Advanced Stream Broadband Customer Service Agreement (“Agreement”) and Acceptable Use Policy (“AUP”).

Your use of Advanced Stream’s services means you (the customer) agree to the terms of this Agreement and AUP

Advanced Stream Reserves The Right To Update this Agreement and AUP and Change Pricing, Policies and Packages Anytime Without Further Notice.

Customer Agrees To Comply With the Current Agreement and AUP terms As Posted On Our Website www.advancedstream.com

Privacy Policy

Advanced Stream is an ISP providing valuable Internet access, products, and support services to its subscribers and other Internet users. Advanced Stream provides web surfers with applications, information, and links to make the Internet experience more productive and fun. Advanced Stream respects the privacy of every individual who uses Advanced Stream services. This Privacy Policy provides notice of the standards and terms under which Advanced Stream protects such privacy. This Privacy Policy provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.

Personally-Identifiable Information:

In providing services, Advanced Stream may collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number. In other instances, Advanced Stream collects anonymous demographic information that is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. Advanced Stream receives personal information from users of the Advanced Stream only when such information is provided voluntarily, such as when users login, register or enroll for services, send e-mail to us, post other communications, or provide credit card information for a purchase from Advanced Stream or a third party.

When you provide personally-identifiable information to Advanced Stream, it will be used to fulfill your specific request. Absent any instructions from you, Advanced Stream may use information you provide to inform you about additional services and products offered by Advanced Stream and other goods and services providers with whom Advanced Stream has relationships. Advanced Stream will not, however, sell or trade your personally identifiable information unless authorized or legally required to do so. Advanced Stream does not associate sensitive data, such as your race, religion, or political affiliations, with personally identifiable information. Advanced Stream takes precautions to segregate any sensitive data you may provide that reference your race, religion, sexual orientation, ethnicity, or political affiliations.

In those instances when you may provide Advanced Stream with credit card or other ordering information via the web, Advanced Stream protects and secures this information by employing commercially customary web-based security and encryption protocols, examples of which include Secure Socket Layer (SSL) and Secure Electronic Transaction (SET). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, Advanced Stream will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, Advanced Stream assumes no obligation to protect such information from disclosure.

Although Advanced Stream takes commercially reasonable steps to protect your information, please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through communications services, such as chats, communities, instant messaging, or other services provided by Advanced Stream or third parties, this information may be collected and used by others. Advanced Stream encourages you to review the privacy statements of websites you choose to view so that you understand how those websites collect, use and share your information. Advanced Stream is not responsible for the privacy statements or other content with respect to any third-party websites.

Generic Information:

In general, Advanced Stream gathers some generic information automatically. Generic information does NOT reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the parts of the Advanced Stream Sites/Services visited or utilized. Advanced Stream gathers this information for the limited purpose of determining customer service and website needs. We accomplish this by using certain technologies, including “cookies” (a technology that can be used to provide the visitor with tailored information about Advanced Stream services). Advanced Stream does not combine information collected in this way with any personally-identifiable information. You can set your browser to notify you when you receive a cookie and you can refuse it.

Advanced Stream Hosted Applications:

Advanced Stream websites contain links to sites that belong to third parties unrelated to Advanced Stream. Advanced Stream cannot protect any information you may disclose in these sites and recommends that you review the privacy policy statements of those sites you visit.

Exceptions and Limitations:

Notwithstanding the foregoing and in compliance with applicable laws, Advanced Stream cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Advanced Stream) or purported unlawful activities of any user of the Advanced Stream Site/Services. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Advanced Stream may be required to disclose personally identifiable information. In addition, Advanced Stream may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Advanced Stream; or (iii) to protect the rights or property of Advanced Stream or others. Advanced Stream reserves the right to sell or transfer your information (including , but not limited to name, address information, and other information you provided to Advanced Stream) to a third party that may purchase Advanced Stream’s operations or assets, provided such acquirer agrees to adhere to the terms and conditions of this Privacy Policy. Otherwise, Advanced Stream in no way sells any information to any outside or third- party vendor.

Advanced Stream may revise this AUP from time to time without prior notice by posting a new version at www.advancedstream.com. Revised versions of this AUP are effective immediately. Advanced Stream will use reasonable efforts to notify end-users and customers, however, all Users are subject to the terms and conditions of the AUP as revised from time to time whether or not any notice of revisions is provided. Users should visit this website regularly to ensure that their activities conform to the most current AUP.

There are no refunds on semi-annual or annual service prepayments regardless of level of service.

Advanced Stream’s ongoing management/and or support of the system (the Network), combined with the acceptable use practices in this Acceptable Use Policy (AUP), is intended to provide Advanced Stream’s customers and other users of Advanced Stream’s services (each a User) with a connection to the Internet, technical support and equipment warranty (the Services). By using the Network and the Services, the User agrees to be bound by this Agreement and AUP.

To protect Users who could be adversely affected through another User’s abuse of these privileges, Advanced Stream has the right at any time and without prior notice to terminate, disable or block the Service of any User who contravenes the terms and conditions of this AUP. The Service to Users who are severe or repeat infringers of this AUP will be terminated immediately.

User Responsibilities

Each User is responsible for activities over the Internet service and is responsible for any use or misuse of the Service that violates the AUP by anyone else the User permits to access the Service.

1. Prohibited Uses and Activities

 The Acceptable Use Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Service by others, or impede Advanced Stream from providing the Service or operating its business. These prohibited uses and activities include, but are not limited to:

• Undertaking or accomplishing any unlawful activity.
• Possessing, producing, receiving, transporting or distributing child pornography.
• Posting, storing, sending, transmitting, or disseminating any information or material which is harassing, threatening or intimidating.
• Uploading, posting, publishing, transmitting, reproducing, or in any other way infringing copyrights of third parties.
• Transmitting unsolicited bulk or commercial messages commonly known as “spam.”
• Sending numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or sending very large messages or files that disrupt a server, account, newsgroup, or chat service.
• Initiating, perpetuating, or in any way participating in any pyramid or other illegal scheme.
• Participating in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity.
• Collecting responses from unsolicited bulk messages.
• Falsifying, altering or removing message headers.
• Falsifying references to Advanced Stream, by name or other identifier, in messages.
• Impersonating any person or entity, engaging in sender address falsification, forging anyone else’s digital or manual signature, or performing any other similar fraudulent activity (for example, “phishing.”) Phishing uses fraudulent email addresses that appear to be from a legitimate Internet address with a justifiable request or that link or direct to a fraudulent website in order to get personal information including passwords, bank accounts, credit card information in order to withdraw money from victim’s bank accounts.
• Violating the rules, regulations, or policies applicable to any network, service, computer database, or Website you access.
• Reselling the Services or otherwise making it available to anyone outside the premises of the User (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. Users that subscribe to residential Services may use the Service for personal and non-commercial use only and shall not use the residential Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit).
• Restricting, inhibiting or interfering with the ability of any person to access, use or enjoy the Internet, the Service or any equipment used to connect to the Service, or creating an unusually large burden on the Network, knowingly or unknowing, including without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horses or other harmful, limiting, destructive or debilitating feature.
• Operating a server in connection with the Services, including, but not limited to mail, news, file gopher, telnet, chat, Web, or host configuration services, multimedia streamers or multi-user interactive forums unless so allowed in selected Service.
• Interfering with computer networking, communications or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.
• Disrupting any network services or transmission of data or otherwise restricting, inhibiting, disrupting or impeding Advanced Stream’s ability to monitor or deliver the Services.
• Engaging in excessive usage of the Service as defined in the Bandwidth and Network Management Policy.

II.           Inappropriate Content

There may be content on the Internet or otherwise available through the Service that may be offensive to some individuals, or which may not be in compliance with applicable laws or regulations. Advanced Stream does not assume responsibility for the content contained on the Internet or otherwise available through the Service. Users assume the risk of accessing content through the Service, and Advanced Stream shall not have any liability for any claims, losses, costs actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Adults should remain involved with and be aware of Internet usage by their children and may want to use a program capable of restricting access to inappropriate material.

III.        Copyright Infringement Complaints and Digital Millennium Copyright Act Requirements 

Advanced Stream requires all Users to comply with U.S. copyright and related laws. Accordingly, Users may not store any material or content on, disseminate or make available for dissemination any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Using the Service for the transmission or storage of copyright-protected material without the consent of the relevant rights holders may be an infringement under U.S. copyright law and could give rise to criminal and civil liability.

Advanced Stream does not assume any responsibility for material available, transmitted, stored or otherwise accessible through the Service. However, owners of copyrighted works who in good faith believe that material appearing on the Internet infringes their rights under U.S. copyright law and resides on the Service or is made available as part of the Service may report alleged infringements by sending Advanced Stream a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to the address listed below.

Upon receipt of a satisfactory notice, Advanced Stream will respond expeditiously to remove or disable the allegedly infringing work or disable access to it, and to notify the affected User of the Service of the removal or disabling of access.

A User who receives a notification of alleged infringement from Advanced Stream as described above, and believes in good faith that the alleged infringing works have been removed or blocked by mistake or misidentification, may send a counter-notification that complies with the DMCA to Advanced Stream at the address listed below.

Upon receipt of a satisfactory counter-notice, Advanced Stream will promptly provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. Consistent with the requirements of the U.S. Copyright Act, if the copyright owner does not bring a lawsuit in district court within 14 days, Advanced Stream will restore the material to its location on its network.

IV.         Violation of Agreement and AUP

Advanced Stream in its sole discretion, will determine what actions will be taken in response to a violation on a case-by-case basis. Advanced Stream may suspend, limit or terminate the Service of any User without notice if Advanced Stream determines that the User (or anyone accessing the User’s Service) has violated the Agreement or AUP. The Service of a User who engages in severe or repeat violations of this AUP will be terminated immediately. In addition, Advanced Stream may, if circumstances warrant (i) institute legal action; and/or (ii) cooperate with law enforcement authorities in bringing legal proceedings against violators.

