THE SIX POWER PRINCIPLES FOR INCREASED SALES AND LISTINGSPRINCIPLE #1: Build Your Sphere Of Influence For The Future

PRINCIPLE #2: The Premise Of Why Powerline Generates 500-700% More ResponseUncovering qualified prospects that traditional ads miss

PRINCIPLE #3: Using Targeted Direct Marketing To Convert Suspects To ProspectsA Real Turnkey Solution: Powerline Assistant Services

PRINCIPLE #4: Exploit The “Herd” Mindset To Win 90% Of Your Listings Our $40,000,000 Producers Verbatim Listing Presentation

PRINCIPLE #5: Eliminate Wasted Marketing Expenses By At Least 50%

PRINCIPLE #6: Possess A Unique Ability To Negotiate Price Reductions When Needed

DEMONSTRATION

OUR GUARANTEE: EVERYBODY DESERVES A DEAL FOR ACTING QUICKLY

YOUR ARCH REPRESENTATIVE

POWERLINE™ ORDER FORM

ADDITIONAL PRODUCT DESCRIPTIONS

TERMS AND CONDITIONS

The Powerline™ Marketing Report

800.882.9155www.archtelecom.com

PRINCIPLE #1: BUILD YOUR SPHERE OF INFLUENCE FOR THE FUTURE

You can’t buy a sphere of influence. You can establish your influence by mastering cold lead generation.

It is widely agreed upon that the most cost efficient lead, the lead with the highest probability to close, is the referral. However, you cannot establish or grow your business based upon referrals until you have enough existing clients under your influence to forward you a sufficient number of referrals to thrive.

THE REFERRAL BASED MODEL

It seems so straight-forward, yet over fifty five percent of new agents quit real estate within two years of getting their license1. That’s unbelievable turnover, and it’s mostly due to opportunity management.

Most agents that fail spend too much time running around chasing the day-to-day “busy-ness”, believing that they are being productive, when they are actually performing non-dollar producing activities. Things like stuffing brochure boxes, spending money on untested marketing initiatives or fulfilling marketing information to anonymous prospects.

Every elite 9% Powerline™ agent will tell you that if you can consistently achieve the first step: create a steady stream of new leads; you’ll virtually guarantee your success in real estate. With Powerline™, creating a steady stream of new leads to sell to is simple, and enables you to focus all of your time on dollar-producing tasks such as managing relationships, listing and closing.

“By following the models and marketing strategies outlined in the Powerline™ manual, I tripled my business. I took in so much business I needed a new licensed assistant to help me.”

-Jane Radojits, RE/MAX Excel, Cincinnati, OH

PRINCIPLE #2: THE PREMISE OF WHY POWERLINE GENERATES 500-700% MORE RESPONSE

How Powerline Will Increase Your Listing Inventory Over 30%!

With Powerline™ when you present a marketing offer to your prospects you “invite” the prospect to call you “pressure free”, on a “24 hour-information line” to hear a talking ad. Powerline™ destroys the natural hesitations that prohibit many prospects from calling you. The prospect receives excellent service from you. They get the information they want, when they want it. You set yourself apart from your competitors while subtly introducing yourself to the prospect. But most importantly:

You’ve maintained accountability of the lead because you’ve captured their phone number, name, address and the marketing that caused them to respond, and it can be delivered directly to you within twenty seconds of the call!

The Six Power Principles For Increased Sales and Listings That Will Make And Save You More Money

Drip market to this established sphere of influence using Powerline™

voice and mail responders

Use cold front-end lead generation such as Powerline™ to create a

steady stream of new leads

Step 1: Establish a steady and consistent stream of leads from the cold universe of prospects. Step 2: Implement a system to market to your new leads (your sphere of influence) Step 3: Use your sales skills to convert prospects to clients Step 4: Your business will grow dynamically and thrive on the referrals

Convert prospects to clients

1

2

3

4Establish brand and create a referral-based business

STEP 1: ESTABLISH A STEADY AND CONSISTENT STREAM OF LEADS FROM THE COLD UNIVERSE OF PROSPECTS.

