This Agreement is between CommSpeed LLC (CommSpeed) and a Customer (as defined by the CommSpeed Service Application Form) for Internet services. Customers agree to abide by the following:

Acceptable Use Policy

Please read this Agreement carefully. Failure to adhere to these terms may result in cancellation of your account.

Similar restrictions are used by all Internet Service Providers. CommSpeed understands that using the Internet "properly" (as defined by the Internet community generally) may seem unclear or confusing. It is certainly not our goal to punish someone for not fully understanding how the Internet works. Instead, our goal is to help you use the Internet most effectively, and to be able to take action against the few individuals who purposefully and repeatedly abuse the system. If you are new to the Internet and do not fully understand these points, please call CommSpeed at (928) 772-1111.

Following are the terms and conditions for use of Internet services provided by CommSpeed. By using your account, you agree to be bound by these terms.

1. The primary account holder is responsible for all usage on the account, and will be held responsible for abuse of the account by others. If you decide to let children under the age of 18 access your account, we strongly recommend that you supervise their usage.
    

2. All dial-up accounts, with the exception of Basic Hourly accounts, are flat rate with no hourly charges. Please be aware that flat rate does not mean "dedicated" or "unlimited". You MUST NOT leave your computer connected when you are not actively using the system. High-speed wireless accounts are an "always on" dedicated connection and are thus are not subject to this restriction.
    

3. All accounts currently include a free World Wide Web home page (www.commspeed.net/yourname). You may use up to 40 MB of disk space. You may use this free web page for personal or corporate use.
    

4. You are expected to keep your passwords secret. Your password allows access to your private email messages and billing information. Giving your password to others who are not authorized to use your account is grounds for account dismissal.
    

5. We do not sell services to people under the age of 18. You must be over 18 to have an account with our service. Users under 18 years of age MUST have their parent or guardian's consent to use their parent's account. Lying about whether you are 18 or not is grounds for account dismissal.
   
   Account and Billing Information
    

6. The Service Begin Date is the day on which CommSpeed activates your account. All fees, as outlined in CommSpeed's Service Application Form, are refundable if the customer cancels within 30 calendar days of the Service Begin Date. CommSpeed reserves the right to change its fees at any time.
    

7. Payment is due by the date specified on the invoice we send you. This invoice will be sent by electronic mail, postal mail or fax, at our discretion. Payment is usually due on the fifteenth day of the month, but may vary. Payments made after the due date will be subject to a $5 late fee per month. If payment is not received within seven (7) days of the due date your account may be suspended until payment arrives. THERE WILL BE NO EXCEPTIONS TO THIS POLICY! After 30 days, unpaid accounts will be completely deleted from our system. Deleted accounts will incur a $10 reactivation fee to reopen them. Seriously past due accounts will be charged to the credit card CommSpeed has on file or the account will be turned over to a collection agency.
    

8. Charges will be billed according to the price list currently in effect at the time. You may cancel your account with 30 days notice. Accounts are billed monthly, quarterly, or annually. For quarterly and annual term billing commitments, you are responsible for the entire length of the term; refunds are not available for unused months.
    

9. There will be a $15 service charge for all returned checks plus any applicable court costs or legal fees required to collect.
   
   User Conduct on the Service
    

10. CommSpeed will allocate system resources to provide the best possible service to all customers. While using the Service, you:
     

    1. may not restrict or inhibit any other user from using and enjoying the Internet.

    2. may not use to the CommSpeed service to operate server programs, including, but not limited to to, web hosting, multi-user interactive forums, game servers, or operating an internal mail/http/ftp/irc/dhcp server to serve external connections or to support multi-user interactive forums.

    3. may not to use the CommSpeed dialup service on a standby or inactive basis in order to maintain a connection, nor use a single account for multiple simultaneous dialup connections. Automated electronic or mechanical processes employed to maintain a constant connection to dialup service - such as use of an auto-dialer, persistent checking of e-mail or "pinging" the host are expressly prohibited. Multiple simultaneous connections using dialup accounts are not permitted. If you share your password with a family member or other person (which we discourage), you are responsible for everything and anything they do with your account.

    4. may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the prior written consent of CommSpeed. For example, you cannot provide Internet access to others through a dialup or high-speed connection, host shell accounts over the Internet, provide email or news service, send a news feed or redistribute CommSpeed Internet service via wireless network.

    5. may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

    6. may not post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

    7. may not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.

    8. may not use the Service to invade the privacy of third parties, impersonation of CommSpeed personnel, transmitting via e-mail, USENET, chat service or the Customer's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Customer also agrees not to use the Service to solicit other customers to patronize competing services, not to violate or tamper with the security of the CommSpeed Service or attempt to utilize another customer's account name or persona without authorization from that customer.