Advanced Stream shall not be liable to User or to any third party for any damages, losses, costs or expenses of any nature caused by or arising out of the exercise of Advanced Stream’s rights under this AUP or any actions taken to enforce its terms, including but not limited to suspension or termination of the User’s Service.

Although Advanced Stream has no obligation to monitor the Services and/or the Network, Advanced Stream reserves the right to monitor bandwidth usage to operate the Service; to identify violations of the AUP; and/or to protect the Network and Users.

Violations of this AUP, notices pursuant to the DMCA, and any abuse of the Service may be reported to the following address: abuse@advancedstream.com

Advanced Stream may investigate suspected violations of this AUP, including the gathering of information from any Users involved or affected and the complaining party, if any, and examine material stored on servers and the Network.

Upon termination of the Service, Advanced Stream is authorized to delete any files, programs and data associated with the User’s account.

Advanced Stream’s Bandwidth and Network Management Policy 

Advanced Stream is designed for typical usage by typical residential and commercial users of broadband internet access services. Bandwidth is a limited, shared resource among Advanced Stream’s customers. Activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. By using the network and the service, the User agrees to be bound by this Policy.

Advanced Stream strives to provide Users the best experience when using the internet and may use tools and techniques to deliver the service, and ensure compliance with this Policy and the Acceptable Use Policy. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to User e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that Advanced Stream may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all Users.

Users must comply with the current bandwidth, data throughput, file storage and other limitations on the Service. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of Advanced Stream) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Advanced Stream’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.

Advanced Stream does not discriminate against or prevent Users of its service from sending and receiving the lawful content of their choice; running lawful applications and using lawful services of their choice; or connecting their choice of legal devices, provided that such applications and services do not harm the network or the provision of broadband Internet access service, facilitate theft of service, or harm other users of the service. Similarly, Advanced Stream does not impair or degrade particular content, applications, services or non-harmful devices so as to render them effectively unusable, subject to the policies and procedures outlined herein.

The use of certain network management tools and techniques to conserve bandwidth may cause some Users to notice slower Internet performance, such as longer download and upload times or slower responses while surfing the Internet or playing games. The effects of network management typically will be noticeable only for a brief period of time, if at all. The network management tools and techniques employed by Advanced Stream do not and will not target specific usages or applications (such as peer-to-peer) and instead focus in a content-neutral manner on bandwidth usage in real time, with the goal of providing reasonable and equitable access to the network for all similarly situated customers. In other words, to the extent that the use of network management practices may affect the performance or other characteristics of Internet service, they are designed to affect all similarly situated customers equally.

Excessive use means bandwidth or data usage that is significantly higher than typical usage for which our network is designed. Excessive Users consume so much data that their usage could negatively impact the Service provided to other customers. In order to ensure an optimized Internet experience for all Users, data guidelines have been assigned to all Internet services, and are subject to change

Internet usage above the designated package cap may incur incremental charges to the User.

Advanced Stream collects data on User traffic pattern usage through the use of traffic management software, and reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.

Residential services are designed for personal use of the Internet and do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with Advanced Stream’s residential services, nor may you provide network services to others via Advanced Stream’s residential services. Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums.

Commercial services are intended only for business and commercial, non-residential usages.

If Advanced Stream in its sole but reasonable discretion determines that User has exceeded the Excessive Use threshold or is using the Service in a manner significantly uncharacteristic of a typical User of the service to which User has subscribed (residential or commercial), Advanced Stream reserves the right to (a) adjust, suspend, limit or terminate Service at any time and without notice; or require the User to upgrade his service level or pay additional fees in accordance with Advanced Stream’s then-current, applicable rates and charges for such service; or (c) use any technology to be chosen by Advanced Stream at its sole discretion to limit the user’s service for purposes of conserving bandwidth.

If you have any concerns or questions regarding this AUP, please contact Advanced Stream.

In addition to the above terms and conditions; by using Advanced Stream Broadband Internet service you agree to the following terms, conditions, and policies: The service is provided to the customer as is, without warranty of any kind. The entire risk as to the results and performance of the service is assumed by the customer. Advanced Stream disclaims all warranties, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non- infringement.

Due to the nature of Internet service Advanced Stream Broadband cannot guarantee uptime, bandwidth speeds or throughput on services. Download and upload rates may vary based on many factors. No refunds will be given for downtime or system outages.

The customer is responsible for the following:

• End user is completely responsible for anything hooked up to the internet gateway including but not limited to network, software, and hardware.
• End user is responsible for security of their workstations including, but no limited to, virus protection, spyware protection, spam filtering, and firewalls.
• End user is responsible for the end user’s equipment and/or internal network. Any advice given, software installed, or work done to the end user’s equipment, workstation, or network by Advanced Stream’s staff, contractors, or recommended contractors is at risk of the end user with the end user understanding that Advanced Stream does not offer a warranty implied or otherwise.
• End user is completely responsible for security for any wireless equipment/products installed on their connection.
• Advanced Stream does not monitor or filter any Internet sites, nor does it offer any kind of adult or content screening. If content screening is desired, it is the responsibility of the end user to acquire such screening.
• The customer assumes total responsibility for all user’s on the customer’s Internet connection, whether or not known or unknown by the customer including those connected to the customer’s service via any wired or wireless connection.
• The customer is totally responsible for backing up of data whether that data is held internally by the customer’s equipment or hosted by Advanced Stream Broadband or any affiliations with Advanced Stream Broadband.
• Customer is responsible for all charges from Advanced Stream, including moves, data outlet moves, periods of quarantine, holds due to non-payments or past due amounts. The Customer fully understands and agrees that this is not a metered service, nor a pay for use service, monthly charges apply no matter if customer uses service, or is even connected to the service.
• The customer understands that Advanced Stream monthly payments are due on the first of the month, with the 2^nd being considered late. A late fee charge of $10.00 may be charged to the account. Our automated payment plans are initiated on the 1^st business day of every month, the customer is responsible for having sufficient funds at this time. Advanced Stream is not responsible for any overdraft charges, NSF fees, or any financial charges or burdens that may occur because of this practice. Advanced Stream in not responsible for sending monthly paper bills to customer, if the customer chooses to pay via another method the customer is solely responsible for getting the payment to Advanced Stream by the 1^st business day of every month.
• The customer is fully responsible for letting Advanced Stream know of discontinuance of service, by giving Advanced Stream a 30-day notice. Advanced Stream reserves the right to charge 30 days from cancellation notice. Customer will be assigned a disconnect number and will use this number when dealing with issues regarding disconnection.
• Customer is responsible to update account information before the first billing day of the month. Advanced Stream is not responsible for any financial burden due to account information not being updated before the first billing day of the month.
• If there is a service or billing issue the customer agrees to contact Advanced Stream immediately. If the customer does not contact Advanced Stream immediately the customer agrees to release Advanced Stream from any and all liability, financial or otherwise. In the case of a customer cancel where Advanced Stream continues to charge the customer after disconnection; Advanced Stream will only be responsible for one month’s service charge. In such cases the customer agrees to contact Advanced Stream no later than one month after disconnection.
• The customer also agrees to take full fiscal responsibility for their own accounts. Including having a backup strategy for those who make money or work via the Internet. Advanced Stream is at no time responsible for any loss of funds, opportunities, or data due to lack of service for any reason.
• If the customer allows Advanced Stream to automate monthly billing then the customer agrees that with convenience comes risk and does not hold Advanced Stream responsible for any errors that may happen.

Disclaimer of Liability for Damages. IN NO EVENT WILL Advanced Stream Broadband, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND  DEGRADATION  OF QUALITY  OR LOSS OF  CONTENT,  DATA  OR  INFORMATION.

NEITHER Advanced Stream Broadband NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS  OR  DEVICES  OR  ANY  OTHER  METHOD,  REGARDLESS  OF  WHETHER  SUCH DAMAGE OCCURS AS A RESULT OF Advanced Stream Broadband’s OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY Advanced Stream Broadband OR Advanced Stream Broadband’s AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

The customer understands that Advanced Stream does not maintain and is not responsible for any websites or email services that are not specifically associated with Advanced Stream.

Customer agrees not to tamper with, and takes full responsibility for any hired contractor who may tamper with, Advanced Stream lines, outlets, or equipment, owned or serviced by the Advanced Stream and agrees to pay $100 per incident, or the amount of the actual damages, whichever is greater.

Due to the ever-changing face of technology Advanced Stream cannot guarantee that the equipment and system provided by Advanced Stream will always work. It may be necessary for equipment to be upgrade and/or purchased by the customer in order to continue to get service. The customer releases Advanced Stream of all liability that may arise from this situation and agrees to upgrade equipment as deemed necessary by Advanced Stream.

All checks returned for NSF shall be charged a $25.00 fee.

The customer agrees to allow Advanced Stream to contact them via all provided methods of communications be that but not limited to Postal Mail, Email, Phone, Instant Messaging, SMS, or Social Media. Advanced Stream also reserves the right to automatically charge past due balances to any financial information that has been voluntarily given to Advanced Stream. Also see our Privacy Policy.

Advanced Stream Reserves The Right To Refuse Service To Anyone

Advanced Stream Does Not Guarantee 100% Uptime And Is Not Responsible For Any Monetary Loss Due To Use Of Our Service In Any Way.

Advanced Stream Reserves The Right To Change Pricing, Policies and Packages At Any time Without Notice.

This Agreement May Be Updated By Advanced Stream At Any Time, Without Further Notice, And Customer Agrees To Comply With The Current AUP As Posted On Our Website www.Advancedstream.com

If You Do Not Agree To Be Bound By These Terms, As Amended From Time To Time, You Should Immediately Stop Using The Services And Notify Advanced Stream That You Are Terminating Service.

Use of service our services is your consent to this Agreement and AUP

Data Cap: 10 TB

Overage Costs: None

Static IP: No

Router Information: Does not provide routers.