STEP 2: IMPLEMENT A SYSTEM TO MARKET TO YOUR NEW LEADS (YOUR SPHERE OF INFLUENCE).

STEP 3: USE YOUR SALES SKILLS TO CONVERT PROSPECTS TO CLIENTS.

STEP 4: YOUR BUSINESS WILL GROW DYNAMICALLY AND THRIVE ON YOUR INFLUENCE.

1 Cleveland State University Case Study, Dr. James Webb, 1999

Traditionally, an agent will place a yard sign with a brochure box in the front yard of a new listing. Then, in a few days the agent will receive a call from the seller notifying them that all the flyers are gone. The agent has to stop what they’re doing, go to the copy shop and print more flyers. Yet, the agent can’t attribute any leads from all those missing flyers.

Imagine a potential buyer picking up one of your flyers, reading it and then deciding they were not interested in the property. What do they do? They would throw the flyer away and move on. You’ve missed that lead.

With Powerline™ you’ll never print another flyer again and you’ll always know the phone number of the prospect who took the “virtual flyer”. You simply replace the brochure box with this Powerline™ rider:

Powerline™ does not disqualify a potential buyer the way a flyer would because the buyer has to call your toll-free number to hear the description of the home; and once they’ve called you’ve captured the lead..

Don’t Compete–Eliminate Your Competition To Generate 30% More New Listings!

Of the six million homebuyers in 2000, sixty-six percent looked at an average of twenty homes before they decide to contact an agent2? Of that 66%, just over forty percent also had a home to sell!

Another survey concluded that the first proactive action a potential homebuyer did was scout out a desirable neighborhood3. So we can conclude that almost seven out of ten home buyers drive around the desired neighborhood they would like to move into before they contact an agent!

The Powerline™ system has a unique ability to uncover these prospects that are “scouting”. It identifies them prior to your competition even knowing they are hot prospect. Additionally, since over 40% of these prospects will have a home to SELL, by identifying them in the early stages of the process you’ll increase your listing inventory exponentially… by at least 30%!

“I’ve tripled my income since I’ve started using Powerline™. It’s the best tool I use.”

-Penny McLaughlin, RE/MAX, Bainbridge, WA

PRINCIPLE #3: USING TARGETED DIRECT MARKETING TO CONVERT SUSPECTS TO PROSPECTS

(Powerline™ quickly builds a responsive sphere of influence database)

The reason most agents go broke sending out direct marketing is that they are marketing to a cold target. They have purchased lists or culled data from a third party source. Their response is so low, that the cost they spend to market to this cold market eats up all their profits from any sales it may generate.

Don’t spend valuable money marketing to cold prospects when you can market to a responsive target; a list of people who are ready to buy and sell real estate… a list of people who have called your Powerline™ system.

Converting Suspects To Prospects And Prospects To CLIENTS!

With Powerline™ you’ll only generate a list of prospects that have raised their hands and identified themselves as INTERESTED and READY to buy or sell real estate. Your costs are much less since the data is better qualified and your response is far greater.

In fact, Powerline™ is so effective at generating leads, that some of our clients find it challenging to keep up with the new opportunities. With the Powerline™ Assistant Services, those leads won’t be wasted.

The Powerline™ Assistant Services provide you with a call coordinator, a live operator that will call each of your leads as they come in seven days a week. The call coordinator will identify themselves as your assistant and then qualify the lead by documenting prospect motivation, needs and desires. The call coordinator will uncover if there’s a new listing opportunity and ask for a referral.

Additional Assistant services will enable you to send a direct mail piece to your sphere of influence; or select a group of data from your Powerline™ database. You can even send these leads a recorded voice message, using voice broadcast an additional feature of the Powerline™ system.

