For the purposes of these Terms and Conditions of Service ("Terms and Conditions" or "Terms of Service"), "Service" or "Services" means the telecommunications services Yak provides to You, including, as the case may be, intrastate, interstate or international long distance voice services ("Yak Long Distance"), wireless long distance voice services ("yakCell"), calling card services ("yakCallingCard"), dial-around long distance voice services ("Yak Dial-Around") and other services that we may provide in the future. 

"User" includes any person (including but not limited to You), firm, corporation or other entity that utilizes the Service(s) or otherwise through Your codes, authorization or other means of access to the Service. Derivative terms such as "Usage" and "Use" will have corresponding meanings.

"Yak" means Yak Communications (America) Inc.

"You" means the subscriber. Derivative terms such as "Your" will have corresponding meanings.

THE TERMS AND CONDITIONS MAY BE CHANGED AND UPDATED FROM TIME TO TIME BY YAK. YAK WILL POST UPDATED TERMS AND CONDITIONS ON ITS WEBSITE (WWW.Yakamerica.COM) AND MAY ADDITIONALLY GIVE YOU NOTICE OF ANY CHANGES BY LETTER OR IN YOUR MONTHLY BILL. YOUR CONTINUED USE OF THE RELEVANT SERVICES THEREAFTER WILL BE DEEMED ACCEPTANCE BY YOU OF SUCH CHANGES. PLEASE KEEP VISITING OUR WEB SITE FOR THE LATEST TERMS AND CONDITIONS.

THESE TERMS AND CONDITIONS INCORPORATE BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS INCLUDED IN ANY AND ALL TARIFFS AND/OR PRICE LISTS FILED WITH THE VARIOUS STATE PUBLIC UTILITY REGULATORY AGENCIES AND/OR COMMISSIONS. CERTAIN STATE TARIFFS MAY BE ACCESSED FROM OUR WEBSITE AT WWW.YAKAMERICA.COM.

YAK's PRIVACY POLICY IS INCORPORATED HEREIN BY REFERNCE AND FORMS AN INTEGRAL PART OF THESE TERMS AND CONDITIONS. YOU CAN READ OUR PRIVACY POLICY AT WWW.YAKAMERICA.COM.

THESE TERMS AND CONDITIONS ONLY APPLY TO THE PROVISION OF SERVICES TO UNITED STATES RESIDENTS.

BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING YAK AT 1-866-434-7661 FOR FURTHER DIRECTIONS. 

By subscribing to Yak's Services, You are agreeing to abide by these Terms and Conditions. You agree that any Users will Use the Services only for lawful purposes. You agree that before placing any order for yakLongDistance, You will have removed any "PIC freeze" (i.e., additional precautionary measures to prevent changing of Your long distance provider) associated with Your name, telephone number or account. You also acknowledge that due to regulatory orders and transition processes, there may be a transition period between Your current service provider, if any, for the Service in question, and the commencement of Your Services with Yak.

You acknowledge that Yak may terminate Service immediately, without any notice and without any liability to You whatsoever, if, at the sole discretion of Yak, You or any User misuses or permits others to misuse or abuse any Service for purposes that are contrary to law or contrary to these Terms and Conditions, or if Yak has to preserve the integrity of the network, or comply with laws or other regulatory orders or tariffs. 

You are liable for any and all Use of the Services by any User, and You remain solely responsible for all use of service ordered or billed to Your telephone number(s), for determining who is authorized to use Your service, and for promptly notifying Yak of any unauthorized use. You agree to indemnify and hold harmless Yak against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such Use.

Yak provides the Services to You as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of Yak. In subscribing for the Services, You obtain no proprietary right or interest in any particular facility, service, equipment, telephone number or code associated with the Services, and Yak makes no representation or warranty that the Services are compatible with any particular facilities, equipment or other infrastructure.