Contract Terms: The following terms and conditions shall apply to all customers subscribing to Beehive Broadband service:

This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing Beehive Broadband service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement. Beehive Broadband reserves the right to update this Agreement as necessary. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.

Governing Law and Venue: The laws of the State of Utah shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Tooele County, Utah.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

Payment Policies and Terms: Billing is completed at the beginning of each month; full payment is due upon receipt. A 7% (min.$5.00) late fee will be assessed on any balance remaining unpaid after 30 days. Accounts with an unpaid balance after thirty (30) days will be deemed delinquent. Delinquent accounts are subject to an interruption and suspension of service. Once an account has been suspended for nonpayment, it shall remain suspended until the account is paid in full. Accounts suspended for nonpayment are subject to a $50.00 reconnection fee upon reactivation of service. In the event a balance is not paid as agreed, the subscriber may be sent to a collection agency and agrees to pay collection fees equal to 40% of the unpaid balance and any court costs and attorney fees. A thirty-dollar ($30.00) fee will be added to an account balance in the event a payment is returned unpaid. If more than one payment is returned unpaid, we will only accept cash or certified funds as a method of payment.

Due to privacy laws, we will only provide account information to the registered account holder and authorized users.

Equipment and Scope of Work: All equipment, modems, routers, set-top boxes, ONT’s and standard mounting equipment will at all times remain the property of Beehive Broadband. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. If using any Beehive Broadband equipment, customer will be required to pay a $100 deposit OR provide the account owners social security number and birth date. If service is canceled, customer must return the equipment to BEEHIVE within 7 business days to avoid additional charges. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by Beehive Broadband in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Beehive Broadband to retrieve from Subscriber’s premises any equipment that is owned by Beehive Broadband. If Customer does not want to lease a router from Beehive Broadband then Customer is responsible for providing their own router to broadcast the signal throughout the home. Beehive recommends N or AC routers with 100M or Gig Network ports.

Due to the nature of the work for the Fiber-to-the-Home project, we require all underground lines to be marked before the start of any digging on premises, either by company or resident, whichever is applicable to the situation. To have this done, please call Blue Stakes. Beehive Broadband is not responsible for unmarked sprinkler lines or damages to those lines.

Additional Fees: In the event that special construction or additional equipment including but not limited to: longer cable, additional grounding, mast hardware or specialized antenna is required, an additional fee will be required for said equipment and any additional labor not included in the standard install. Additional labor is billed at $60.00/hr. Please note we will not perform foundation entrance due to the liability risk. If foundation entrance is required, the customer must complete the necessary foundation drilling prior to the date of scheduled install, or, at the request of the customer, we will complete the foundation entrance with the completion of a Release of Liability waiver. An additional $100.00 fee will be assessed to the account for this work.

Standard Maintenance: Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to Beehive Broadband’s network and backbone connectivity.

If your connection ceases to function properly but Beehive Broadband’s network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (9 am. – 4:30 pm., Monday – Friday.) If the problem is due to Subscriber negligence, or any of those items listed in the “Not Covered by Standard Maintenance” section, standard hourly rates apply.

Not Covered by Standard Maintenance: Maintenance, repair or replacement of parts damaged or lost through catast?ophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber, or causes external to the system, such as, but not limited to: failure of, or faulty electrical power, operator error, or malfunction of Subscriber’s computer and/or peripheral equipment not installed by Beehive Broadband, or from any cause related to or other than the intended and ordinary use.

Acceptable Use Policy: Beehive Broadband agrees to provide high-speed Internet to the Subscriber, subject to the following terms and conditions:

This service is for single-family residence or home-office use only. Internet sharing is allowed only within the boundaries of the residence. Allowing others to use this connection via wired, wireless (Wi-Fi or other technology) or by other means will result in immediate disconnection. Re-selling this service will result in immediate disconnection. However, businesses may set up a Wi-Fi hotspot with permission from Beehive Broadband, but this is only allowed on a case-by-case basis.

Using a personal account for high-volume or commercial use (i.e.., revenue generation, advertising, etc.) is prohibited. E-mail accounts exceeding the Subscriber’s allotted e-mail space may, at Beehive Broadband’s discretion, be transferred to a compressed temporary file for storage. Beehive Broadband may delete the temporary file from the server 60 days after notifying the Subscriber.

Abuse of Services: Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to their computational, information, or communication devices or resources of others is a violation of this Agreement. The use of Beehive Broadband’s services by Subscriber’s to modify, alter, reverse engineer, decompile disk or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter-router protocol by Subscriber is a violation of this Agreement. Any Subscriber deemed by Beehive Broadband to be in violation of this section is subject to immediate termination by Beehive Broadband. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.

Monitoring: Beehive Broadband has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Beehive Broadband, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its interests.

Disclaimer: Beehive Broadband assumes no responsibility for the content contained on the Internet or otherwise available through the network or from any source accessible via Beehive Broadband’s services. Beehive Broadband discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Beehive Broadband which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content.

Subscriber acknowledges to Beehive Broadband that its use of Beehive Broadband’s service to access information, content or other services is at its own risk.

Indemnification / Release: Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Beehive Broadband, its affiliates, sub-contractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of or termination of Beehive Broadband’s services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using Beehive Broadband’s service from any source or to any recipient. Subscriber further releases Beehive Broadband from any responsibility or liability related to the accuracy, quality or confidentiality of any information available by or through Beehive Broadband’s systems and/or the network. Subscriber’s release of Beehive Broadband includes any actions or inaction by Beehive Broadband which amounts to negligence.

Termination: Subscriber may terminate this Agreement by submitting a request for termination (e-mail, fax, U.S. Mail or via telephone) Requests received prior to close of business shall have a termination date of the next business day. Subscribers will be required to pay out the remaining balance of the contract period upon cancellation. This amount will be added to their final bill, and is due upon receipt.

Without prior notice, Beehive Broadband may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Beehive Broadband, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Beehive Broadband may provide termination notice to you via the e-mail address provided on the Subscriber account or by US Mail or courier service to the address you provided for the Services. Termination by Beehive Broadband for violation of Beehive Broadband’s Acceptable Use Policy shall be subject to the termination fees as described above.

Additional Clarifications, Terms and Conditions: User names, passwords and e-mail addresses are Beehive Broadband’s property and Beehive Broadband may alter or replace them at any time.

Beehive Broadband has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage. If service is interrupted more than an aggregate of 24 hours in any given month, term contracts may be canceled without penalty.

Beehive Broadband cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.

Subscriber understands that service will be interrupted from time to time for various reasons including maintenance, upgrades and power outages. There will be no warning for some of the outages.

Beehive Broadband Privacy Policy Highlights

To view our privacy policy in its entirety, please visit our website at www.beehivebroadband.com or contact Customer Service at (800) 615-8021.

This Privacy Policy describes how we collect, use, disclose, and store your personal information. As we may periodically update this Privacy Policy, you should review this Privacy Policy often for changes.

What Types of Information We Collect About You

We collect information from you in order to provide our products and services. Examples of the types of information we collect include:

• Personal Information: Personal information means information we directly associate with a specific person, for example your name, address or email address.

• Contact Information: We collect information about you for contact and billing purposes, including your name, address, phone number and email address.

• Credit and Financial Information: We collect information about your credit card or banking information, Social Security Number, and credit history so we can verify, process and bill for our products and services.

How Information About You Is Collected

We collect information about you in three primary ways:

• Information You Provide: We collect information that you provide when you apply for, purchase, or use our services or products, such as your personal contact and billing information, credit information, or other information you may provide to us.

• Information We Collect Automatically: We automatically collect a variety of information associated with your use of our websites when modifying or establishing account access, survey responses, and call monitoring when calling our customer service representatives.

• Information From Other Sources: We may obtain or purchase information about you from other sources, such as credit information before starting service, or updated address information from shippers.

How We Use Information We Collect About You

• We use your information to provide and bill for services and products, to verify your identity, and to send you offers for Beehive Broadband products and services. We also use information we collect to answer your questions about your account or assist you with troubleshooting.

• We may also use your information for internal purposes, such as auditing, data analysis, and research to improve our products, services, customer communications, and content.

When and How We Share Information Collected About You

• We do not sell your name, address or phone number to others outside the Beehive Broadband corporate family to market those companies’ products or services.

• With Account Holders: If your use of our products and services is in conjunction with an employer discount or multi-line account, your employer or the primary account holder may have access to your information.

• Transactions: We may provide your information to third-party service providers to process transactions or otherwise provide you service, such as billing companies or shipping services, or when roaming on another carrier’s network.

• Acquisitions: We may also transfer your information in a corporate business transaction, such as a merger or acquisition.

• For Legal Process and Protection: We will provide customer information where necessary to comply with the law, such as disclosure of your information to a law enforcement agency for your safety or the safety of others, or when compelled by subpoena or other legal process.

How We Store and Protect the Information Collected About You

• Protecting Your Information: We use a variety of safeguards to protect the information we collect about you.

• Retaining Your Information: We retain information collected about you for only as long as we need such information for business, legal, or tax purposes.

How You Can Update Your Information and Choose How We Contact You

• Access: You can help ensure that information we have about you is accurate, complete, and up-to-date by accessing your account at www.beehivebroadband.com, or by calling Customer Service at 800.615.8021.

Your Role in Protecting Your Privacy

You play an important role in protecting your information.

Privacy Policy Updates and Contact Information

• Policy Changes: We may change this Policy at any time.

• Notice: If we propose to use Personal Information in a materially different way, we will provide you with notice by posting notice of the changes on our website for at least 30 days before we implement those changes, and obtain your consent as specified above for any material change regarding disclosure of personal information.

• Check Back Often: You should review this Privacy Policy often for changes.