    9. may not use the CommSpeed service, CommSpeed's equipment or any CommSpeed electronic mail address or CommSpeed hosted service in connection with the sending of unsolicited email messages (spam) or Usenet Newsgroup postings, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the CommSpeed Service, CommSpeed's equipment or any CommSpeed electronic mail address or CommSpeed hosted service. Any implication thereof by any mass emailing or posting of this type will be grounds for dismissal, regardless of the provable origin of the offending messages. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message.

    10. shall not maintain more than 100 MB of electronic mail storage for Customer and that Customer is responsible for ensuring that the level of electronic mail storage remains below this 100 MB limit. Customer expressly agrees that CommSpeed shall not be liable to Customer or parties interacting with Customer for any damages resulting from action CommSpeed takes to enforce this provision.
         

11. CommSpeed has no obligation to monitor the Service. CommSpeed will not intentionally monitor nor disclose any private electronic-mail message unless required by law. However, you agree that CommSpeed has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers.

12. Customer agrees that any personal web page or site Customer publishes in connection with the CommSpeed Service is intended for personal use. While other uses (e.g. commercial) are not prohibited, they may draw sufficient third party visits ("hits") to the page or site so as to impose a burden on the Service by reducing available bandwidth. To ensure that all Customers can use and enjoy the Service, Customer agrees that CommSpeed is entitled to suspend or terminate access to any Customer's personal web page or site if CommSpeed determines that the page or site has received download traffic sufficient to cause access to the server to be impaired in CommSpeed's judgment. Customer expressly agrees that CommSpeed shall not be liable to Customer or parties interacting with Customer for any damages resulting from action CommSpeed takes to enforce this provision.
    
    CommSpeed's Rights
     

13. CommSpeed reserves the right to terminate or refuse service to anyone for any reason, and at any time. ANY violation of any of these terms and conditions may result in immediate account termination or suspension without prior warning.
     

14. You are responsible for all actions you take or cause to be taken in connection with your use of the service. As a condition of service, you agree to indemnify and hold harmless CommSpeed, it's officers, employees, agents, and shareholders, for any cause of action out of use of your account or with your use of the service.
     

15. You, as the account holder, are responsible for all use of your account. If you share your password with a family member or other person (which we discourage) you are responsible for everything and anything they do with your account. If they break the law with your account, you are responsible. If they violate these terms and conditions, you are responsible. If you decide to let a family member use your account, please be sure you feel you can trust them to act responsibly.
     

16. While we do backup our system files, we DO NOT backup personal or business files uploaded to our server by our customers. This means that if you upload web pages or any other personal or business files to our system, you must keep a local backup of them on your machine. Please backup your files, because we do not!
    
    No Warranties
     

17. CommSpeed does not warrant any connection to, transmission over, or the results of the use of any network connection. CommSpeed assumes no responsibility for any damage, loss, or expense suffered by the Customer, including but not limited to loss of data, delays, non-deliveries, mis-deliveries, or service interruption caused by CommSpeed or Customer error, omission, or negligence. Use of this service and any information obtained using this service is at the Customer's risk. CommSpeed does not accept any responsibility of the accuracy of, quality of, or actions taken in response to the information obtained through its services.
     

18. Service is provided as-is. Use at your own risk. There are no warranties of any kind, express or implied, including but not limited to warranties of merchantability or fitness for any particular purpose. CommSpeed is not responsible for hardware or software damage, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use this service.
     

19. If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Any disputes with CommSpeed will be governed by the laws and courts of the State of Arizona.

CommSPEED Digital Voice (VoIP) - 911 DIALING

911 Dialing. CommSPEED Digital Voice 911 Dialing is different than traditional 911 service.

Most of our customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers in locations where the emergency center is not equipped to receive your telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak. As additional local emergency centers become capable of receiving our customers' information, CommSPEED will automatically upgrade customers with basic 911 to E911 service. CommSPEED will not give you notice of the upgrade.

Certain customers do not have access to either basic 911 or E911. If you don't have access to basic 911 or E911 your 911 call will be sent to a national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help. Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer's address, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 network. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the national emergency call center.

You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.

Notify All Users. You should inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of CommSPEED Digital Voice 911 Dialing as compared with basic 911 or E911. The documentation that accompanies each Device that you purchase will include a sticker concerning the potential non-availability of basic 911 or E911 (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department at 1-888-772-1137.

Registration of Physical Location Required. For each phone number that you use for the Service, you must register with CommSPEED the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address.

Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.

Service Outages.
(a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service outages or suspensions or disconnections of service by CommSPEED will prevent all Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Disconnection of Your CommSPEED Account. Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.
(d) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.

Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither CommSPEED nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless CommSPEED, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.

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CommSpeed reserves the right to amend or change these
terms and conditions at any time without prior notice.
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