Yak may suspend or terminate Service, without any liability to You whatsoever, if You (or other User, as may be applicable): fail to pay Your account that is past due; fail to meet Yak's credit requirements; become bankrupt or otherwise insolvent; harass, threaten or otherwise act unreasonably towards Yak, its employees or agents; are in breach of these Terms and Conditions; Use the Services so as to prevent fair and proportionate use by others; Use the Services contrary to law, public policy or decency standards (including but not limited to regulatory pronouncements on issues such as Automatic Dialing-Announcing Devices and unsolicited live voice and fax calls), or reasonable Usage policies instituted from time to time by Yak; charge or allow others to charge any other person for the Use of the Service without Yak's prior written agreement; alter or otherwise interfere with Yak's facilities, equipment, network or connections or Use the Services in a prohibited, unlawful, or improper manner, including but not limited to, permitting fraudulent use.

Prior to suspension or termination, Yak will make reasonable efforts to provide You with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in Yak's reasonable discretion, during which You will have the opportunity to rectify the reason for proposed suspension or termination.

You acknowledge and agree that termination or suspension does not remove Your responsibility to pay all fees owed by You to Yak up to the date of termination or suspension.

Notwithstanding anything contained herein to the contrary, Yak will not provide notice of a proposed suspension or termination:

1. where immediate action must be taken to protect Yak's facilities, equipment, network or connections, to protect the safety or security of others (including protection against abusive behavior), to stop the commission of any offence (including fraud), or to ensure compliance with any law, court order or other legal requirement;
2. where Yak reasonably believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination;
3. in an emergency situation; or
4. where Yak has made reasonable efforts to provide You with advance notice in accordance with the second paragraph above, but was unable to do so.

In the event of a suspension or termination of the Service, all features and services will also be suspended or terminated. A suspension or termination will not affect Your obligation to pay any amounts owed to Yak either during or after the suspension or termination, including the full month's charges for the month where Your Service is suspended or terminated.

If the Service is suspended or terminated for non-payment or otherwise for cause relating to any of the reasons listed above, a reconnection service charge may be applied for reconnecting the Service. Following a suspension or termination of Service, Yak cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You.

Yak permits You to terminate Your Service at any time by contacting Yak's Customer Service at 1-866-434-7661 from 7:00 a.m. to 1:00 a.m. EST on Monday to Friday, and 9:00 a.m. to 9:00 p.m. on Saturday and Sunday. You will be charged the applicable Usage charges applicable up to and including the effective date of cancellation, recognizing that for certain Services (e.g., Yak Long Distance), there may be a transition period before You are moved to another provider and You will therefore continue to be liable for any Usage charges incurred during such period.

Fraud

You agree to notify Yak immediately, in writing or by calling Yak's Customer Service at 1-866-434-7661, if You become aware at any time that Your Service (or any aspect of the Service such as password, PIN or card number) is being or has been stolen or fraudulently, improperly or unlawfully used. When You notify us, You must provide Your account number and a detailed description of the nature of the fraudulent, improper or unlawful Use of the Service. Failure to do so in a timely manner may result in the termination of Your Service and additional charges to You. You will be liable for all Use of the Services, irrespective of fraudulent, improper or unlawful use of the Services. You are responsible for the security of Your authorization codes, passwords and PIN numbers, if any, as well as any and all access to Your telephones, telecommunications, Internet systems and Service.

CREDIT AND PERSONAL INFORMATION

You consent and agree that Yak has the right to and may check Your credit rating from time to time, including in advance of initiating Service for You and by using the social security number to be provided by You for that purpose. You consent to the receipt and provision of account information from and to credit grantors and credit bureaus, as well as collection agencies if and as required. You agree that, for Services other than Yak Dial-Around, You will give Yak prior written notice of any changes to Your billing information, including but not limited to Your new address, new contact information and any revised credit card or other authorized payment mechanism information.

You also acknowledge and agree that due to a federal regulation requiring You to provide a written authorization to verify Your desire to switch Your carrier for the provision of certain Services, including interstate long distance, that compliance with such requirements is a prerequisite to Yak's ability to provide such Services. In the case of Yak, independent third party verification ("TPV") is provided through VoiceLog, an authorized TPV vendor. Alternatively, You may also provide a written letter of authorization directly to Yak.

Yak respects Your personal information and adheres to Yak's Privacy Policy. You can read our Privacy Policy at WWW.YAKAMERICA.COM. Yak's privacy policy affirms its commitment to maintain confidentiality, security, accuracy and privacy of customer personal information that Yak collects and uses to provide Service. If You would like to review the contents of Your personal file with Yak, please call our Customer Service at 1-866-434-7661.