The Six Power Principles

2 Homestore.com Survey 20003 SaveRealMoney.com tips for home purchasing

“In November of ’03, I closed two deals with prospects that called me from the Powerline™ automatic mail program. That’s over $9,000 dollars in commissions from two bucks in Powerline™ charges!”

-Brian Fahey, ERA Capitol Area Real Estate, Austin, TX

PRINCIPLE #4: EXPLOIT THE “HERD” MINDSET TO WIN 90% OF YOUR LISTINGS

Appreciate why the average agent is destined to earn an unfair share of the pool of available commissions and how you can exploit their “herd” mindset to win 90% of your competitive listings.

Have you ever gone into a competitive listing appointment and felt you had a significant and sincere advantage? Just absolutely knew you were going to win it?

With Powerline™ you possess a strategic advantage that will help you win nine out of ten competitive listing appointments!

What’s In It For Me?

In a competitive listing appointment, sellers don’t care about your past accomplishments. The “herd mindset” that proliferates through real estate, that has every agent beating their chest over their past accomplishments, falls on deaf ears.

Sellers don’t care if you were or are the #1 agent in your office. Sellers don’t care how many millions of dollars of real estate you have sold. It’s all white noise to them.

What they care about is “what’s in it for me?” What they care about is how you intend on selling their home at the highest possible price in the shortest period of time. Period.

Your chance to answer that question is in the listing appointment. The listing appointment is a sales call; you’re selling yourself, your company and your marketing plan. You need to address in your marketing plan why your approach will sell their home for the highest possible price in the shortest period of time; you need to address prospect ACCESSIBILITY to their listing. The more buyers that see their property, the better the chance of obtaining the highest possible price. Then you need to do something to emotionally excite that seller on YOU and close on that excitement.

Listing Appointments Are Closed On Emotion – Justified On Logic

Generating emotion is often referred to as the “WOW” factor. Basically, you better do something in your listing presentation that makes the seller go “WOW.”

The Powerline™ system will empower you with a unique selling proposition that “WOW”s your sellers but also gives you the justification to logically convey to the seller why you’ll give their home greater accessibility to the buying public so that you can sell their home for the highest possible price in the shortest period of time..

The Powerline Ultimate Listing Presentation

Prior to going to the listing appointment, you should prepare by getting all the information about the seller’s home you possibly can. Then draft a script describing the features and benefits of the home. If you know the sellers’ desires, focus on those points. Remember you are selling the sellers to use your services; you aren’t selling the home. Next you call your Powerline™ number and record a description of the property on one of your available listing extensions.

During the listing appointment, when you reach the marketing portion of your presentation you can start to explain this exciting new technology that you’ll be using to help sell the prospect’s home.

Our $40,000,000 Producer’s Listing Presentation

This is a remarkable new technology that enables me to record an advertisement of your property. Potential buyers will be able to call my 800 number anytime, 24 hours a day and listen to the advertisement about your property.

I’ll advertise the 800 number on your yard sign and in all the ads I run. Prospective buyers will see my message directing them to call anytime 24 hours a day to hear a recorded message describing your property.

The Six Power Principles

What’s so unique about this program is that it doesn’t matter when the prospective buyer sees the ad. I welcome calls 24 hours a day! Imagine a prospect that works non-traditional hours and is looking through a homes magazine at 2 o’clock in the morning. He can call and get information right then while his interest is peaked! Because this is a recorded service, it eliminates intimidation. The prospect does not have to speak with a live sales person immediately; therefore at least three to four times as many people will call!

But what’s so powerful about this system is that when that person calls in and listens to the recording of your property my system records the name, address and phone number automatically (whether the name is left or not). This way I can follow-up on every call... I never miss a single call, ever!

The system will record the call on a call report just like this one. (Show the prospective seller a sample call report or, for greater impact, a three-ring binder of many sample call reports.) At this point I’ll follow up to see if the caller is interested in seeing your home. Let me show you how it works.