• Contact Us: If you have any questions or comments about this policy or about Beehive Broadband’s privacy practices, please send an e-mail message to support@beehivebroadband.com or call Customer Service at 1-800-615-8021. You may also direct your privacy-related comments or questions to the address below:

Beehive Broadband

2000 East Sunset Road

Lake Point, UT 84074

Services Summary

Data Cap: None

Static IP: Yes

Static IP Cost: Free

Router Information: VOIP Customers have the option to use their Telephone Adapter’s built in router for an additional rental fee of $5/month, but is not required.

Contract Terms: Contract term is month-to-month. 10gig service requires a 1 year contract. Customers who sign a 1 year contract for 250 Mbps or 1 Gbps service will receive a free month of service.  

Billing: Monthly services will be billed in advance at the beginning of each month. A brigham.net representative will contact you for your billing & payment information.

Terms and Conditions: brigham.net Terms

Privacy Policy: Brigham.net respects the privacy of its users and will not share or sell its customer information or browsing history in any form unless required by laws of Utah or the United States.

Data Cap: None

Static IP: Available for $6 per month

Router Information: Routers are available for rent or purchase by contacting brigham.net directly. Pricing varies depending on speed and number of connections needed.

Contract Terms:  CentraCom’s contract is on a month-to-month basis. Customer can sign a 1-year lease to get 1 month of free service by contacting CentraCom directly.

Data Cap: None

Static IP: Yes

Static IP Cost: $10 additional charge each month per IP Address.

Router Information: Free router with every sign-up or customer can use their own.

Contract Terms: ConnectFast’s contract is on a month-to-month basis. Full terms and conditions can be located here: www.connectfast.net/terms-of-use

Data Cap: None

Static IP: Yes

Static IP Cost: 30=$15 | 29=$20

Router Information: Does not provide routers.

Contract Terms: Fibernet’s contract is for a period of 1 year.

Billing:  CUSTOMER shall pay all fees according to the period and pricing model specified above. For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.

Terms and Conditions:  This document defines a SERVICES AGREEMENT or contract between FIBERNET CORP., a Utah C Corporation, a wholly owned subsidary of Fibernet Corporation, at 1155 S. 800 E., Orem, UT 84097, USA, 800-305-6995 (hereinafter referred to as “Fibernet”), and the entity using or purchasing services provided by Fibernet, herein after referred to as CUSTOMER for the indicated services and is subject to the following Terms and Conditions.

SERVICES. Fibernet shall provide CUSTOMER with the services indicated on this Services Agreement in consideration for CUSTOMER’s “PAYMENT OF FEES.”

SERVICE FEES, INSTALLATION FEES and SET-UP FEES. SERVICE FEES, INSTALLATION and SET-UP FEES are paid in consideration for the CUSTOMER’s use of Fibernet’s Services indicated and do not include any unspecified services.

EFFECTIVE DATE. The EFFECTIVE DATE of this Services Agreement shall be deemed the latter of the following: (a) the date Fibernet substantially completes the set-up, activation, or creation of the CUSTOMER’s service, or (b) the date the service is ordered.  The date the CUSTOMER first utilizes the service, the date the CUSTOMER signs this Services Agreement, or whether or not the CUSTOMER ever uses the service shall have no bearing or effect on the EFFECTIVE DATE.

TERM. The TERM of the AGREEMENT is defined above plus any partial calendar month and commences as of the EFFECTIVE DATE. If no TERM is specified, then the contract will be considered to have a month-to-month TERM plus any partial calendar month. If no NOTICE of cancellation is given, upon the fulfillment of a TERM, the Agreement will automatically renew with either a month-to-month TERM if the SERVICE FEES are paid monthly, a three month TERM if the SERVICE FEES are paid quarterly, a six month TERM if the SERVICE FEES are paid semi-annually, or a twelve month TERM if the SERVICE FEES are paid annually.

BILLING PERIOD. CUSTOMER shall pay all fees according to the period and pricing model specified above. For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.

PAYMENT OF FEES. CUSTOMER agrees to pay all INSTALLATION and SET-UP FEES to Fibernet. CUSTOMER shall pay all SERVICE FEES to Fibernet in advance of the BILLING PERIOD on or before the first day of each BILLING PERIOD, before the close of business, during the TERM. All payments received after the first are subject to finance charges and administration fees and accounts may be, at Fibernet’s sole discretion, inactivated until payment is received. CUSTOMER authorizes Fibernet to receive payments via the indicated monthly payment mode including without limitation the charging of the CUSTOMER’s credit card or other electronic means.

CHANGE / INTERRUPTION / SUSPENSION / TERMINATION OF SERVICES. You are liable for all unpaid amounts due on your account, even if your Services are terminated or cancelled partway through a billing cycle. Fibernet may charge you interest on unpaid balances at the rate of 1.5% per month or the maximum rate allowed by law. Fibernet may use a third-party service to collect unpaid amounts and may charge you attorneys, collection, or other reasonable fees incurred to collect unpaid balances. (a) Following the completion of the TERM, CUSTOMER may terminate this Service Agreement without penalty, upon providing Fibernet with a 30-day written NOTICE of termination.  (b)  Fibernet may interrupt, suspend, or terminate CUSTOMER’s Services if CUSTOMER breaches any term or condition of this Services Agreement.  Fibernet will provide at least 5-day NOTICE of its intent to interrupt, suspend, or terminate CUSTOMER’s Services unless by cause of force-majore or Fibernet believes, at Fibernet’s sole discretion, such action must be taken sooner to prevent damage to Fibernet, its other customers, or affiliates.

COROLLARY SERVICES. Unless specifically written-in hereunder as a “SPECIAL TERMS/CONDITIONS/NOTES,” corollary services such as technical support services, training services, and marketing services are not included in this Services Agreement. These corollary services may be provided by Fibernet to its CUSTOMER under contracts and for fees separate from this Services Agreement.

LISTS / UNSOLICITED ELECTRONIC MAIL. Use of email lists for unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Fibernet reserves the right to deactivate the CUSTOMER’s account(s) upon an indication of such activity. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any claim resulting from the CUSTOMER’s or another party’s use of electronic mail service(s) on the CUSTOMER’s account(s).

INTERNET PRIVACY & CONFIDENTIALITY. CUSTOMER agrees to take whatever electronic or physical security measures necessary in order to preserve the sensitivity or confidentiality of information submitted via the Internet, stored within Fibernet facilities or accessible to services provided by Fibernet .

ILLEGAL / UNETHICAL / PORNOGRAPHIC USE. CUSTOMER shall use Fibernet ‘s Internet Services and the Internet in a manner wholly consistent with all applicable governing laws, rules, and regulations. CUSTOMER hereby agrees that the CUSTOMER’s use of Fibernet ‘s Internet Services will not promote, send, view, or store: pornography; obscenity; nudity; violations of privacy, copyrights, trademarks, and property; computer viruses; or anything harassing and harmful. Fibernet reserves the right to deactivate or delete without notice any Internet Services in violation of this paragraph. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any liability resulting from the CUSTOMER’s use or abuse of Fibernet ‘s Internet Services.

FIREWALL, SECURITY, FILTERING. CUSTOMER acknowledges that, unless specified, Fibernet does not include, provide, maintain or otherwise deliver any security device or service with this product or service including, but not limited to: Firewalls, Security Appliances, Intrusion Detection Device, Intrusion Prevention Devices, and any Network Filtering Device.

BACKUPS. CUSTOMER acknowledges that , unless specified, Fibernet does not include, provide, maintain, or otherwise deliver any backup of CUSTOMER data stored on Fibernet products and services.  CUSTOMER is solely responsible for backing up, copying or otherwise storing any data CUSTOMER deems of value.

DISPUTE RESOLUTION. In the event it becomes necessary, to pursue collections, to refer any dispute to an attorney, or to resolve a dispute in a court of law, the prevailing party will be entitled to an award of any and all collections fees, reasonable attorney’s fees and costs associated with any action regardless of whether or not a suit shall actually be filed. Customer agrees to pursue legal action only in Utah County, Utah, USA.

NOTICES. All notices to Fibernet must be given in writing.  Please refer to the Fibernet website (http://www.fiber.net) for additional information regarding billing and support issues. Notices regarding this SERVICES AGREEMENT should be directed to:

FIBERNET CORP., a Utah C Corporation

1155 S. 800 E.Orem, UT 84097  USA

FAX 801-223-9937

SPECIAL TERMS AND CONDITIONS. In addition to the terms and conditions already stated in this Services Agreement Fibernet and CUSTOMER incorporate herein the following special term(s) and/or condition(s): see attached ‘Special Terms and Conditions.’

RESIDENTIAL UTOPIA SERVICE.   The SERVICE is delivered over the UTOPIA network and subject to the following special terms and conditions.  Upon expiration of the TERM or if the TERM is considered month-to-month, SERVICE FEEs are subject to change, without notice.  Installation and Set-up charges are dependent upon the cost of set-up and installation by both UTOPIA and Fibernet. UTOPIA’s installation charges are estimated at the time of AGREEMENT execution and are subject to change. CUSTOMER may approve said change or terminate this AGREEMENT immediately upon the notice (including verbal notice) of change to said charges.  Additional charges not estimated at the time of this AGREEMENT may apply for inside wiring, missed appointments, bandwidth overage fees, and other issues.  Service includes a specifed quantity of gigabytes (GB) of data transfer per month as measured by Fibernet systems.   Additional GB of data transfer shall be assessed an overage fee of $20.00 per additional 100 GB per month. If CUSTOMER exceeds the specified quantity of GB of data transfer in two consecutive months, Fibernet reserves the right to assess estimated overage fees in advance.  Fibernet will refund or adjust estimated overage fees as needed.  CUSTOMER agrees to pay for all additional charges when due.

TOTAL BYTES TRANSFERRED. Fibernet measures the total number of data Bytes (B) transferred per month. The upload and download data are measured simultaneously and are added together for a cumulative total of Bytes (B) transferred. If CUSTOMER’s monthly Bytes transferred exceeds the level for which CUSTOMER has agreed to, CUSTOMER authorizes Fibernet to bill and CUSTOMER agrees to pay according to the terms of this AGREEMENT.