The Service is only available where it is possible and commercially reasonable (in the sole determination of Yak) to provide such Service. You acknowledge and agree that Yak may conduct a preliminary check to determine if a Service is available in Your area. In addition, Yak is not required to provide Service to You where: 1) Yak would have to incur unusual expenses which You will not pay; for example, special construction; 2) You owe amounts to Yak that are past due other than as a guarantor; 3) You do not provide credit information satisfactory to Yak or a reasonable deposit, as requested by Yak from time to time and as determined, at least in part, by Your Usage patterns and quantity. Where You have provided a deposit, simple interest, based on the monthly savings account rate of The Sun Trust Bank, will be paid on all sums retained on deposit.

SERVICE INTERRUPTION/MAINTENANCE

Yak may interrupt Your Service at any time for any duration of time, without any notice or liability, in order to install, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

Yak does not guarantee uninterrupted operation of Service, or of its equipment, facilities, connections or network, or that there will not be delays, errors, defects or failures associated with the Services

You are responsible for payment to Yak of charges for all Services provided including all calls originating from the customer’s premises and all calls charged to the customer’s line where any person answering the customer’s line agrees to accept such charge. You acknowledge that other than for Yak Dial-Around or yakLongDistance LEC billing, Yak collects all charges pursuant to one of three options: (1) Autopay - no paper invoice, Yak will debit Your credit card (limited to certain major cards) 22 days from date of invoice You can view or download online on demand; (2) Direct Bill Plus - receive a monthly paper invoice and Yak will debit Your credit card (limited to certain major cards) on the 22 days from date of invoice. Yak Dial-Around is billed by Your local voice service carrier on Your local telephone bill according to the billing cycle and practices of that carrier. yakCell and yakCallingCard is billed by preauthorized payment, whereby Yak will debit Your credit card (limited to certain major cards) on the earlier of one established day per month or when Your usage of yakCell or yakCallingCard reaches or exceeds $50 (before applicable taxes and other fees). Your credit card may be debited earlier and more frequently if Your account balance reaches $50 or more.

In the event Yak is unable to debit Your credit card or bank account, or otherwise is not paid in respect of Your Use of Service, in addition to any other remedies available to Yak, Yak will charge an administrative fee and late charges at a monthly compounded rate of 1.5% (19.56% per annum). Yak will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.

You acknowledge that Yak may not issue checks for refunds for any amounts lower than ten dollars ($10.00). In the alternative, You agree that any refunds lower than ten dollars ($10.00) will be credited against Your account or, at Yak's discretion, may be subject to a reasonable processing fee to refund. Except in the case of deception, You will not be responsible for paying a previously unbilled or under billed charge that is billed more than one year following the end of the month in which such charge was incurred. Improperly billed or over billed charges will be credited, provided that You dispute such charges within 150 days of the date of the bill.

Usage charges for all YakLongDistance voice Services will be billed individually in six second minimums and increments, other than: (i) calls to an international destination which are subject to a thrity (30) second minimum chage,, (ii) yakCallingCard and yakCell calls, for which calls will be billed in full minute minimums and increments and (iv) Yak Dial Around calls, which will be billed in one minute increments. Any fraction of an increment will be rounded to the next highest increment. Call timing will be determined conclusively by Yak's network systems. Any fraction of an increment will be treated as an entire increment. Usage charges are exclusive of applicable taxes, regulatory-mandated fees and third party-controlled fees, including but not limited to any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges or surcharges (however designated), Universal Service Fund, Federal Excise Tax and, in the case of business lines, presubscribed interexchange carrier (PICC) charges. Where Yak considers any additional fees charged to Yak by Your local telephone company (so that Yak can provide long distance or other Services to You) to be excessive, reasonable surcharges to Your rate structure may also apply.

You may request, and we will provide, an in-depth review of any disputed amount. During the period that the disputed amount is under investigation, we will not pursue any collection proceedings or assess late fees with regard to the disputed amount. Billing inquiries may be directed to us through our toll free number, 1-866-434-7661.

OTHER APPLICABLE FEES RELATING TO CERTAIN SERVICES