Now you have him pick up the phone and dial your 800 number... DON’T TELL HIM IT’S THEIR PROPERTY! As he is listening to the greeting, tell him to enter the extension (property code) you have assigned to the recording of their property!

About 20-30 seconds later your pager will be going off with his phone number on it! Turn your pager around and show it to your sellers. You’ve just solidified in their minds how you capture every single call! The graphic representation of the pager creates emotion. People make decisions based upon emotion. Close on that emotion!

Isn’t this impressive technology! Within minutes I can be on the phone with your prospective buyers getting them excited about your property.

Now, that description may not completely describe your home but you can see the concept. It’s such an exciting technology. With this system, I can provide buying information 24 hours a day to your prospective buyers and they get it immediately, not the 3-4 days it will take through the mail. I will be catching them when their interest is at a peak This is very important because, and it’s happened to me many times, in that 3-4 day wait for a brochure to arrive by mail, I’ve had buyers see another property and buy it! With this system I can give them information immediately and follow up while they’re ‘hot.’

“We close 90% of our listings using the Powerline™ listing tool.”

-Linda McKissack, McKissack Real Estate, Denton, TX

PRINCIPLE #5: ELIMINATE WASTED MARKETING EXPENSES BY AT LEAST 50%

Top 9% agents will save over $22,000 per year!

Do you use yard signs? Do you use print marketing such as newspaper, magazines or websites? Can you track the response you receive from these marketing mediums accurately and automatically? By accurately, we are suggesting to you that asking your prospects how they “heard about you” is NOT an accurate methodology. By automatically we mean do you have the ability to request a report that states in black and white exactly how many leads each ad medium is generating?

If you don’t have an accurate and automatic methodology for tracking your marketing campaigns, then how can you possibly know what works and what does not? How would you know if you need to adjust, or if the medium is simply ineffective?

Claude Hopkins is widely recognized as one of the fathers of modern advertising. He invented the coupon, established the principles of database generation and target marketing and transformed many consumer products such as Palmolive soap, Goodyear tires and Quaker oats into household brands.

Claude’s advertising principles were built on one simple mantra: Test, Track and Adjust. Claude believed, and accurately so, that you cannot predict the response of any marketing campaign. You can only test your theory, then adjust based upon an ability to track the response. Therefore it’s imperative that you know which ads pull response and which don’t.

With the Powerline™ system you will possess the ability to request an on-demand report (or you can set it up to be automatically delivered to you) that details each of your ad mediums and exactly how many calls each ad medium produced.

The Six Power Principles

With this ability you can test and adjust all of your marketing mediums. For example; let’s say your marketing campaign looks like this:

Ad Medium Monthly Cost Results Transactions

Newspaper $600 23 leads 2Yard Sign $50 20 leads 1

Influence Mailer $450 4 leads 2Cold Mail $150 12 leads 1Billboard $500 5 leads 0

Seeing the above, you now immediately know that you are not receiving any results on your Billboard ads. You could adjust your placements, your headlines and talk to the suppliers about rates. If you simply cut it out all together you would immediately save 40% on your marketing budget without losing one red cent in production.

You now possess the ability to know where to begin, where to adjust, what marketing media to focus on. Without this knowledge you simply don’t know; you are “flying blind.”

“The Powerline™ service is worth its weight in gold simply on its ability to track your ads.”

-Ralph Roberts, Ralph Roberts Real Estate, Warren, MI

PRINCIPLE #6: POSSESS A UNIQUE ABILITY TO NEGOTIATE PRICE REDUCTIONS WHEN NEEDED

Protect your investment and have the seller agree instantly!

All agents have one, you probably have one right now. That’s a listing that you know isn’t going to sell because you agreed to list it over the market. The seller won’t reduce it and you are seemingly left with only two choices:

1. You can continue to fund marketing dollars into this “black hole” and hope for a miracle.

2. You can wait until your listing agreement expires, walk away and lose all your time, money and effort you put into the listing.