ATTACHMENTS, AMMENDMENTS, and ACCEPTABLE USE POLICY (AUP). Fibernet and CUSTOMER are bound to attachments to this Internet Services Agreement. CUSTOMER acknowledges that Fibernet policies may change from time to time and CUSTOMER hereby agrees to abide by these changes and be liable for such changes as reported at https://www.fiber.net/support/acceptable-use-policy/ or in Fibernet’s AUP. The CUSTOMER’s continued use of Fibernet’s services after such changes shall constitute CUSTOMER’s acceptance of the modification to this Services Agreement.

THE INDIVIDUAL SIGNING THIS SERVICES AGREEMENT, ACKNOWLEDGES THAT HE/SHE IS AT LEAST EIGHTEEN YEARS OLD, HAS READ ALL PAGES OF AND ATTACHMENTS TO THIS AGREEMENT, UNDERSTANDS IT, AND, EITHER A) AGREES TO BE PERSONALLY BOUND BY ALL ITS TERMS AND CONDITIONS AS AN INDIVIDUAL OR B) AFFIRMS THAT HE/SHE HAS FULL POWER AND AUTHORITY TO REPRESENT AND OBLIGATE THE CUSTOMER IF IT IS A BUSINESS ENTITY. THE INDIVIDUAL OR SIGNOR FURTHER AGREES THAT THIS SERVICES AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE CUSTOMER AND Fibernet WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT AND ALL OTHER COMMUNICATIONS BETWEEN THE CUSTOMER AND Fibernet, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Data Cap: 2TB

Overage Costs: $0.20 per GB over

Static IP: Yes

Static IP Cost: Free

Router Information: Does not provide routers.

Contract Terms: This contract term is month-to-month.

Billing: Monthly services will be billed in advance at the beginning of each month. An InfoWest representative will contact you for your billing & payment information.

Terms and Conditions: http://infowest.com/about-us/terms-and-conditions/

Data Cap: 10 TB

Overage Costs: None.

Static IP: Yes

Static IP Cost: $5 additional charge each month

Router Information: Routers are available for lease by contacting InfoWest directly at an additional $10/month. Routers must be returned to the provider upon cancellation of services.

This user agreement (“Agreement”) is a legally binding agreement between you, an individual and Intellipop, LLC. This agreement sets forth the terms and conditions for the use by you and Intellipop Fiber Optic Internet Services (The “Service”). Intellipop Licenses the service to you upon the express condition that you accept all of the terms and conditions detailed in this agreement and explained further on our website, www.intellipop.co/fibertos. By activating your service with Intellipop you accept the terms and conditions and each time you access the service you affirmatively state that you accept the terms and conditions of Intellipop Fiber Optic Internet Services.

1. Privacy. Intellipop will not disclose or sell your personal information to any third party unless otherwise stated by the laws of Utah and or the United States. You shall not permit or allow other persons to have access to or to use Your Account Information other than you or agents who have been notified of the restrictions set forth in this Agreement, absent Intellipop’s prior express written consent. You agree to maintain the confidentiality of all of Your Account Information and agree to be primarily responsible for all activity pursuant to Your Account. Although Intellipop has taken significant measures to ensure the security of information submitted by You in using the Service, Intellipop cannot guarantee the security of information collected during Your use of the Service and shall not be liable in any way for compromise of Your data.

2. Payment and Billing. You are responsible for paying all fees and charges (plus applicable taxes) associated with your use of the Service as such fees become due. Unless otherwise stated in writing from Intellipop, You agree to be billed monthly for all recurring and one-time charges, including but not limited to late and termination charges, for any services ordered by You and any fees owed to Intellipop. You can make payments online via your account portal at https://portal.intellipop.co or by calling us at 801-851-1770 via check, credit or debit card. Intellipop does not offer pro-rated refunds and all sales are final.

3. Term. Intellipop is a month to month service and does not require a contract with Intellipop itself. You may cancel services with Intellipop at anytime with 30 day written notice. Intellipop may immediately terminate this Agreement and Your Account upon (a) Your breach of any provision of this Agreement , (b) any action by you that Intellipop determines, in its sole judgment, to interfere with the operation or use of the Service.

4. Indemnification. You agree to indemnify and hold harmless each and every Contributor, and their respective affiliates, officers, directors, employees, consultants, agents, licensees and licensors from any claim, demand, or damages, including reasonable attorneys’ fees, asserted by any third party due to, arising out of, or in any way related to, the use of the Service under Your Account.

5. Intellipop Limited Liability. Intellipop expressly limits its damages for any non-accessibility time or other downtime to the service. You acknowledge that the operation and availability of the communications systems, including, without limitation, telephone service, computer networks and the Internet, used for accessing and interacting with the Service can be unpredictable and may, from time to time, interfere with or prevent access to or operation of the Service. You acknowledge that Intellipop is not responsible for any such interference with or prevention of Your use of or access to the Service.

By accepting and activating your Intellipop Fiber Optic Services you agree to all terms and conditions laid forth, including those detailed at www.intellipop.co/fibertos

Data Cap: None

Static IP: Yes, limit of 1

Static IP Cost: $5/month

Router Information: Routers are available for lease by contacting Intellipop directly at an additional $12.95/month. Routers must be returned to the provider upon cancellation of services.

1 Gbps capable routers are also available for purchase for $159.95 by contacting Intellipop directly with setup and remote management included.

Contract Terms: This contract term is Month to Month.

Billing: Monthly services will be billed in advance at the beginning of each monthly billing cycle.

Your billing cycle date will be determined by your connect date.

Data Cap: No data caps.

Static IP: Yes

Static IP Cost: $5 additional charge each month per IP address

Overage Costs: No overage charges.

Router Information: Customers should provide their own Wi-Fi router.

Terms and Conditions: Rates and charges as set forth on this agreement do not include applicable taxes, surcharges, and like charges for which the customer is responsible. 30-day Money Back Satisfaction Guarantee applies to services that are cancelled in writing within 30 days of activation date and if applicable require return of voice adaptor or any other purchased or leased hardware. By signing below customer acknowledges that they have reviewed the Internet Acceptable Use Policy “Internet Acceptable Use Policy” at http://www.senawave.com/internet_acceptable_use_policy.php, which is incorporated heron by reference and agrees to comply with the terms thereof, if applicable to the services obtained herein.

Billing: Monthly services will be billed in advance on the first of the month. First month’s bill may be prorated accordingly depending on activation date.

For Data Caps and Static IP info, contact Senawave directly at 801-217-9000

Router Information: 1 Gbps capable routers are available for lease by contacting Senawave directly at an additional $9/month. Routers must be returned to the provider upon cancellation of services.

Contract Terms: This contract term for SumoFiber services is Month to Month. Additional fees may apply.

Billing: Any applicable installation fees and the customer’s first month of service charge will be processed immediately following the activation date. RATES AND CHARGES AS SET FORTH ON THIS AGREEMENT DO NOT INCLUDE APPLICABLE TAXES, SURCHARGES, AND LIKE CHARGE FOR WHICH CUSTOMER IS RESPONSIBLE. Early termination by customer will result in liquidated damages as set forth in the Terms and Conditions. By a signature above, customer acknowledges that it has reviewed the Internet Access and Use Policy, http://sumofiber.com/legal.html, which is incorporated herein by reference, and agrees to comply with the terms thereof, if applicable to the services obtained hereunder.

Terms and Conditions: All service(s) provided with Standard Support unless otherwise indicated. Definition of Standard Support can be found at http://sumofiber.com/legal.html. Service Level Agreements (SLAs) for all products are posted at http://sumofiber.com/legal.html.

Data Cap: None

Static IP: Yes

Static IP Cost: 1 IP for $5 or 5 IP’s for $15

Router Information: Router rental/purchase is available by contacting Sumo Fiber directly. More information can be found here.

M2Ngage Telecommunications II Corp is a provider of equipment, products, and services designed to connect its subscribers to the Internet. Throughout our agreements, we may refer to the equipment, products, and services we offer as “Services” for short.

M2Ngage Telecommunications II Corp’s services are provided by a local subsidiary of

M2Ngage Telecommunications II Corp . A list of states serviced and their applicable subsidiaries are below:

New York / New Jersey: M2Ngage Telecommunications II Corp 

Pennsylvania: M2Ngage Telecommunications II Corp 

Massachusetts: M2Ngage Telecommunications II Corp

Connecticut: M2NGage Telecommunications II Corp

Washington DC: M2Ngage Telecommunications II Corp 

M2Ngage Telecommunications II Corp and its subsidiaries are located at: 433 Hackensack Avenue, 2^nd Floor, Hackensack, NJ 07601

Throughout these Terms and Conditions (the “Terms of Service”), we may refer to any of our entities named above as “M2Ngage Telecommunications II Corp,” “M2Ngage,” or “Company,” and references to M2Ngage Telecommunications II Corp. or M2Ngage (or us/we/our) shall be deemed to refer to the entity from which you have ordered Services.

The Services that you receive from M2Ngage Telecommunications II Corp are subject to any and all terms identified in these Terms of Service, as well as the applicable M2Ngage Telecommunications II Corp Subscriber Agreement, Privacy Policy, Acceptable Use Policy (the “AUP”), Service Level Agreement (the “SLA”) and any services orders you have placed with and, which have been accepted by, M2Ngage (“Service Orders”).  If you have subscribed to voice Services, your Services are also subject to the Voice Addendum at the end of these Terms and Conditions, and the E911 Notice posted at https://m2ngage.com/legal/.  By accepting and using our voice Services, you represent and warrant to us that you have read, understood and agreed to the E911 Notice.

Copies of the Privacy Policy, the AUP, the SLA and the E911 Notice are available online at https://m2ngage.com/legal/

If you are accessing our Services through a third party who has a direct relationship with M2Ngage Telecommunications II Corp, such as a reseller, certain terms below regarding ownership, payments, billing and installation of our Services may not be applicable to you. All other terms, including but not limited to the acceptable usage of our Services and, in the case of voice Services, the E911 Policy, still apply.

