GnomeNet Terms and Conditions of Use Agreement

TelEvolution, Inc. ("TelEvolution" or "Us"), provides the GnomeNet services (known hereafter as the "Services"). The following terms and conditions (the "Agreement") will govern your use of the Services. Your use of the Services indicates that you have read this Agreement in its entirety and agree to the terms and conditions contained herein. ONCE AGAIN, READ THIS ENTIRE AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN, DO NOT JOIN OUR COMMUNITY AND DO NOT USE GNOMENET). BY USING GNOMENET SERVICES YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Use of Data and Information; Privacy Policy

Please recognize that TelEvolution receives information from you in a variety of ways including the information you provided when you registered for the GnomeNet Services, data collected when you place or receive a phone call using the GnomeNet Services (such as the capture of numbers you call and the duration of those calls) and feedback you provide to us regarding your use of the GnomeNet Services. These are just examples but are not exhaustive of the types of information we collect from you. All information that you provide to TelEvolution is governed by the TelEvolution GnomeNet User Privacy Policy, which is incorporated herein by reference. We urge you to review this privacy policy in detail. By using the GnomeNet Services, you acknowledge that you have read and understand the GnomeNet User Privacy Policy and YOU CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION IN THE MANNER WE DESCRIBE.

Use of the GnomeNet Services

The following requirements apply to the use of the GnomeNet Servicess:

(a) You will not use the GnomeNet Services for any purpose that is unlawful, abusive, intrusive on another's privacy, harassing, libelous, defamatory, threatening or hateful, or in any other way that would violate any applicable governmental law.

(b) You may not offer the GnomeNet Services or any part thereof for sale or transfer to another person or entity.

(c) TelEvolution offers the GnomeNet Services to consumers located in the United States. While the GnomeNet Services may be used to make and receive international calls, we do not represent that the use of the GnomeNet Services is appropriate, possible or safe in locations outside the United States based on individual certification requirements in specific countries. If you choose to use the GnomeNet and the Services from outside the United States, you use them at your own risk and are responsible for compliance with any and all governing foreign and local laws.

(d) You may not reverse engineer the GnomeNet Services.

(e) You may not use the GnomeNet Services for telemarketing, broadcast fax, or to deliver unauthorized or unsolicited advertising, promotional materials or solicitations.

(f) You acknowledge that the GnomeNet website and any provided software is exclusively for use with the GnomeNet Services.

Registration and password

You are responsible for maintaining the confidentiality of your password that you will use to access your account online, and shall be responsible for all usage of your user account and/or user name, whether authorized or unauthorized by you. You agree to immediately notify TelEvolution of any unauthorized use or your user account, user name or password.

Eligibility

Our services are void where prohibited by applicable laws. Our GnomeNet Services are offered only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our GnomeNet Services are not available to minors under the age of eighteen (18) in the jurisdiction or control of the United States or to anyone who may not be able to form a legal binding contract within such person's jurisdiction. Any misstatements and/or misrepresentations regarding the age, background, experience and/or eligibility of any users of the GnomeNet Services are not the responsibility of TelEvolution. TelEvolution does hereby expressly disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any users of the GnomeNet Services. You hereby represent, understand and agree to hold TelEvolution harmless and to indemnify TelEvolution for any misstatements and/or misrepresentations, whether made intentionally or not, made by you.

Your Warranties and Representations

(a) are at least 18 years of age;

(b) have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose to TelEvolution in connection you're your use of the GnomeNet Services;

(c) will use the content and materials made available to you by TelEvolution only for the purpose of using the GnomeNet Services;

(d) do not provide services to a company (or were asked to use the GnomeNet Services by a representative of a company) that is presently providing VOIP services; and

(e) will not misappropriate any of the intellectual property of TelEvolution or any other party.

Underage Children

We have no way of distinguishing the age of individuals who order the GnomeNet Services, despite the representations made above. Therefore, we carry out the same policies for individuals of all ages. If a child under the age of 18 has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities.

Release

Because we are not involved in the actual contact between users, in the event that you have a dispute with one or more users and/or any parties unrelated to TelEvolution (including, but not limited to, any customers of TelEvolution), you release TelEvolution (and our officers, directors, principals, agents, investors, subsidiaries and employees) from all claims, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Disclaimer of Guarantee of Server Uptime

TelEvolution and their affiliates cannot guarantee the continuous operation of the GnomeNet Services (including its servers). TelEvolution shall not be liable for any delay or failure of the GnomeNet Services (including its servers) to perform. In the event of a systems incompatibility or inoperability with the GnomeNet Services, the sole liability of TelEvolution and their affiliates shall be limited to any amounts actually paid to TelEvolution with respect to the affected period. TelEvolution, its parents, affiliates, officers, directors, employees, agents and other personnel shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect the GnomeNet Services operation.