With Powerline™ a third option becomes available:

You professionally lead the seller to the realization that their listing is not priced competitively by sharing with them concrete, irrefutable proof that the market has designated this property as too expensive. You then have the power to either negotiate a reduced selling price or increase the value of the property to meet its sales price.

Concrete, irrefutable proof becomes available in the form of your Powerline™ leads history.

BY REQUESTING A CALL DETAIL BY PROPERTY YOU CAN SHOW THE SELLER THAT YOUR MARKETING IS WORKING, BUT THE MARKET HAS SPOKEN AND IS SAYING THIS PROPERTY IS NOT PRICED RIGHT.

The Six Power Principles

Click on IMAGE to EXPAND

The Six Power Principles

When you meet with your seller, request a call detail report by their specific property. Then you can show them in black and white, exactly how many leads your marketing has produced. You can reiterate your points by specifically conveying the result of each lead such as, “this prospect purchased here”, “this prospect is still looking”, etc.

Then you tell the seller, “Mr. Seller, the market has spoken. We’ve generated over 60 leads on your property in the past sixty days and we’ve received no offers. What the market is saying to us is that either we need to lower our price or increase our property value by adding new carpet, a new roof, etc. So which is it going to be Mr. Seller?”

“When you show them a report it just reinforces the validity of your opinion. It’s very difficult to argue with the black and white report. I just wouldn’t enter into a price reduction meeting without a Powerline™ call detail report.”

-David Raesz, Keller Williams, Austin, TX

DEMONSTRATION

To get a feel for how the Powerline™ works or to receive additional reports on Powerline™ optional services, please call (800) 390-6223 and enter the extension for the information you would like to receive.

To receive multiple reports just press “5” at anytime and enter the next code number, there is no need to hang up.6981 To hear a sample property listing recording6211 To receive a copy of the Ultimate Listing Presentation by fax-on-demand or mail6221 To receive a copy of the report “The Power Of Direct Response Marketing” by fax-on-demand6201 To receive a free sample of a direct response report that is included in your business building kit, “How to Guarantee

You’ll Sell Your Home For The Highest Possible Price” by fax-on-demand. 6021 To hear a recorded message on The Home Affordability Line. Press 3 at any time to receive the free report,

“A Laser Beam Guide To Consumer Direct Marketing”

Our Better Than Risk Free Guarantee For Your Success

Once you commit to implementing the Powerline™ system, we’ll make you a sincere guarantee.

• We guarantee to continue to explore and develop new technologies that will make you more money and save you time so your Powerline™ service always remains the most innovative system available to the real estate agent.

• We guarantee to consistently deliver access to proven marketing models so that you don’t have to “re-invent the wheel.” To accomplish this we employ the assistance of some of the most recognized and successful agents in North America who, with full compliance and authorization, allow you to possess their proven ad templates, scripts, methodologies and reports. Agents like Linda McKissack, Penny McLaughlin and Ron Campbell.

• We guarantee to keep you informed with the best and most responsive techniques and fundamentals of sales and marketing by giving you access to insights by professional trainers and ARCH strategic partners like Tom Ferry, Howard Brinton Star Power and Dan Kennedy.

• We guarantee that we’ll spend the necessary time to coach you one-on-one of how to use these templates and to teach you the premises of crafting compelling advertising that works for your market place.

• We guarantee that if for any reason you are not fully satisfied with your Powerline™ system, we’ll refund your setup fee.

Now that’s a guarantee worth putting our name on… and yours.

“I also want to thank you for all your support and help during the setup. You have been professional and helpful and I really appreciate it.”

-Barbara Kalina, RE/MAX Center, Suwanee, GA

We All Appreciate A Deal For Acting Quickly

If you activate your Powerline™ service within two weeks of receiving this report, we’ll give you a certificate you can redeem for $99… essentially eliminating your cost to setup service. Call your Arch Telecom sales representative for details.

