-- Wireless Toolkit Terms and Conditions -- SERVICE AGREEMENT

1. Service Plan/Start of Service. By signing the Wireless Toolkit Order Form ("Service Order Form"), Customer enrolls in the Service Plan specified by Customer on the Service Order Form. GoAmerica Communications Corp. ("GoAmerica") shall provide Customer with the wireless data communication services ("Services") specified in the selected Service Plan, beginning the day GoAmerica receives the Service Order Form from Customer ("Initiation Date.")

2. Service Charges. Customer shall pay GoAmerica's charge ("Service Charge") for the selected Service Plan on a monthly basis, plus all applicable charges for any additional services used, month-to-month service fees incurred and any and all applicable taxes and surcharges. The first Service Charge payment shall accompany Customer's Service Order Form. Customer shall pay the applicable Service Charge in the form selected by Customer on the Service Order Form. The monthly billing period shall be established by GoAmerica and communicated to Customer (the "Billing Period"). Customer will be billed in advance for monthly Service Charge and payment shall be due on the first day of each Billing Period. To the extent Customer's initial Service Charge payment exceeds the amount it would be if it were prorated to the number of days during the initial Billing Period, that amount shall be applied to Customer's Service Charge for the next Billing Period. If a check is returned for insufficient funds or any other reason, or a credit card payment is denied by the credit card provider, GoAmerica reserves the right to charge the Customer's account $25.00 per occurrence.

3. Term. Services are provided for a six (6) month term, as selected by the Customer on the Service Order Form ("Term"). Following the expiration of any Term, Services will be provided on a month-to-month basis unless: (a) Customer enters into a new agreement with GoAmerica; or (b) this Agreement is terminated by either party by notice to the other party at least thirty (30) days prior to the end of the Term. Any change in the Service Charges shall take effect at the start of any new agreement or upon the provision of services on a month-to-month basis.

4. Late Fee. If any balance remains on Customer's account at the end of the Billing Period, Customer will be charged a LATE FEE EQUAL TO 1.5% OF THAT BALANCE EACH MONTH (18% ANNUAL PERCENTAGE RATE).

5. Change Service Plan. GoAmerica, in its sole discretion, reserves the right to change the Service Charge for, as well as any or all options included in available Service Plans, without Customer's prior approval and subject to all remaining terms and conditions of Customer's applicable Service Plan; provided any such change does not result in any additional cost, or elimination of any benefit, to a Customer as otherwise set forth in Customer's applicable Service Plan.

6. Termination of Service. IF A SIX (6) MONTH TERM WAS SELECTED BY THE CUSTOMER, CUSTOMER MAY TERMINATE THIS AGREEMENT DURING THE TERM BY GIVING 30 DAYS' PRIOR WRITTEN NOTICE AND PAYING A TERMINATION FEE OF $25.00 PLUS THE AMOUNT OF ANY SERVICE REBATE OR CREDIT RECEIVED BY OR CREDITED TO THE CUSTOMER. TERMINATION OF THIS AGREEMENT SHALL TAKE EFFECT ON THE FIRST DAY OF THE NEXT BILLING PERIOD.

7. Denial of Service. Customer agrees that the Service will not be used in any way which (i) is unlawful, fraudulent, excessive or abusive or (ii) interferes with GoAmerica's ability to provide Service to Customer. Customer will not use profane, abusive or harassing language when using, inquiring about or ordering Services. If this Section is violated, then GoAmerica may immediately and without notice suspend all or any part of the Services and/or, upon thirty (30) days' written notice to Customer, terminate this Agreement.

8. Use; Disclosure/Access to Messages. Customer shall use the Services and the Device in accordance with all applicable laws, regulations, orders and ordinances. Customer acknowledges that neither the Services nor the Device is intended to mitigate any form of disability, physical or otherwise. No Customer may use the Services or the Device to (a) infringe the copyright or other intellectual property rights of third parties; (b) distribute defamatory, fraudulent or harassing messages; or (c) otherwise engage in any illegal or wrongful conduct. All Customers, including employees using the Services established, or paid for, by their employer, are subject to this Section. At any time, upon reasonable notice to GoAmerica, an employer may request access to or disclosure of any message transmitted on GoAmerica Device or Services. GoAmerica may also be required to release or disclose Customer's message(s) to a third party under applicable law, pursuant to legal process or subpoena, or in a judicial or other governmental investigation or proceeding. In either circumstance, GoAmerica shall, whenever reasonably possible, notify Customer, via GoAmerica messaging system, within 24 hours of GoAmerica receipt of an employer's request of such access or disclosure ("GoAmerica Notification"). Customer shall have 24 hours from the time of the transmission of the GoAmerica Notification to object, via GoAmerica messaging system, to GoAmerica release or disclosure of the message(s). Provided, however, GoAmerica may release or disclose message(s) without such GoAmerica Notification when GoAmerica reasonably believes that its delay in acting may result in (i) significant bodily harm; (ii) significant property loss or damage; or (iii) loss of significant evidence of one or more violations of law.