By agreeing to our terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself as well as others who may access or use the Services you ordered.

By placing an order for Service, or using or accessing our Services, you hereby agree to all of our Terms of Service, including the following:

Service Availability & Eligibility 

M2Ngage Telecommunications II Corp does not guarantee the eligibility to receive Services at a particular location or address, and you agree that only M2Ngage Telecommunications II Corp may determine whether or not such Services will be made available.

Usage of Services

You agree not to misuse our services. Our Acceptable Use Policy contains examples of activities that we prohibit. Without limiting the AUP, don’t do anything illegal or improper. Do not try to manipulate the services we provide, or try to degrade our Service for other users.  Do not copy, modify, decompile or reverse engineer any software or other product we provide you as part of the Services, and do not attempt to do so.  Violations of the AUP are considered material breaches of your Agreement with us, and may lead to termination of your Services.

Prohibited Business Usage

Unless we have entered into a written agreement explicitly allowing otherwise, M2Ngage Telecommunications II Corp prohibits the resale, repackagingor other offering of the Services to individuals not directly affiliated with your business.

Service Installation

During the course of a normal installation, you must provide access to numerous areas of your office or other location. You hereby agree to provide all access deemed necessary by M2Ngage Telecommunications II Corp so that wiring, equipment, and any other hardware necessary for the usage of our Services may be installed.

Our installers and technicians will not enter a customer location unless an adult at least eighteen years of age or older is present. Any adult within your office or other location may grant M2Ngage Telecommunications II Corp access to the premises and permission to perform the installation of our Services. You agree that this authorization will have the same effect as if you had authorized the installation yourself.

You agree that M2Ngage Telecommunications II Corp may use any and all existing facilities necessary to aid in the installation of our Services including risers, conduits, shaft ways, and wiring in and around your premises.

if you do not own your premises, the owner or an authorized representative (such as a building manager or landlord) will need to sign a Building Access Agreement which permits M2Ngage Telecommunications II Corp to install our services.

You agree to reimburse M2Ngage Telecommunications II Corp for any costs, including but not limited to: permitting fees, labor, materials, and attorneys’ fees, resulting from the lack of proper authorization for installation.

In order to provide Service to you, M2Ngage Telecommunications II Corp may need to install wiring and/or other hardware; by way of example, we may need to install fiber-optic wiring and provide a device capable of receiving the fiber signals. You agree that the wiring and the device will remain M2Ngage Telecommunications II Corp’s property at all times. You agree to be held liable for the cost of repairing or replacing the wiring and device as a result of damage or negligence.

Service Maintenance

From time to time, M2Ngage Telecommunications II Corp may need to replace the device(s) in your office or residence to improve the quality of service or accommodate for an advancement in technology. You agree to grant M2Ngage Telecommunications II Corp access to perform the replacement on a schedule deemed reasonable by both parties.

Billing & Payment

Installation Fees & Pre-Payment

In addition to the charges for Services, taxes and fees discussed below, you may be required to remit a payment in advance of installation or commencement of Services to M2Ngage Telecommunications II Corp for purposes including but not limited to: a “Network Compliance Fee,” to recover administrative and other costs incurred by M2NGage related to its Internet access service offerings; a “VoIP Administration Fee,” or “VoIP Cost Recovery Fee,” to recover r costs incurred by M2Ngage for fees, contributions and/or charges associated with telecommunications services for the sight and hearing impaired, local number portability, North American Numbering Plan administration, and administrative costs, fees and expenditures related to compliance with Federal and state regulatory programs and annual FCC regulatory fee obligations, along with other carrier and administrative expenses; construction fees; installation fees; activation fees; and pre-order charges.   M2Ngage may, but shall not be required to, post on its website from time to time a description of taxes and/or fees that will be assessed upon its Services.  Voice customers may also see descriptions of some of the fees which may be imposed on voice Services in the Voice Addendum.

Your payment, and our receipt of such payment, does not obligate M2Ngage Telecommunications II Corp to provide any Services to a particular location or address.

Should you fail to perform contractual obligations necessary for M2Ngage Telecommunications II Corp to provide its Services, you may not be eligible for a payment refund. If you cancel your order before M2Ngage Telecommunications II Corp determines that Services will not be delivered, you may not be eligible for a payment refund. If M2Ngage Telecommunications II Corp determines that Services will not be delivered to that location or address for any other reason, M2Ngage Telecommunications II Corp will refund your payment.

Service Charges

You agree to pay for the Services you order or receive in accordance with our billing practices, along with any other charges or fees incurred. M2Ngage Telecommunications II Corp reserves the right to change our prices and fees from time to time.  You are responsible for all taxes, surcharges, levies, or fees assessed on the Services you receive by any governmental body or charged by any wholesale carrier used by M2Ngage to provide those Services, which may include, without limitation, sales or use taxes, federal and state Universal Service Fund fees, Telecommunications Relay Services fees, and E911 fees or taxes. , as well as cost recovery surcharges as permitted by law.

M2Ngage Telecommunications II Corp begins billing for its Services on the day they are installed or otherwise made ready for usage. Any adjustment to the billing date must be agreed upon by you and M2Ngage Telecommunications II Corp, in writing, and before your installation.

Accepted Payment Methods

M2Ngage Telecommunications II Corp accepts the following major credit cards: Visa, MasterCard, American Express, Discover. M2Ngage Telecommunications II Corp also accept payments via Automated Clearing House (ACH) and wire transfer.

Late Fees

Please pay your bill on time. Your bill is due upon receipt.  If you fail to pay your bill within fifteen (15) days of its due date, M2Ngage Telecommunications II Corp reserves the right to charge a late fee in the amount of 7.5% of the balance.

Suspension for Non-Payment

M2Ngage Telecommunications II Corp reserves the right to suspend some or all of the Service(s) it provides to you if you fail to pay your bill in full when due. Accounts with balances greater than 30 days past due are reviewed for possible suspension. M2Ngage Telecommunications II Corp does not charge service reconnection fees, and Services are typically restored immediately upon receipt of payment.

Termination and Cancellation

M2Ngage Telecommunications II Corp reserves the right to terminate some or all of the Services it provides to you at any time, or to cancel or discontinue any Services, in its sole discretion, for any reason, upon thirty (30) days’ prior written notice; provided, that if a Service is discontinued or cancelled due to Force Majeure (as defined under “Miscellaneous” below) or the loss of any required governmental authorizations, M2Ngage may terminate such Services immediately without notice..

Unless explicitly stated in your Service Order, you may upgrade, downgrade, or cancel your services at any time. No refunds (in whole or pro-rated) will be provided as a result of service modifications or cancelations.

M2Ngage Telecommunications II Corp may allow you to pay certain fees or charges in multiple installments. In the event that your Services are canceled or terminated before you have paid the entire fee or charge, you agree to pay any outstanding balances at the time of cancellation or termination.

The Company shall provide the Services from the completion of the installation referred to in section for a minimum period (the “Term”) referenced on the Service Agreement (the “Contract”), subject to renewal as provided below. No Customer may cancel services prior to the expiration of its contract without paying the full amount owed and due through the term of the Contract.

Should Customer desire to cancel / terminate Services the Customer must  provide written notice via overnight courier service (e.g., FedEx or UPS), or Certified Mail Return Receipt, no less than 60 days prior to expiration of Term or the desired date of termination.  If Customer terminates prior to the end of the current Term, Customer MUST make payment in full for the remaining term upon termination. If the Customer subsequently requests M2NGAGE to temporarily reactivate the Service(s) or postpone the proposed termination date, M2NGAGE may, in its sole discretion do so, provided Customer shall pay any and all charges associated with the Service(s) at M2ngage’s then-current rates, plus a twenty (20) percent premium fee in addition to such monthly charges.

Automatic Renewal

This Agreement shall automatically renew for a period equal to the lesser of the Term of your Contract or twelve (12) months, unless M2Ngage is notified by the Customer in writing via overnight courier or Certified Mail Return Receipt no less than 60 days prior to expiration of the initial Term, or any subsequent renewal Term. The Company sends renewal notices 30 days prior to expiration of the Term in compliance with New York Consolidated Laws, General Obligations Law – GOB § 5-903 and other applicable laws.

Customer Service

M2Ngage Telecommunications II Corp provides Customer Service via multiple channels.

To speak on the phone with a M2Ngage Telecommunications II Corp representative, you can call us toll-free on (877) 928-3292.

To contact a representative via email, you can email customerservice@M2Ngage2.com.

Alternatively, you may submit a ticket via the www.M2Ngage2.com Customer Portal.

Maintenance and support services are subject to the SLA.

Intellectual Property; Ownership of Service.

Unless otherwise expressly agreed in writing, M2Ngage is and remains the owner or licensee of all intellectual property included in the Services and any software, hardware, equipment or other products provided hereunder.  M2Ngage grants you a limited, non-transferable license or sublicense, as the case may be, during the Term, to use the Services and such software, hardware, equipment or products solely in accordance with, and for the purposes of, the Agreement.  You will not, and will not attempt to, copy, modify, reverse engineer or decompile any Services, software, hardware, equipment or other product.

CUSTOMER’S CONTENT

Customer is solely responsible for the content of all information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by Customer while utilizing the Service (“Customer’s Content”) and for the consequences of doing so, including any loss or damage to Company or any third parties.  Company has no responsibility to Customer or any third party for Customer’s Content.

Company reserves the right to, but shall have no obligation to, pre-screen, refuse, flag, filter, or remove any of Customer’s Content from the Service at Company’s discretion without notice or liability to Customer or any other party.

Customer shall retain copyright and any other intellectual property rights Customer holds in Customer’s Content.  Customer shall remain solely responsible for protecting and enforcing such rights where applicable.

