans, we provide you with service and the device solely for your small office and/or home office use. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your device. Furthermore you agree and acknowledge that our Virtual Office Service Plans should not be used for any type of call center application and conducting any such type of application is a breach of this agreement and may result in the immediate termination of service.

4. Materials Change Clause.
We may from time to time find it necessary to make changes to the terms and conditions defined within this TOS and the subsequent terms governing our Residential and Virtual Office services, plans and prices. Except for non-material changes, BEN will provide you with forty-five (45) days notice in advance of any Material Changes. The changes will become effective on the date stated in the notice unless Customer cancels this service agreement in writing no less than ten (10) calendar days prior to the effective date of the material change. In the event of a Material Change, you shall not pay any penalties as a result thereof.

5. Service Term.
Your Service Term refers to the period of time for which you have selected to receive the respective Service Plan at the agreed upon rate. Agreeing to a term of 12 months or longer provides you with a fixed monthly rate for that respective Service Plan. The Service Term begins on the subscription date, which is the date you first ordered service or the date that we successfully processed your payment (whichever is later). It is not the day you receive the equipment you ordered or the first time you use the service. After the Service Term, your service will continue until canceled by you or by us as provided for herein. Please note that the obligations and governance defined in this TOS begin on your subscription date and continue in effect until this agreement terminates in accordance with the terms contained herein.

Our right to disconnect - We have the right to suspend or discontinue service generally or to disconnect your service at any time without notice. If we discontinue service generally or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges and any recovery fees.

Early Termination - Customers that have selected a Month-to-Month Service Plan and do not have an outstanding balance owed to BEN, may terminate their Service Plan at any time with or without notice in their sole discretion. Customers that have selected a Month-to-Month Service Plan must pay any outstanding balances owed to BEN prior to terminating their respective Service Plan. Customers that have selected a Service Plan with a fixed-rate term of 12 months or longer must provide at least thirty (30) calendar days written notice of termination of their Service Plan. Such notice of termination should be sent to the address shown in the Contact Information defined at the beginning of this TOS. Your obligations under the TOS will end when the outstanding balance on your account is paid in full. Customers terminating their Service Plan prior to the end of their term shall be subject to an Early Termination Fee (ETF). The ETF shall be an amount equal to the remaining number of months multiplied by the Monthly Service Fee associated with the respective Service Plan. Cancellation or termination of a Service Plan shall not excuse the obligation of Customer to pay any outstanding invoiced amounts.

Automatic Renewal - Customers that have completed the current term associated with a fixed-rate term Service Plan and have not terminated their service with BEN at the completion of such term, shall automatically revert to a Month-to-Month Service Plan for that respective product type and the effective pricing on the date of completion of the preceding term shall be used to bill services to the Customer. Customers may enroll for a new product or Service Plan or renew their previous Service Plan by contacting the BEN Customer Care Department at 1-866-781-6BIG (1-866-781-6244).

6. Device Information and Warranty.
BEN Networks does not support, warrant, or provide any form of guarantee of service level for any devices or hardware not provided, leased and/or purchased by or from BEN Networks.

Limited Warranty - Devices and/or phones that you purchased from us will include some form of limited manufacturer's warranty - we require that you follow any manufacturer's instructions that you may have received with such device. As a supplement and secondary form of warranty, BEN provides a limited warranty on the device exclusively for manufacturing defects for a period of 1 year from your date of purchase. Customers' only remedy for any breach of any limited warranty or other breach of any duty regarding a device is to get a repaired or replacement device by following our return procedures. If you receive packaging or devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. You must also keep the original package, all packing materials, and parts in the same condition in which you received them from the carrier and then immediately contact our Customer Care Department for specific instructions.

Device Ownership - You will own your device and bear all the risk of loss, theft, or damage. This risk commences on the date we ship your device to the date you return it to us according to the terms of this TOS. You may not change the electronic serial number, equipment identifier, encryption keys or other authentication or technical data of your device or perform a factory reset of your device without first getting our written consent. You are prohibited from using BEN services with any devices other than BEN-approved devices received from retailers or from us.

