General Service Description

AT&T's Video Relay Service (VRS) allows a telecommunications relay services (TRS) user with a hearing and/or speech disability who uses American Sign Language (ASL) to communicate with a voice telephone user through video equipment installed at either the premises of the person with the disability or another appropriate location and the video relay center. In order to be able to access AT&T's Video Relay Service, the ASL user must have compatible equipment, including a computer, high-speed Internet access, video software, and a video camera. Please refer to Section 2 for more information on General Technical Requirements.

A customer initiates a VRS call utilizing high-speed access and a video camera to the VRS center. Once the connection is made between the caller and the center, the caller uses ASL to state his or her intent to place an outgoing call. An outgoing voice connection is made to the intended receiver over traditional telephone lines. After the connection, the parties then communicate through a certified interpreter called a Video Interpreter (VI) at the VRS center.

AT&T's VRS allows users equipped with high speed Internet access and a web camera to access the service via a computer through an Internet Service Provider ("ISP"). By pointing your web browser to the AT&T VRS address http://www.attvrs.com you will be able to access a certified interpreter who will place a relay call to a standard phone user pursuant to the terms and conditions set forth below. You will get the same level of quality that you have come to expect from AT&T Relay Service… right from your desktop.

ASL Video Relay users can also receive calls through AT&T's VRS. Standard telephone users can call toll free to 1-888-VRS-9998 to request a VRS call.

Please keep in mind that Video Relay Service does not replace traditional landline relay services or offer all the call types and features that are required with traditional landline relay service. To use AT&T's traditional land line Relay Service, please call 800-855-2883. For more information about AT&T's Relay Service please call 800-682-8786 TTY or 800-682-8706 Voice.

PLEASE NOTE THAT THIS VIDEO RELAY SERVICE IS PROVIDED BY AT&T. PLEASE READ AND REVIEW THE TERMS AND CONDITIONS OF THE AT&T AGREEMENT BELOW. BY USING THIS SERVICE YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE.

AT&T VIDEO RELAY SERVICE AGREEMENT

Agreement & Conditions

THANK YOU FOR USING AT&T VIDEO RELAY SERVICES. IN THIS AGREEMENT ("AGREEMENT"), "YOU" AND "YOUR" MEAN THE CUSTOMER OF AT&T SERVICES DEFINED BELOW AND "AT&T," "OUR," AND "US" MEAN AT&T CORP., AT&T RELAY SERVICES AND ANY AT&T AFFILIATES AUTHORIZED TO PROVIDE YOU WITH SERVICE. BY USING THIS SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH ON THIS PAGE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE.

1. Service Description.
AT&T's Video Relay Services (VRS) allows a telecommunications relay services (TRS) user with a hearing and/or speech disability who uses American Sign Language (ASL) to communicate with a voice telephone user through video equipment installed at either the premises of the person with the disability or another appropriate location and at the video relay center. A customer initiates a VRS call utilizing high-speed access and a video camera to the VRS center. Once the connection is made between the caller and the center, the caller uses ASL to state his or her intent to place an outgoing call. An outgoing voice connection is made to the intended receiver over traditional telephone lines. After the connection, the parties then communicate through a certified interpreter called a Video Interpreter (VI) at the VRS center.

Users will be able and allowed to place domestic local, toll, and interstate domestic AT&T VRS calls at no cost! Other limitations apply as set forth herein.

Standard phone users may also originate a VRS call to a registered ASL user through AT&T's VRS service by calling toll free to 1-888-VRS-9998.

2. Technical Requirements.
In order to be able to access AT&T's Video Relay Service, the ASL user must have compatible equipment including, a computer, high-speed Internet access, video software, and a video camera. Following are general minimum system requirements:

• 500 MHz or higher processor
• 133 MHz or higher system bus (500 MHz bus is recommended)
• Windows 98, 2000, XP (Windows NT is not recommended)
• 128 MB or higher RAM (256 MB is recommended)
• SVGA Monitor (800x600) with 16 bit color or higher
• 16 MB or higher video memory card (VGA card)
• 1.0 or 2.0 USB Port
• 6 MB free hard disk space
• Broadband IP Network Access (Cable, DSL, LAN, T1 or higher broadband connection required) (Note: 128 kbps or higher on upload and download) Microsoft Internet Explorer® 6.0 or higher (Free download from www.microsoft.com to upgrade Explorer)
• Logitech ProCam 3000 or equal quality camera

3. Authorized Use.
To be an "Authorized User" you must reside within and place the video relay call from within the domestic United States, including Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands. AT&T may investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates the customer agreement for this service. AT&T reserves the right to investigate any abuse and/or unauthorized access of this service and to seek reimbursement and damages. AT&T will not be held liable for costs or damages arising directly or indirectly from unauthorized use or access of the service. AT&T will not be liable for any cost or damage arising either directly or indirectly from use of the service.

4. Availability.
AT&T does not warrant that the service will be uninterrupted or error free or that defects in the service will be corrected. The service is being made available on an "as is, as available" basis AT&T's Video Relay Service is expected to be available 24 hours a day / 7 days a week.

Technical or service affecting situations may arise which can result in the service being temporarily unavailable. Service may also not be available at all times due to interruptions, technical problems, and/or system upgrades and maintenance.