Customer hereby grants to Company a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual, irrevocable license to use, modify, adapt, translate, publish, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute Customer’s Content solely for the purpose of providing and distributing the transmission of such Customer Content, as is necessary to the successful provision of the Service to Customer.  Customer represents and warrants that it has all necessary rights, licenses, consents, and permissions to grant such license and permit such use.

Company will endeavor to store Customer’s voicemail, sent or received call logs, and/ or instant messages as part of the Service, however Company is not obligated to do so and Company has no responsibility or liability for the deletion or failure to store any of the foregoing.

OTHER USERS’ CONTENT

Company does not control and shall have no liability or responsibility for the 1) conduct or 2) content of any information and communications, whether visual, written, audible, or of other nature, sent, displayed, uploaded, posted, published, or submitted by other users via the Service, including but by no means limited to advertisements or sponsored content (item (2) collectively referred to as “Other Users’ Content”).

Other Users’ Content may be protected by copyright and other intellectual property rights of such other users or other persons.  Customer shall not copy, modify, rent, lease, sell, loan, distribute, or create derivative works based in whole or part upon Other Users’ Content unless specifically agreed to by the owners of such Other Users’ Content in a separate written agreement with Customer.

It is Company’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States the Digital Millennium Copyright Act) and to terminate the accounts or subscriptions of repeat infringers.

disclaimer of warranties and Limitation of Liability

Our services are provided on an “as is” and “as available” basis. Neither we, nor our licensors or suppliers make any warranties of any kind with respect to these services. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES of merchantability, fitness for a particular purpose AND NON-INFRINGEMENT. To the extent permitted by law, we exclude all warranties.

Without limiting the generality of the foregoing, you acknowledge and agree:

• Our equipment, products, and services are not guaranteed to work, to be error or virus-free, or to be compatible with any services, equipment or software not provided to you by M2Ngage Telecommunications II Corp or our licensors or suppliers (including customer owned equipment).
• The services and the communications you make using them may not be secure. You are responsible for securing your data and communications. M2Ngage Telecommunications II Corp will not be responsible if any third party gains access to the services, the equipment provided to you, your own equipment, or your data.
• The services may inherently result in damage or loss to your own services, equipment, software, or data. We are not responsible for any such damage or loss. This includes damage or loss resulting from software downloaded or other changes that are made to your own equipment.

Neither we, nor our employees, agents, licensors, or suppliers will be liable to you for any indirect, special, consequential or punitive damages on any claim arising out of or related to your relationship with us, or our provision of the services, whether based on breach contract, tort, violation of law or any other legal theory.  Customer will only be entitled to direct damages caused by our uncured breach of this Agreement, up to an amount equal to Customer’s monthly recurring charges for the twelve (12) months immediately preceding the date on which Customer notified Company of such breach.

Choice of Law & Venue

Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New York, without regard to principles of conflict of laws. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

Dispute Resolution Procedure

We want to resolve any dispute quickly, fairly, and professionally. You and M2Ngage Telecommunications II Corp agree to the following dispute resolution procedure.

In the event of any controversy, claim, action, or dispute arising from or related to: 1. our website; 2. our agreements; 3. our services; 4. the breach, enforcement, interpretation, or validity of our agreements; 5. any other dispute between you and M2Ngage Telecommunications II Corp, the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party (by overnight courier or first class mail) describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute or, except as provided elsewhere herein, to cure the alleged breach. Notice shall be sent to (1) if to M2Ngage Telecommunications II Corp or its subsidiaries at: 433

Hackensack Avenue, Hackensack, NJ 07601 or (2) if to you at: your last-used billing address.

Both you and M2Ngage Telecommunications II Corp agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

No Mandatory Arbitration & No Class Action

You and M2Ngage Telecommunications II Corp agree that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of this Agreement or the alleged breach of this Agreement shall, upon timely written request of either party, be submitted to binding arbitration. The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based only on written submissions. Notwithstanding the foregoing, M2nGage at its discretion may chose not to arbitrate and file litigation in a Court of competent jurisdiction in the event that Customer (a) fails to timely pay any amount due hereunder, (b) violates the AUP, or (c) engages in any other act or omission that violates the intellectual property rights of Company or its licensors or interferes with the operation of the Services.  Customer agrees that claims arising under or related to the foregoing subparagraphs (b) and (c) would cause irreparable damage to M2Ngage, for which monetary damages would not be sufficient, and therefore M2Ngage shall be entitled to temporary or permanent injunctive relief, without the necessity of posting bond, in addition to all other remedies available to it at law, in equity or hereunder.

Subject to M2Ngage’s right to forego arbitration, the arbitration shall be conducted in the County and State of New York. The arbitration shall proceed in accordance with the commercial arbitration rules of the American Arbitration Association (”AAA”) in effect at the time the claim or dispute arose. The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service who is selected pursuant to the applicable rules of the AAA. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Either you or M2Ngage Telecommunications II Corp may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. Each party shall bear its own costs in connection with any suit or arbitration.

You and M2Ngage Telecommunications II Corp waive any right to a trial by jury.

No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant.

, The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Limitation of Actions.

Actions on disputes between the parties must be brought in accordance with these Terms of Service within one (1) year after the cause of action arises.

MISCELLANEOUS

The parties will observe all applicable laws and regulations, including export and re-export laws and regulations, when using the Service.

Company may assign the Agreement to any of its affiliated entities or to any entity to which Company may sell, transfer, convey, assign or lease all or substantially all of the assets or properties used in connection with its performance under the Agreement.  Any other assignment of the Agreement or any rights or obligations under the Agreement without the express written consent of the other party will be invalid.  Company may partner with others or subcontract any or all of its obligations under the Agreement, but will retain its responsibility to Customer for the timely performance of the work necessary to the provision of Service properly paid for by Customer.

Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including without limitation, fire, flood, Act of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, civil or military authority, and inability to secure materials, systems, subsystems, components, underlying services or transportation facilities (“Force Majeure”).

Any notice required or permitted under this Agreement shall be deemed properly made when delivered by email, facsimile, messenger, overnight courier, or mailed via Certified or Registered Mail (Return Receipt Requested) if to Customer:  to the information Company has on file; and if to M2Ngage to its address listed under the Dispute Resolution section of these Terms of Service.  Notices will be considered effective when sent or posted.

The Agreement, including these Terms of Service, any Addenda or attachments, the SLA, the AUP and, if applicable, the E911 Notice,, constitute the entire understanding of the parties with respect to the subject matter of the Agreement and will supersede all previous and contemporaneous communications, representations or understandings, oral and/or written, between the parties relating to that subject matter and will not be contradicted or supplemented by any prior course of dealing between the parties.  If any provision of the Agreement is determined to be unenforceable or invalid by court decision, the Agreement will not be rendered unenforceable or invalid as a whole, and the original unenforceable provision will be changed only minimally as required for it to be enforceable and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.  The failure of either party to assert any of its rights under the Agreement, including, but not limited to, the right to terminate the Agreement in the event of breach or default by the other party, will not be deemed to constitute a continuing or permanent waiver by that party of its right to enforce each and every provision of the Agreement in accordance with their terms.

Company may modify these Terms of Service, the Voice Addendum, and/or the policies referenced herein from time to time.  Except as provided in the foregoing sentence, the Agreement may not be modified except in a written instrument signed by the parties.

VOICE ADDENDUM

This Voice Addendum applies to the Company’s provision of Voice over Internet Protocol services (“VoIP Services” or “Voice Services”) to Customer.  This Voice Addendum is made a part of the Terms and Service, and the Terms of Service shall govern the Voice Services, except that in the event of an actual conflict between the Terms of Service and this Voice Addendum, the Voice Addendum shall control as to Voice Services only. Capitalized terms not defined in this Voice Addendum will have the meaning attributed to them in the Terms of Service.

1. USE OF THE SERVICE

• Customer acknowledges and agrees that it has read, understood and agrees to the E911 Notice posted at https://m2ngage.com/legal/.
• System Requirements. In order to use the Voice Service, Customer must, at Customer’s own expense, provide and utilize one or more industry-standard, Voice Service compatible devices, high speed broadband access, and certain software, and may be required to obtain updates or upgrades to the foregoing from time to time.  Customer’s ability to use the Voice Service may be affected by the performance of these items.  Customer acknowledges and agrees that system requirements for the Voice Service may change from time to time and that adherence to the system requirements is Customer’s responsibility.  Customer is responsible for ensuring that its networks and systems are adequately secured against unauthorized intrusion or attack and for regularly backing up its data and files in accordance with good computing practices.
• Customer is required to register prior to using the Voice Service.  Customer agrees that any registration information shall be accurate, correct, and up to date, and Customer agrees to maintain and promptly update its registration information, including but not limited to the physical location of each user.  Customer and/or its representative must be of legal age to enter into a binding contract in order to register for the Voice Service.  Customer shall be responsible for maintaining the security of any required user names and passwords (including both for the Account Administrator and users), and shall not disclose them to any third party.  Customer shall be solely responsible to Company for all activities that occur under Customer’s account or subscription, including any unauthorized use.  Customer agrees to notify Company immediately via [method(s) of contact] upon becoming aware of any unauthorized use of Customer’s password, account, or subscription.
• Company’s Privacy Policy is located at https://m2ngage.com/legal/.  Customer agrees to the use of Customer’s data in accordance with the Privacy Policy.  Without limiting the generality of the foregoing, Company may provide its third party providers and referral companies who provide Company services related to the Voice Service with certain Customer data such as Customer name, address, and number of subscribers, however, under no circumstances will such information include any personally identifiable information that Customer has not agreed to be provided to such third parties.
• Scope of Use/ Fair Usage. Customer shall use the Voice Service only as permitted in the Agreement, the AUP, and in accordance with applicable laws and regulations, including but not limited to laws regarding the export of data or software.
• Prohibited Uses. Customer agrees not to use the Voice Service in a manner that is actually or potentially libelous, threatening, harmful, harassing, indecent, obscene, in violation of the intellectual property rights of any party, or is otherwise unlawful under any applicable law or regulation.  Customer agrees not to engage in any activity that interferes with or disrupts the Voice Service or associated servers, networks, or software; prevents or restricts other customers from using the Voice Service; or damages any Company or third party property.  Customer agrees not to reproduce, duplicate, copy, sell, trade, or resell the Voice Service provided under Customer’s account(s).  Customer agrees not to use the Voice Service for autodialing or predictive dialing; continuous or extensive call forwarding; constant dialing; iterative dialing; fax broadcast; fax blasting; junk faxing; fax spamming; transmitting broadcasts or recorded material; sending unsolicited messages or advertisements; telemarketing; sending bulk and/ or junk email, voicemail, or faxes; call center operations or other bulk call-in lines; taking any action to attempt to mislead others as to the identity of the sender or the origin of any communication; or any other activity outside the scope of reasonable internal business usage.  Customer agrees not to (1) re-classify or re-originate traffic or take any other action to intentionally make traffic appear as if it:  (i) is anything other than the type of traffic delivered to such called party (including but not limited to making TDM originated traffic appear to be IP originated) or (ii) originated from a place or on a type of equipment different from the place or type of equipment from where it, in fact, originated; or (2) modify, alter, or delete in any manner calling party number information, originating point codes, or any other signaling information or call detail in connection with the transport and termination of traffic to the called party.  Customer agrees not to access or attempt to access the Voice Service by any means other than the interface provided by Company, including but not limited to any automated means such as the use of scripts or web crawlers.  Customer agrees not to use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the Voice Service in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo.
• Company’s Remedies for Prohibited Use. Company may take any lawful action it deems appropriate with respect to prohibited use of the Voice Service or other use of the Voice Service that it deems to be inappropriate, in violation of this Agreement, or potentially disruptive to the Voice Service or Company’s network, Company’s rights and interests, or the rights of other customers.  Company’s Remedies for Customer’s prohibited use of the Voice Service, includes but is not limited to issuing warnings; terminating Customer’s Voice Service, subscription, accounts, or users; disabling access to or suspending the Voice Service, subscription, or accounts; or increasing the monthly rates charged Customer for the period of Customer’s prohibited use and the remainder of the Agreement’s term.  Company may take such action without notice or liability to Customer or any other party, although Company shall have no obligation to take any such action.