Disclaimer of Device Information - Notwithstanding the express limited warranties for the device described in the documentation that comes with your device and the supplemental Customer limited warranty in this TOS, upon the expiration of the term of the limited manufacturer's warranty, we make no further warranties of any kind, express or implied, and hereby specifically disclaim, following the term of the limited warranty, fitness of the device for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance, or any warranty that the device or any firmware or software is "error free" or will meet your requirements. This section is not intended to limit any disclaimer or limitation of warranty in the documentation provided with your device. This limited manufacturer's warranty gives you specific legal rights, and you may also have other rights which may vary from state to state.

7. Fees, Taxes and Other Charges.
Taxes - State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your BEN charges and may change with or without notice. These charges are based on the rates applicable to the service address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your payment method according to the terms in this TOS. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Any authorized tax exemption for which you qualify will only apply from the date we receive an official certificate attesting to your tax exempt status.

Charges - BEN provides a host of products and services that encompass both one time and monthly recurring charges and/or fees. In addition to charges associated with Service Plans and/or other products and services sold by BEN, there are also other non-standard fees that you may incur from time to time. These various charges are as follows:

a. Toll-Free Phone Calls - BEN will recover from you any charges imposed on us either directly or indirectly for toll-free calls made to your respective Toll-Free Phone Number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in any other way we decide is appropriate for the recovery of these costs. Such rates and subsequent charges shall be billed to your billing coordinates on file with BEN at the time of your enrollment within 72 hours from the time that such charges are incurred.

b.Directory Assistance - BEN will charge you $0.99 for each call you make to BEN directory assistance except, and only to the extent, that such calls are expressly included in the fee for a Service Plan that you have selected. Such rates and subsequent charges shall be billed to your billing coordinates on file with BEN at the time of your enrollment within 72 hours from the time that such charges are incurred.

c. International Phone Calls - With respect to any calls made to any country outside the United States of America, International Rates shall apply; such rates are specific per country or geographic location and are posted and updated as needed at the BEN website located at http://www.bigearthnetworks.com/international.html. Such rates and subsequent charges shall be billed to your billing coordinates on file with BEN at the time of your enrollment within 72 hours from the time that such charges are incurred.

d. Zurvita Residential Service Plan (Z-Plan) - BEN will charge you a one-time activation fee of $39.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $24.95, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments.

e. Residential Big Country Service Plan - BEN will charge you a one-time activation fee of $39.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $24.95, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments.

f. Residential Big Country Plus Service Plan - BEN will charge you a one-time activation fee of $39.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $34.95, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments.

g. Residential BEN Service Plan - BEN will charge you a one-time activation fee of $39.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $49.99, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments. MRC may vary dependent on which nation is chosen as the "Most Favored Nation."

h. Residential Virtual Access Big Country Service Plan - BEN will charge you a one-time activation fee of $19.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $24.95, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments.

i. Residential Virtual Access BEN Service Plan - BEN will charge you a one-time activation fee of $12.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $24.95, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments. MRC may vary dependent on which nation is chosen as the "Most Favored Nation."

j. Virtual Office Coast to Coast Service Plan - BEN will charge you a one-time activation fee of $39.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $59.95, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments.

k. Virtual Office Jetsetter Service Plan - BEN will charge you a one-time activation fee of $59.95 payable at the time of enrollment. Additionally, BEN shall charge you a Monthly Recurring Charge (MRC) of $99.95, which will be billed to the billing coordinates provided to us at the time of enrollment, the MRC shall be billed and collected from you in thirty (30) day increments. MRC may vary dependent on which nation is chosen as the "Most Favored Nation."

l. Reconnection Fee - In the event that your service is terminated for non-payment, BEN will charge a "Reconnection Fee" of $5.95 per occurrence.

No Credit Allowances or Refunds - We will neither credit nor refund any service fees or any other amounts you pay for any prepaid Service Plans. Your non-usage of the service or misdialing while using the service does not entitle you to a credit or refund of any portion of a payment made to BEN.

Collection Fees Provision - In the event that the Customer defaults in the prompt payment of amounts due under this TOS and such indebtedness is placed in the hands of an attorney or collection agent for collection, or suit is brought on same, or collected through probate, bankruptcy or other judicial proceedings, then Customer agrees to pay reasonable fees and expenses (including attorney fees) incurred by BEN in the collection of such indebtedness. All of the charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.

8. Billing and Payment.
We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our website. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005. We will bill you for each term of service. When you subscribe to our service, you must give us a valid e-mail address and/or a payment notice method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your e-mail address changes, or your payment method is canceled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. Bills and/or invoices will be sent to the e-mail and/or mailing address on record.