Risk Free Guarantee

6 Kiplinger’s Personal Finance, June 20017 National Association Of Realtors Study

Click on IMAGE to EXPAND

800.882.9155www.archtelecom.com

Powerline™ Order Form

Arch Telecom Powerline Activation Form

(v090104pdf)

210 Barton Springs Rd, Suite 275 Phone: 800-882-9155 Austin, TX 78704 Fax: 800-882-0945

Customer information Name: Company:

Address1: Residence Business

Address2:

CityStZip:

Phone: Fax: Email:

Product SELECTION Quantity Setup Fee

Monthly Service fee

Monthly usage charges

Powerline - Individual 1 $99 $30 $0.22 per minute -na- Materials: -na- - $0 - - -na- - - - Options: Selection Option Prices Sign Riders Corrugated plastic - $75 or Metal - $105 (allow 2 weeks)

24 Inch Plastic

Set of 10 -

Name-Address Append - - $2 - Direct Mail Follow-up - - $10 $0.75 per mail piece Voice Message Follow-up - - $10 $0.22 per minute Fax Mail - - - $0.22 per min for receiving

Other:

TOTALS

Zero-transfer phone number: EXPRESS SETUP: By providing the phone# your mailbox will direct callers to, and the pager# to notify when callers access your system, we can pre-configure your mailbox for you. If you prefer text-messaging to pager, provide your cell# and carrier name.

Pager –or– cell # and carrier:

special instructions:

TERMS: 1. Payment of the one-time Setup Fee is required prior to activating this service. 2. Recurring charges, including Monthly Service Fee, Usage Charges, and taxes will be calculated monthly and automatically

charged to the credit card provided below. 3. Complete Terms and Conditions are provided as an attachment to this activation form.

payment information Credit Card #: Expire Date: Name on Card:

BY SIGNING THIS FORM, THE CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THE SERVICE AND AUTHORIZES ARCH TELECOM TO CHARGE THE CREDIT CARD PROVIDED ABOVE FOR THE ONE-TIME SETUP FEE AND MONTHLY FOR RECURRING CHARGES.

Authorized Signature: Date:

Rep AAA / MBC source account dnis other:

Additional Product Descriptions

Lead Generation1. Powerline – A toll-free number (800 or 888) combined with an Interactive Voice Response (IVR) system that is designed to provide the client with lead generation, marketing accountability and database management and fulfillment. The system provides the client with the ability to record information, capture and report the callers phone numbers, voice mail, fax-on-demand, paging and email features, web reporting and optional name and address append..a. Individual: A Powerline system with a single 800 or 888 for a single user with an unlimited number of extensions . b. Corporate: A Powerline system with a single 800 or 888 number, with “mailboxes” for five (5) individual users. Each mailbox has an unlimited number of listings available. Each user receives the setup package including the sample marketing scripts and strategies. For an additional cost, extra mailboxes may be added at any time.2. Realtor or Lender Package: A post-sales package or strategies, and sample scripts and reports from Top Producers in the real estate and lending business. These packages are designed to provide a quick and effective way to get started with the Powerline system. Each user receives a single package with their setup fee, additional packages are $25.3. Additional User/Mailbox: A mailbox added to an existing Powerline system to allow an additional person to use the system. Each additional mailbox is $99.4. Home Affordability Line: A survey designed to identify and generate first time homebuyers. The survey asks the caller a series of questions and provides the caller with approximately how much home they can afford based upon their responses to the survey questions. Survey can be stand-alone or combined with a Powerline system. 5. Refinance Line: A survey designed to identify and generate refinance opportunities. The survey is preconfigured to ask a series of questions that provides the caller with information regarding refinancing their mortgage. 6. Post Home Viewing Survey: Post Home View Survey: A survey designed to help you capture open house prospects while providing your seller valuable feedback on their property. The survey asks a series of standard questions that are answered by touch-tones and voice that gathers information on home location, physical condition, landscaping, design, asking price and a free form question. The prospects are incentivized to complete the survey by a drawing provided by Arch and all answers are transcribed and emailed to the client.7. Sign Riders: Ten (10) sign riders pre-printed with your 800 or 888 number and listing extension for attachment to yard signs. Signs are available in 18 inch or 24 inch sizes. The sign language is “24 HOUR INFO BY PHONE OR FAX” in red letters on a white background, with the toll-free number and listing extension pre-printed. Listing numbers are 2001 to 2091. By buying directly from Arch, customers save approximately $20 in cost, and eliminate the 3-4 weeks of normal delivery time.

