BELLSOUTH® VOICE MAIL SERVICES AND FEATURES

TERMS AND CONDITIONS

The terms and conditions set forth herein constitute an agreement ("Agreement") between BellSouth Telecommunications, Inc. ("BellSouth") and the BellSouth Voice Mail customer ("Customer") for the provision of BellSouth Voice Mail services and features. Please read these terms and conditions carefully and keep a copy for your records.

  1. BellSouth will furnish and provide BellSouth Voice Mail services and features on a month-to-month basis. The services and features may be terminated at any time, for any reason, by Customer. In the event BellSouth chooses to discontinue any BellSouth Voice Mail service or feature as a generally available service or feature offering, BellSouth will provide thirty- (30) days written notice of the same to Customer. BellSouth reserves the right to provide BellSouth Voice Mail services and features through any appropriate equipment and software.

  2. Customer agrees to pay BellSouth its charge for establishment of the BellSouth Voice Mail services and features and the monthly charge for each service and feature that will be placed on Customer's monthly BellSouth bill. Customers purchasing usage-based services and features may receive a usage allowance in the monthly recurring rate. Such customers may be charged a per use rate for each use above the monthly allowance, if any. Customers purchasing a flat rate service or feature will be billed a recurring monthly rate regardless of amount of usage of the service or feature.

  3. Customer has the responsibility of contacting BellSouth if he/she wishes to discontinue any BellSouth Voice Mail services or features that Customer no longer wants, can no longer use with Customer's existing services, or that are incompatible with other existing services or features subscribed to by Customer. BellSouth may discontinue a BellSouth Voice Mail feature on behalf of Customer without notice to Customer if and when BellSouth becomes aware of Customer subscribing to another service or feature that is incompatible with a BellSouth Voice Mail feature or that Customer can no longer use a BellSouth Voice Mail feature because Customer has discontinued a service or feature with which the BellSouth Voice Mail feature was specifically designed to work.

  4. BellSouth may modify the charges for BellSouth Voice Mail services and features on thirty- (30) days written notice to Customer. Such notice may be provided in a bill insert, as a message printed on the BellSouth bill, in a separate mailing, or by any other reasonable method at BellSouth's discretion. BellSouth further reserves the right to modify the terms of this Agreement and/or the operation of BellSouth Voice Mail services and features at any time. If Customer does not accept the modified charges or terms of the Agreement, or the modified operation of the BellSouth Voice Mail service or feature, Customer may immediately terminate the service or feature.

  5. LIMITATION OF LIABILITY: Customer's sole remedies for loss or damage caused by use of BellSouth Voice Mail services or features, or for delay or partial or total nonperformance of any BellSouth Voice Mail service or feature under this Agreement, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, shall be limited to an amount equivalent to charges payable by Customer to BellSouth for such BellSouth Voice Mail service or feature for the period such failure, delay or nonperformance occur. A pro rata refund for these equivalent charges will be issued to Customer upon Customer request. BellSouth is not responsible for the content of messages or messages lost in the use of BellSouth's Voice Mail services and features, including those due to equipment failure or Customer error.

BELLSOUTH WILL IN NO EVENT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED TO THE PROVISION OR USE OF BELLSOUTH VOICE MAIL SERVICES AND FEATURES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, ERROR, MISTAKE OR OMISSION ON THE PART OF BELLSOUTH OR ITS EMPLOYEES OR AGENTS), STRICT LIABILITY OR OTHERWISE.

  1. BellSouth shall not be held responsible for any delay or failure in performance of any part of this Agreement caused by fire, flood, explosion, war, strike, embargo, government requirement, regulatory agency requirement, civil or military authority, act of God, or other similar causes beyond BellSouth's control ("Condition"). If any such Condition occurs, BellSouth may elect to immediately terminate this Agreement and the BellSouth Voice Mail services and features without notice.

  2. Unless expressly stated otherwise, these terms and conditions do not apply to customers who have entered a separate contract for BellSouth Voice Mail services and features for a specified time period to the extent such contract contains separate terms and conditions.

  3. Nonpayment of BellSouth Voice Mail service and feature charges shall not be cause for denial or termination of exchange telephone service. Nonpayment may, however, result in immediate cancellation of the BellSouth Voice Mail services and features without further notice and the application of a late payment charge on the delinquent charges for the services and features at the rate imposed by BellSouth for other delinquent charges, including interest, as set forth in its tariffs and Commission rules for such charges.

  4. BellSouth Voice Mail services and features are for Customer's use only and may not be assigned.

  5. If BellSouth Voice Mail services and features are tariff offerings in Customer's state, the terms of the tariff will control in the event of a discrepancy between the terms and conditions hereof and the provisions of the applicable tariff.

  6. In using BellSouth Voice Mail services and features, Customer shall comply with all applicable state and federal laws and regulations. The services and features shall not be used for any unlawful, fraudulent or obscene purpose, or for the purpose of frightening, abusing, tormenting, or harassing another, or for any other purpose in violation of BellSouth's regulations and policies. Any such usage may result in immediate termination of the services and features without notice.