Billing Disputes - If you want to dispute any BEN charges on your statement, you must notify us of your intent to dispute the charges within 7 days after you receive your statement from your bank or credit card issuer. If you do not actually dispute the charges within 30 days, you waive any right to contest the charges.

Payment - When you subscribe to our service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fees, ETFs and/or any other outstanding charges associated with your Service Plan or account.

9. Deposit Requirements for Fixed Rate Term Service Plans.
If at any time during the duration of your Service Plan, you experience two (2) disconnections for non-payment events, then BEN in its sole discretion may require that you post a security deposit in the amount of no greater than two (2) months of the Monthly Recurring Charge associated with your Service Plan. Refunds of a deposit will be given after offsetting the deposit against any amounts owed in the Customer's final bill.

10. Security.
Passwords - You will be asked to create a password in order to gain access to your account information online or when contacting a BEN agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account information.

Monitoring - We may monitor the use of our service for violations of this TOS. We may remove or block all communications if we suspect a violation of this TOS or if we think it is necessary in order to protect our service, or BEN, its parent, affiliates, directors, officers, agents, and employees from harm, loss or other reason deemed important to BEN.

11. Privacy.
BEN service uses, in whole or in part, the public internet, the public switched telephone network, and third-party networks to transmit voice and other communications. BEN is not liable for any lack of privacy, or limitation thereof that you may experience from using our service.

Personal Information Usage - By agreeing to the TOS, you authorize us to investigate and/or review your credit history, including requesting a consumer report, both when you sign up for our service and at any time after you sign up, for any purpose, including, but not limited to, your initial qualification for an account, your continued compliance with the terms of your account and general customer base evaluation purposes not specifically associated with your account; and to share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report.

In addition, if you receive BEN Visual Voicemail, whether as part of a plan that you have selected or as part of a trial, you authorize us to share your voicemails with human operators.

12. Liability & Exclusions.
Our total liability under the TOS will not exceed the service charges incurred for the time period in which your service existed. BEN will not, for any reason whatsoever, be responsible for third-party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.

Indemnification - You shall defend, indemnify, and hold harmless BEN, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you in support of our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) sought to be imposed by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).

Waiver of Claim or Causes of Action - You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arose from our wrongful and willful misconduct. You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorized it, and the use of your service or device(s). You represent, covenant and warrant that you and anyone who uses your service and all of your and their content will comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device. You accept all liability that may arise from your failure to provide true, accurate, current and complete information required by the terms of this TOS and are further required to maintain and promptly update all such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may immediately suspend or terminate service or refuse any and all future use of the service, or any portion thereof.

13. Number Transfer or "Port" on Service Disconnection.
Single-line Accounts - You may be able to take, or "port," your current number to another service provider. If you ask your new service provider to port a number from us and we receive your request from the new service provider, we will terminate our service for that number upon successful completion of the port. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees. If a port is unsuccessful for any reason, your service and your TOS with us will not terminate; you will remain a BEN Customer, and you will continue to be responsible for all charges and fees associated with your BEN service.

Multiple-line Accounts - If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices, you are required to inform us of your intent to terminate all the services on your account prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your BEN account and you will continue to be responsible for all the charges and fees associated with the remaining services on your BEN account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees applicable to the ported number.

14. Incompatibility & Non-Supported Services
No 0+ or Operator-Assisted Calling & Non-Support x11 Calling - Our service does not support 0+ or operator-assisted calling, including, without limitation, collect calls, third-party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service does support specified dialing such as 911 and 411, which are provided for elsewhere in these TOS under section 7 (entitled Fees, Taxes and Other Charges).

No Directory Listing - The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.

Non-Voice Equipment Limitations - You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, medical monitoring equipment, and certain versions of TiVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You hereby waive any and all claims of any nature whatsoever against BEN for interference with or disruption of these services and equipment, as well as any claim that BEN is responsible for any disruption to your business, as applicable.

Certain Broadband, Cable Modem, and Other Services - You acknowledge that our service presently is not compatible with AOL cable broadband service and certain versions of TiVo. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We disclaim any representing or warranty that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.

15. Governing Law.
The law of the State of Texas will govern this TOS as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this TOS is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision contained in Paragraph 20 below.