Lead Management and Fulfillment 8. Name Address Append: For $0.07 per mail-able match, Arch will append the name and address matching the phone number captured by the Powerline service. This service returns a mailable match approximately 65% of the time. Certain numbers such as cell phone numbers, or business trunk lines, are less likely to be matched. There is no charge for numbers that cannot be matched completely.9. Direct Mail Follow-up: For customers using the Name Address Append, Arch will automatically first class mail a customized marketing piece to every mailable lead generated by your Powerline system. Customers can choose from pre-designed real-estate and lender post-cards or letters, or can provide a completely custom template to be mailed. The cost for this service is $0.75 per mailed piece.10. Voice Message Followup: Arch will call each lead generated by your Powerline system and deliver a customized pre-recorded message in your voice. This feature can be configured to deliver to live answers only, voice mail only, or both. The cost for this service is the per minute call charge of your Powerline system for delivering the message.

Additional Services/Features11. Fax Mail: Your toll-free number can be enhanced to function as a “fax machine” that receives faxes, and then delivers a graphic image of the fax to your email address. This service makes it easy to keep faxes private, keep them from getting lost, and easy to store for safekeeping. The cost for this service is the per minute call charge of your Powerline system for receiving the fax.12. Referral Program: For every client that is referred by an existing client Arch offers a $0.02 per minute reduction in the referee’s per minute rate to a minimum of $0.10. Arch will credit your account $50 for each referral after the minimum per minute rate is achieved.

Money Back Guarantee: Arch offers a thirty-day unconditional money back guarantee of the setup fee paid by the subscriber. The money-back guarantee is less any call charges owed by the customer.

Terms and Conditions

Service1. Any services assigned to you (including toll-free numbers, mailbox numbers, listing numbers) will remain the property of Arch. Any services transferred to Arch by you upon ordering service will be released by Arch upon full settlement of outstanding charges.2. Arch makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Arch reserves the right to change the Service or any of its features at any time with or without notice.

Fees, Charges and Money Back Guarantee3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 24. The usage charges will include calls made in the administration of your services. In a�you are responsible. 4. The money back guarantee, where offered (not available for Special offers), provides solely that the Setup Fee will be refunded within 30 days of ordering the Service if not satisfied. Refunds will be issued by check within 45 days of canceling the Service.5. The rates and prices provided in the Service Agreement are not expected to change. However, Arch may change rates or institute new fees at any time upon 30 days prior notice. 6. A service fee of $15.00 will be assessed to your account for each check that is returned to Arch for insufficient funds.7. Payments for all charges are due within 30 days of the month in which charges are incurred. If your account is delinquent, your account may be suspended or cancelled at Arch’s sole discretion. If your account is suspended, regular charges continue to accrue until you cancel your account. A late fee of $10.00 will be assessed to your account if payments are not received by the due date.8. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.9. If you believe Arch has billed you in error, you must contact Customer Service within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