2. Customer Proprietary Network Information.

In the normal course of providing services to its users and customers, Company collects and maintains certain customer proprietary network information (“CPNI”) typical to the industry.  CPNI includes the types of telecommunications and interconnected VoIP services Customer currently purchases or subscribes to, how Customer uses those services (for example, Customer’s calling records), and billing information related to those services.  Customer’s M2Ngage telephone number, name, and address do not constitute CPNI.  Company does not sell, trade, or otherwise share Customer’s CPNI with anyone outside of Company and those parties authorized to represent Company to offer Company’s services or to perform functions on Company’s behalf related to our services, except as the law may require or Customer may authorize.  Federal law generally permits Company to use CPNI in its provision of the telecommunications and interconnected VoIP services Customer purchases or subscribes to, including billing and collections for those services.  Company may also use or disclose Customer CPNI for legal or regulatory reasons such as to respond to a court order, to investigate fraud, to protect Company’s rights or property, to protect against the unlawful use of Company services, or to protect other users.

Customer may elect to prohibit Company’s use of Customer’s CPNI to market services other than services of the same type that Customer already purchases from Company by providing Company with Customer’s “opt-out” notice within thirty (30) calendar days of Customer’s Voice Service commencement by sending an email to VoIPSupport@m2ngage2.com stating that Customer opts out of marketing uses of its CPNI, and including the Customer name and its M2Ngage phone number(s).  Please type “CPNI Opt-Out” in the subject line.  If Customer fails to do so within such timeframe, Customer will be deemed to have given Company consent to use Customer’s CPNI to markets other than services of the same type that Customer already purchases from Company.  Customer may change its election at any time by providing notice to Company at VoIPSupport@m2ngage2.com.  Restricting Company’s use of Customer CPNI will not affect Company’s provision of any service, nor will it necessarily eliminate all types of Company marketing.

3. REGULATORY FEES.

In addition to the payment terms contained in the Terms of Service, Company may charge Customer the following regulatory fees:

1. Federal and State Universal Service Fee. Company is required to make contributions to the Federal and certain state Universal Service Funds (USF), which provide support to promote access to telecommunications services at reasonable rates for those living in rural and high-cost areas, income-eligible consumers, rural health care facilities, and schools and libraries. Company is permitted but not required to recover such costs from its customers.  The Federal Communications Commission sets the Federal USF rates on a quarterly basis.  USF rates are subject to change each quarter.
2. b. 911 Fee. This fee is imposed by local governments to help pay primarily for the handling of calls for emergency services such as fire and rescue.
3. 911 Service Fee. Company may charge a per-DID/ phone number fee to recover Company’s costs directly associated with providing 911 and E911 to its customers.
4. Regulatory Recovery Fee. Company may charge a monthly regulatory recovery fee to offset costs it incurs in complying with obligations imposed by, and inquiries made by, federal, state, and municipal regulatory bodies/governments and related legal and billing expenses. This fee is not a tax or charge required or assessed by any government.  If assessed by Company, the regulatory recovery fee will apply to every directly dialable telephone number (in certain cases referred to as DID-phone numbers) assigned to Customer, including toll free and virtual numbers.
5. e. Other Fees. Customer agrees to pay any other fees that may be levied on the Voice Services which are chargeable to customers by any governmental authority.

4. DID NUMBERS

When supply is sufficient, Company will make available to Customer a list of DID/ telephone numbers from which Customer may choose their DID/ telephone numbers.  Customer will not be the owner of any DID/ telephone number (including fax numbers) assigned to Customer by Company, and Customer will not transfer or attempt to transfer its number(s) to anyone else (except as provided in Section 5.2 below with respect to Porting Out).  Company reserves the right to change, cancel, withdraw, or move such numbers at its sole discretion immediately upon notice.  Customer will surrender all rights to the DID/ telephone numbers and fax numbers upon termination of Customer’s Voice Service if they have not been ported out in accordance with Section 5.2 below prior to such termination, and the numbers assigned to Customer may be reassigned upon termination of Customer’s Voice Service.  Company will not be liable for any direct or indirect damages or incidental costs arising out of such reassignment.

5. LOCAL NUMBER PORTABILITY

5.1 Porting In.  Customer may elect to port an existing DID/ telephone number to Company (“Port-In”) for use with the Voice Service.  In the event Customer elects to Port-In a number, Customer must first select a temporary number from the list of DID/ telephone numbers Company presents to Customer at the time Customer orders the Voice Service, which will be used until the Port-In is complete.  Company will support all valid requests and will cooperate with Customer to perform any Port-In in accordance with Customer’s reasonable directions and Company’s operating procedures.  Neither Company nor its providers are responsible for any delay, rejection, or false processing of Port-In requests to the extent such delay, rejection, or false processing is attributable to Customer, Customer’s prior provider, or any third parties.

5.2      Porting Out.  Customer or a third-party provider acting as agent on behalf of Customer (“Requesting Party”) may request that Company port a number assigned to Customer by Company to a third party provider (“Port-Out”).  Company will support all such requests and will promptly cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and Company’s standard operating procedures.  In the event of any Port-Out, Customer agrees that until such time as the Port-Out is complete and Customer terminates the Voice Service for such DID/ telephone number, Customer shall remain bound by the terms of this Agreement related to that DID/ telephone number.  Once the Port-Out is complete, Customer must terminate the Voice Services associated with such ported DID/ telephone number in order to stop incurring charges for such DID/ telephone number.  Customer recognizes and agrees that in the event of a Port-Out Customer shall remain responsible for paying the required monthly service fees in accordance with the Terms of Service.

6. 711 DIALING

The Voice Service allows dialing 711 to reach Telecommunications Relay Services (TRS).  In the event the user’s registered location is not the same as the user’s geographic location, 711 calls may not be routed to the correct TRS center for the user’s location.

7. Service Exclusions

The Voice Service does not include directory listings and operator and directory assistance and does not support 976 or 900 calls.  The Voice Service may not support 311, 411, 511, or other X11 calling (other than 911 and 711 as detailed in this Agreement) in all or certain service areas.

Terms and Conditions: thetelecomcompany.com/terms-conditions/

Data Cap: None

Overage Costs: None.

Static IP: Yes

Static IP Cost: /30 is 2 IP’s (free); /29 is 6 IP’s ($5/month); /28 is 14 IP’s  ($10/month); /27 is 30 IP’s ($25/month). Larger blocks available upon request

Router Information: Yes, $199 for a managed and monitored router, switch, wifi combo. We can lease that same device for$15/month.

Contract Terms: Internet and VoIP phone services can be set up on a month-to-month contract. Any contract including video services requires a two-year contract.

Data Cap: None

Static IP: Yes

Static IP Cost: Offer up to 2 Static IP’s at $2 each

Router Information: Does not provide routers.

Contract Terms: Voonami’s data plans are on are on a month to month basis. Voonami’s VOIP service requires a 2-year contract. A monthly VOIP option is available by contacting the provider directly.

Billing: Monthly services will be billed in advance on the date of service initiation and will be billed on that same date of each following month.

Terms and Conditions: http://www.voonami.com/aup

Data Cap: None

Static IP: Yes

Static IP Cost: Free

Router Information: Does not provide routers.

Contract Terms: XMission’s data plans are on are on a month to month basis.  XMission’s VOIP service requires a 1-year contract.  A monthly VOIP option is available by contacting the provider directly. 

Billing: Monthly services will be billed in advance on the date of service initiation and will be billed on that same date of each following month. 

Terms and Conditions: www.xmission.com/legal

No Data Cap

Static IP: Yes

Static IP Cost: 1st is free. Any subnets are an extra monthly cost. Additional IP’s are $1 per IP sold in blocks of 8 or 16.

Router Information: Does not provide routers.