16. Waiver Clause.
Our failure to exercise or enforce any right or provision of this TOS will not constitute laches or a waiver of the right to enforce any such or provision. BEN reserves all of its rights at law and equity to proceed against anyone who uses its services or devices illegally or improperly. All determinations by BEN as to, when and how to enforce the terms of the TOS and how to exercise its rights shall be made in the sole and absolute discretion of Ben.

Waiver of Jury Trial - You and BEN agree that, by entering into this TOS, you and BEN are waiving the right to a trial by jury and electing to resolve all disputes or claims against each other by use of binding arbitration.

Waiver of Class Actions - You and BEN agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. It is also agreed the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any other provision in this TOS to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of the dispute resolution and binding arbitration provision as described in Paragraph 20 below, shall be null and void.

17. No Third-Party Beneficiaries.
If any claimant is not a party to this TOS, such party does not have any remedy, claim, liability, reimbursement, or cause of action against Ben. This TOS does not create any third-party beneficiary rights of any nature whatsoever.

18. Legal Age.
You promise and represent that you are of sufficient legal age to enter into this TOS contract and that you have read and fully understand all of its terms and conditions.

19. Severability.
If any part of this TOS is legally declared invalid or unenforceable, all other parts of this TOS will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this TOS.

20. Arbitration.
BEN and you agree to arbitrate any and all disputes and claims between you and BEN, its agents, officers, directors, affiliates and employees. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the laws of Texas and the United States of America. The scope of the duty to arbitrate includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and BEN, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory of any nature whatsoever; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this TOS; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "BEN," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this TOS or any prior TOSs between you and BEN.

Formal Notice of Disputes - A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to BEN must be sent to BEN by certified mail addressed to: BEN, Attn: Chief Legal Officer, 18208 Preston Road, Suite D9-114, Dallas, TX 75252. A Notice of Dispute to you must be sent to you by certified mail at the last mailing address that you registered with BEN; or by e-mail addressed to you at the last e-mail address you registered with BEN. The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought. If you and BEN do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or BEN may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: www.adr.org. The amount of any settlement offer made by you or BEN prior to commencement of the arbitration proceeding shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BEN is entitled.

Exceptions to Arbitration Agreement - Notwithstanding anything contained in this TOS to the contrary, you and we agree that (1) you may take your dispute to small claims court if your dispute qualifies for hearing by such court; (2) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court all claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the TOS; (3) you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction; (4) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (5) either you or we may seek any interim or preliminary injunctive relief from a court of competent jurisdiction, necessary to protect the rights or property of you or BEN, pending the commencement or completion of arbitration.

Arbitrator and Arbitral Rules -The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by e-mail at websitemail@adr.org, or by mail at 335 Madison Avenue, Floor 10, New York, New York 10017. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this TOS. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Location and Procedure of Arbitration - All hearings conducted as part of the arbitration shall take place at a location, that is mutually convenient to both parties or in the county of Ben's headquarters. If your claim is for $10,000 or less, you or BEN may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the hearing will be conducted in accordance with the AAA Rules. You are responsible for all fees and costs that you incur in the arbitration, including but not limited to, attorneys or expert witness fees. The prevailing party shall be entitled to recover all reasonable attorneys' fees incurred in the arbitration proceedings.

21. Change to this TOS Rights.
We reserve the right to unilaterally change the terms and conditions of this TOS from time to time. We will give you notice of a change by posting the change on either the home page of BEN, on your account Web page, on your monthly bill, in a newsletter, by e-mail, on the relevant Web page of the applicable service, or by other reasonable form of communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after TOS revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. Termination charges will not be applicable to termination of service due to increases in price or other material changes if your account is in good standing and you call us to terminate within 30 days after posted notice of the change. When posted, this TOS supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail Customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you continue to use our service, we will consider this your acceptance of any changes.

22. Export Controls.
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. Export Controls.

23. Copyright and Trademark.
Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

Third parties may independtly and without our knowledge, make and distribute to you materials describing our service. These third parties are not within our control. We do not review the content posted on any website regarding our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know that infringe another party's copyright to remain on our service website. If you believe any materials on our service infringe a copyright, you should give us written notice.

Your notice of infringement should, at a minimum, contain the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows: BEN Legal Department, Attn: DMCA Notices, 18208 Preston Road, Suite D9-114, Dallas, TX 75252.