Use of the Service10. You and your representatives are the only individuals who are authorized to administrate the Service. You must not permit anyone else to administrate your Service and must ensure that all authorized users comply with this Agreement. You are responsible for maintaining the confidentiality of passwords used for your account.11. You are responsible for all charges assessed as a result of the use of your account. However, Arch will not hold you responsible for charges attributable to an unauthorized user’s access to your account provided that you notify Arch within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable control over the confidentiality of the account or password.12. You will not use or permit others to use the Service through your account in any way that violates any law or regulation; subjects Arch to liability; or is in contravention with these Terms and Conditions.13. Monitoring the Service. Arch has no obligation to monitor the Service but may do so and may disclose information regarding your use of the service to satisfy laws, regulations or governmental requests. Arch, at it’s sole discretion, may suspend service or refuse to provide service where Arch finds the use to be in violation of this Agreement.14. You assume full responsibility and risk for use of the Service. The service is provided on an “AS IS” and “AS AVAILABLE” basis. Arch does not warrant that the Service will be uninterrupted or error-free. Arch makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Arch, it’s employees or affiliates shall create a warranty.

Your Remedies15. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.16. Under no circumstances shall Arch, it’s employees or affiliates be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any use of you account or the Service or your inability to use the Service.

17. Representation of Telemarketing Compliance – The Federal Telephone Consumer Protection Act of 1992, and all revisions thereto (“TCPA”) regulate the use of telecommunications for marketing products and services. The customer represents and warrants to Arch that any and all actions taken by the Customer pursuant to this Service Agreement shall be in compliance with the TCPA. Customer also represents and warrants to Arch that no material advertising the commercial availability or quality of any property, goods, or services shall be transmitted to any person without that person’s prior knowledge in violation of the TCPA.18. Indemnity. Customer agrees to protect, defend, hold harmless and indemnify Arch from and against any losses, claims, demands, or causes of action or judgements related to or arising out of this Service Agreement, that are brought or may be brought against Arch arising out of this Service Agreement, including but not limited to violations of the TCPA and any other federal or state telecommunications and/or telemarketing laws, even if such losses, claims, demands or causes of action or judgements are based on the sole, joint, or concurrent negligence or fault of Arch.

Term and Termination19. Term of the Agreement. This Agreement is effective from your acceptance thereof, which is indicated by your first use of the Service through your account. If you are a current Arch member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.20. You may terminate this Agreement by using only the methods outlined in the NOTICE section. Your termination will be complete upon receipt of a confirmation number from Arch. Your will receive verbal confirmation if you cancel by telephone, or a�receive your confirmation number. Arch does not issue pro-rata refunds for monthly service fees and charges.21. Arch may terminate this Agreement at any time without cause upon 30 days prior notice; or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to failure to pay any charges with 30 days of the due date.22. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.23. Arch’s right to enforce the provisions of this Agreement shall survive the termination of this Agreement.

Notices24. You may change or cancel your Arch account by the following methods only: first-class registered or certified mail, return receipt requested address to Arch Telecom, 210 Barton Springs Rd., Suite 275, Austin TX 78704; or telephone calls directed to Customer Service at 800-882-9155. Arch has no obligation, but may respond to notices delivered by facsimile or email to Arch.25. Arch may provide you notice with the following methods: Electronic mail addressed to your email account; general posting to Arch’s website at http://www.archtelecom.com; or by US Mail or courier service at the address you provided Arch when you ordered the Service. All notices shall be deemed effective on the first (1st) calendar day following the date of electronic posting or on the fourth (4th) calendar day following the date of sending by mail or courier.

Miscellaneous26. Arch’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.27. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Houston, Texas with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Arch. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause or action is barred.28. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or arising from, or touching upon in any way, no matter how remotely, the contract for services between you and Arch Telecom, Inc. and/or your use of and/or Arch’s provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of Texas. In such event, you acknowledge the right of the specified court to asset personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.29. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferred by you to any third party without Arch’s prior written consent.30. This Agreement and the Terms and Conditions constitute the entire agreement between you and Arch with respect to the Service.31. Arch reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be binding on Arch unless made in writing and signed by both parties.

Terms and Conditions

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