DISCLAIMER OF WARRANTIES

A. DISCLAIMER OF WARRANTIES. ALL EXPRESS, OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW.

B. ANY AND ALL LIABILITY, IF ANY, OF TELEVOLUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS SHALL BE LIMITED TO ANY AMOUNTS ACTUALLY PAID TO TELEVOLUTION. YOUR SOLE REMEDY SHALL BE REFUND OF ANY AMOUNTS ACTUALLY PAID TO TELEVOLUTION. TELEVOLUTION SHALL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF USE OF PRODUCT, FACILITIES OR EQUIPMENT, COST OF SUBSTITUTE OR REPLACEMENT, DOWN TIME OR SIMILAR LOSS, EVEN IF TELEVOLUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TELEVOLUTION SHALL NOT BE LIABLE FOR ANY CLAIMS, INCLUDING THIRD PARTY CLAIMS, FOR BODILY HARM, INJURY OR DEATH RESULTING FROM THE USE OR MISUSE OF THE GNOMENET SERVICE.

C. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term/Termination

This Agreement will be effective from the time you commence use of the GnomeNet Services until the GnomeNet Services is terminated; provided, however, TelEvolution will have continuing rights to use your data as described herein and in the GnomeNet User Privacy Policy. You may terminate this Agreement at any time by discontinuing use of the GnomeNet Services and providing TelEvolution written notification of your termination by sending an email to termination@televolution.com. TelEvolution has the right to terminate your use of the GnomeNet Services at any time for any of the reasons outlined in this Agreement or for no reason at all.

Governing Law and Venue

You agree that the laws of the State of California shall govern the terms of this Agreement and your use of the GnomeNet Services. Any disputes under this Agreement may be brought in the state courts or the Federal courts located in Oakland, California, and you hereby consent to the personal jurisdiction and venue of these courts.

Copy of Agreement and Additional Questions

Should you have any questions concerning this Agreement please contact TelEvolution Inc., PMB #417, 3494 Camino Tassajara Road, Danville CA 94506-4680.

Notices

We may send you notices by mail or electronic means, in our sole discretion. Notices to you shall be effective 1) 3 days following the date deposited in the U.S. Mail or delivered to a nationally recognized courier or delivery service to your address as kept in our files and/or 2) immediately upon our transmission using an electronic means such as email or text messaging service. You are responsible for notifying us of any changes in your mailing or email address. Written notice to us shall be effective when directed to TelEvolution Inc., PMB #417, 3494 Camino Tassajara Road, Danville CA 94506-4680 and received by us. Your notice must contain specific information adequate to identify you and your GnomeNet/GnomeNet Services records. Oral and electronic notices shall be deemed effective on the date reflected in our records.

Changes to Our Policy or Terms and Conditions

TelEvolution reserves the right to change this Agreement at any time. Any changes will be posted on GnomeNet website at www.GnomeNet.net/static/policies.html.

Intellectual Property Rights; Copyright and Trademark Notice

You understand that TelEvolution or its affiliates owns all of the intellectual property rights in and to the GnomeNet Materials. All information appearing in the GnomeNet Materials including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the sole property of TelEvolution Inc., and are protected by U.S. and international copyright, trademark and patent laws. The GnomeNet Materials are solely for your use of the GnomeNet Services in strict accordance with this Agreement. Any other use including, without limitation, modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without TelEvolution's prior written permission is strictly prohibited. All rights not expressly granted herein are reserved by TelEvolution, Inc.

TelEvolution^™ and GnomeNet^™ are trademarks and service marks of TelEvolution, Inc.

Arbitration

Any controversy or claim arising out of or relating to this Agreement, the GnomeNet Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or TelEvolution may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, necessary to protect the rights or property of you or TelEvolution pending the completion of arbitration.

Miscellaneous Information

In the event that these terms of use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms of use will remain valid and intact. The failure of either party to assert any right under these terms of use shall not be considered a waiver of that party's right, and that right will remain in full force and effect. You agree that, without regard to any statute or contrary law, that any claim or cause arising out of your participation in the GnomeNet Services must be filed within one (1) year after such claim or cause arose, or else the claim shall be forever barred.

Revised May-2006

Gnomies Area