9. Disclaimer of Warranties. Customer has selected GoAmerica Services based on Customer's own judgment and expressly disclaims any reliance upon any statements or representations, whether written, oral or implied, by GoAmerica or its affiliates, and acknowledges that GoAmerica has no knowledge of the particular purpose for which Customer is purchasing the Services. GOAMERICA MAKES NO WARRANTIES, EXPRESS OR IMPLIED REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES AS TO THOSE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT APPLICABLE. GOAMERICA DOES NOT WARRANT AND HEREBY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability and Indemnification. NEITHER GOAMERICA, ITS AFFILIATES, ITS LICENSORS OR ITS SUPPLIERS (INCLUDING, WITHOUT LIMITATION, CINGULAR WIRELESS) ("GOAMERICA AFFILIATES") WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR WITH THE PROVISION BY GOAMERICA OR ANY GOAMERICA AFFILIATE OF WIRELESS DATA COMMUNICATIONS SERVICES, EVEN IF GOAMERICA OR A GOAMERICA AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GOAMERICA OR GOAMERICA AFFILIATES' COLLECTIVE LIABILITY FOR ANY FAILURE, DELAY OR NONPERFORMANCE OF THE SERVICES OR THE PROVISION OF WIRELESS DATA COM MUNICATION SERVICES, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE SERVICE CHARGES PAID BY CUSTOMER TO GOAMERICA DURING THAT PERIOD OF FAILURE, DELAY OR NONPERFORMANCE.
Notwithstanding anything contained in this Agreement, in no event shall GoAmerica be liable for any damages resulting from any action taken in Section 9 above. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.

11. Events of Default. Each of the following shall be a default ("Default") under this Agreement: (a) Customer's failure to make (i) any payment of any Service Charge within 10 days of its due date or (ii) any other payment to GoAmerica owing to GoAmerica when due or by the expiration of any grace period under the applicable Ser vice Plan; (b) Customer becomes insolvent; (c) Customer makes any assignment for the benefit of creditors or if a petition in bankruptcy is filed by or against Customer; or (d) Customer's property becomes subject to attachment or a receiver, trustee, or liquidator is appointed for Customer or any of Customer's property.

12. Remedies. Upon the occurrence of any Default, GoAmerica may (in addition to any actions it may take under applicable law): (a) proceed by appropriate court action to enforce performance by Customer of this Agreement and/or recover damages for its breach; (b) apply the Deposit to any amounts owing or which shall become due during the Term; and/or (c) terminate this Agreement upon notice to Customer.

13. Force Majeure. GoAmerica shall not be liable for any interruptions in the Services caused by any equipment or computer malfunction, electrical failures, strikes or other labor disturbances, riots, governmental acts, fires, acts of God, or any other event beyond GoAmerica's control and GoAmerica shall not be required to furnish Services to Customers while any such event exists.

14. Miscellaneous. Customer may not assign this Agreement without the prior written consent of GoAmerica. This Agreement may not be amended except in a writing signed by both parties and shall inure to the benefit of the parties and their permitted successors and assigns. No term of this Agreement may be waived except by a written waiver signed by the party waiving the relevant term. This Agreement shall be governed by the laws of the State of New Jersey. The courts of Bergen or Passaic, counties, New Jersey shall be the exclusive venue for any actions arising from or related to this Agreement and its subject matter and Customer waives any and all objections it may have to that venue. If any provision of this Agreement is held invalid, the remainder of this Agreement shall remain in full force and effect. Customer shall reimburse GoAmerica immediately for all costs, expenses, and fees (including, without limitation, reasonable attorneys' fees and costs) GoAmerica incurs in enforcing this Agreement. This Agreement and the Service Order Form contain the entire agreement between the parties concerning their subject matter and supersede any and all representations, understandings, or agreements, whether written, oral, or implied, concerning that subject.