5. Types of Calls Allowed through the AT&T Video Relay Service:
This service permits you to place certain types of relay calls as set forth in Sections 1 through 5. Until further notice as set forth in Section 15, all such calls, with the exception of 900 Pay-per-Call services are free to Authorized Users. Service will be provided in English. The following additional limitations apply:

• Calls must originate from a number within the United States and/or its territories.
• There is no limit to the length of your VRS call.
• 900 and 976 Pay-per-calls are not permitted.
• Video to Video calls are not permitted.
• Operator assisted billing such as collect and bill to third number is not currently available.
• Selection of Carrier of Choice (COC) is not currently available.
• Video Relay is not for Emergency calls. AT&T Video Relay Service is not designed as a substitute for 911 services. Due to the nature of Video Relay calls through the Internet, at this time AT&T will not be able to recognize your location to forward it to an emergency center. AT&T will make every effort to complete or transfer a Video Relay call. To ensure that your emergency call is handled quickly, please use your telephone or TTY to call your local emergency service number directly.
• AT&T shall not be liable for any damages arising from or related to emergency calls placed over the AT&T Video Relay Service.
• AT&T reserves the right to seek reimbursement and damages for all call types that are not permitted or available.

6. Confidentiality.
Calls made through AT&T Video Relay Service are confidential. AT&T Video Interpreters (VI), as required by law applicable to regular relay services, will not disclose any information from your conversation, and no records of the conversation's content are kept.

7. Security.
AT&T has implemented technology and security features and strict policy guidelines to safeguard the privacy of your video relay calls and any customer identifiable information from unauthorized access or improper use, and AT&T will continue to enhance our security procedures as new technology becomes available.

8. Fraudulent Use.
You will not use the Services for any unlawful, abusive, or fraudulent purposes, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Services not offered in this trial. If AT&T has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, AT&T can immediately suspend, restrict, or cancel the Services without advance notice.

9. Indemnification:
YOU AGREE THAT AT&T SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE AT&T FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS PROVIDED THAT SUCH CLAIMS ARE BASED ON AT&T'S WILLFUL MISCONDUCT. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

10. Limitations of Liability:
NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF ANY, FOR WILLFUL OR INTENTIONAL MISCONDUCT.

IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, AT&T WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, AT&T WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF AT&T's WILLFUL OR INTENTIONAL MISCONDUCT, AT&T WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, OR FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES ARE FORESEEABLE OR ARE TOLD THEY ARE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION), IT IS BASED.

AT&T WILL NOT BE LIABLE FOR ANY DAMAGES - AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD - IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF AT&T SERVICES OR WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

11. Warranties.
EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, AT&T MAKES NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AT&T ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. AT&T DOES NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, AT&T EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON AT&T'S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

12. Dispute Resolution:
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.

a. Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section 13. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.

The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000, except as modified herein. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND AT&T BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

b. Arbitration Information and Filing Procedures. Before you take a dispute to arbitration or to small claims court, you must first write to us at AT&T, P.O. Box 944078, Maitland, Florida 32794 4078, and give us an opportunity to resolve the dispute. Similarly, before AT&T takes a dispute to arbitration, AT&T must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or AT&T is notified by the other of a dispute, then either party may contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org, or by contacting us at AT&T, P.O. Box 944078, Maitland, Florida 32794-4078. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying AT&T within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.

ANY CLAIM OR DISPUTE ARISING OUT OF THIS SERVICE OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.

c. Fees and Expenses of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for a document arbitration will be allocated according to the AAA's Rules, except as stated herein, for claims of less than $10,000, you will only be obligated to pay a filing fee of $20 and AT&T will pay all of the AAA's other costs and fees. For claims between $10,000 and $75,000, you will pay a fee to the AAA of no more than $375, and AT&T will pay all of the AAA's other costs and fees. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. If you request such an alternative process, or for claims of $10,000 or greater, AT&T will also consider, upon receiving your request and on a case-by-case basis, paying some or all of the AAA's fees and expenses that you would otherwise be allocated under the AAA's rules. You also may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA's rules and policies is available at the AAA's website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If AT&T prevails before the arbitrator, and if AT&T shows that you acted in bad faith in bringing your claim, then AT&T may seek to recover the AAA's fees and expenses of the arbitrator from you.

13. Miscellaneous:

a. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

b. Acts Beyond Our Control. Neither you nor AT&T will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.

c. Assignment. AT&T can assign all or part of our rights or duties under this Agreement without notifying you. If AT&T do that, AT&T have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.

d. Notices. Notices from you to AT&T must be provided as specified in this Agreement. Notice from you to AT&T made by calling AT&T is effective as of the date that our records show that AT&T received your call. AT&T notice to you, to the extent applicable, may be by posting on our web site, newspaper ad, postcard, letter, call to your billed telephone number, revision to these terms and conditions or an email to an address provided to you.

e. Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

f. Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its choice of law rules, except that the arbitration provisions in Section 13 will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

g. Entire Agreement. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section 15 below. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor AT&T is relying on any representations or statements by the other party or any other person that are not included in this Agreement.

14. Changes to This Agreement.

This Agreement may only be changed in the manner provided here.

AT&T may change this Agreement from time to time. If AT&T makes any changes to the prices or charges, AT&T will post them on the web page for the terms and conditions for AT&T Video Relay Services. Posting on the web page satisfies any applicable notice requirements.

IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES.