CONXXUS TERMS OF SERVICE FOR FIBER TO THE HOME

These Terms of Service set forth the terms and conditions for the purchase of residential fiber to the home (FTTH) services (“Services”) from MCC Network Services, LLC, d/b/a Conxxus (“Conxxus”), an Illinois Limited Liability Company headquartered at 8 S. Washington Street, Suite 200, Sullivan, IL 61951.  By ordering Services from Conxxus, Customer agrees to and incorporates these Conxxus’ Terms of Services found at https://www.conxxus.com/terms-of-service.  Conxxus may update these Terms of Services from time to time, in its sole discretion.  Customer’s continued use of the Services following such updates constitutes acceptance of the same. If Customer does not agree to the terms or any modification, Customer may terminate this Agreement.  Terms used in this Service Agreement, but not otherwise defined shall have the same meanings ascribed to them in the Terms of Service

Termination.  Either Conxxus or Customer may terminate this Services at any time and without cause.  Upon termination Customer must immediately cease all use of the Services and all Conxxus equipment.  Customer is responsible for payment of Services until the Services are disconnected and equipment is returned.  Customer must return all Conxxus equipment to Conxxus at the appropriate local service center or to Conxxus’ designee. If the equipment is not in working order Customer is responsible for an amount up to retail price for replacement equipment and incidental costs incurred due to the replacement.

Acceptable Use Policy.  Customer agrees not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in Conxxus’ Acceptable Use Policy found at www.conxxus.com/aup, which is incorporated into these Terms. Customer is responsible for all activity on the Services, whether such activity is undertaken by Customer or someone else.

Indemnification.  Customer shall indemnify and hold harmless Conxxus and its officers, directors, agents and employees, from and against any and all claims, demands, causes of action, losses, damages, costs and expenses, including attorney fees (collectively, hereinafter “Claims”) arising out of or in any manner relating to or arising out of Customer’s use of the services, the Conxxus equipment, or the Customer equipment, violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Services or any unauthorized apparatus or system, and any Claims or damages arising out of the lack of 911/E911or dialing associated with a home security, home detention, or medical monitoring system.  Conxxus has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer.

Disclaimer of Warranties.  Customer assumes total responsibility for use of the Services, applicable Equipment and the Internet and accesses the same at its own risk.  Customer recognizes that Conxxus has no responsibility for the security of or loss of stored data, intrusion of unauthorized access, content accessible or action taken on the Internet and Conxxus expressly disclaims any responsibility for such content or actions, except as specifically set forth herein.  Conxxus further disclaims any and all express or implied warranties including and without limitation: (1) any warranties as to the availability, accuracy, and content of information, products, or services: (2) any warranties of availability, quality of service, merchantability, fitness for a particular purpose, non-infringement or as to the proper or timely delivery or security of Customer’s communications over Conxxus’ facilities. Conxxus does not guarantee or warrant: continuous, uninterrupted or secure access to any service; that the Service will be available on a specified date or time or that our network will have the capacity to meet demand during specific hours; any particular download or upload speed for any Internet access service or any other characteristics of that or any other kind of service; compatibility of any service with Customer’s computers, telephone, or video equipment, operating systems or software.  Conxxus Equipment is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Limitation of Liability.  Conxxus’ liability to Customer hereunder shall be for provisioning of Services.  Neither Conxxus nor its affiliates, subsidiaries, employees or suppliers shall be liable to Customer for any special, indirect, incidental or consequential damages (including lost profits) arising from or relating to this Agreement, including, without limitation, damages claimed as a result of loss of data, hardware, or software; loss or liability resulting from access delays or access interruptions; loss or liability resulting from computer viruses; loss or liability resulting from data non-delivery or data mis-delivery; loss or liability resulting from errors, omissions, or misstatement in any and all information, goods, or services obtained on or through the Service.  Conxxus’s entire liability, and Customer’s exclusive remedy, with the respect to use of the Service, service software, and any breach of the Agreement is strictly limited to a prorated portion of the amount paid to Conxxus for monthly fees.

CPNI.  Customer Proprietary Network Information (“CPNI”) shall be considered to be the confidential information of Customer.  Except as otherwise expressly permitted in writing by an authorized representative of Customer, Conxxus agrees that it will not: 1) use the CPNI for any purpose other than to further the purpose of this Agreement; and 2) disclose or reveal the CPNI to any person or entity other than its employees, directors, officers, agents, and consultants who have a need to know to further the purpose of this Agreement and are subject to legally binding obligations of confidentiality and non-use no less restrictive than those contained in this Agreement.  During the term of this Agreement, Customer will designate an account representative who has the authority to request Customer’s CPNI under this agreement through its dedicated Conxxus account representative.

CALEA. Pursuant to the Communications Assistance for Law Enforcement Act (CALEA) (47 U.S.C. §§1001-1010) Conxxus will provide assistance to all local, state and/or federal authorities who provide the company with a Summons and Court Order or a Subpoena. All requests are evaluated and reviewed on a case-by-case basis in light of any special procedural or legal requirements and applicable laws.

Export Laws. Customer expressly agrees to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. Customer further expressly agrees not to use the service(s) in any way that violates any provision of such laws or their implementing regulations.

Security.  Conxxus makes an effort to keep its network secure, but no network security is perfect. While Conxxus may provide technical assistance, Customer is responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that Customer’s data is not accessed by unauthorized third parties. Conxxus is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.

911/E911 Acknowledgement. CUSTOMER ACKNOWLEDGES THAT CONXXUS’ EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED AT THE E911 LIMITATIONS PAGE FOUND AT WWW.CONXXUS.COM/911NOTICE CUSTOMER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING CUSTOMER’S SERVICES, OF THE 911 LIMITATIONS DESCRIBED AT WWW.CONXXUS.COM/911NOTICE. CONXXUS OFFERS CUSTOMER WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING AND CUSTOMER AGREES TO PLACE A LABEL ON AND/OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED. CONXXUS ADVISES CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

Privacy.  Customer understands and agrees that information provided to and collected by Conxxus in connection with the Services is subject to the Conxxus Privacy Policy found at www.conxxus.com/privacy.

Digital Millennium Copyright Act.  Conxxus maintains a separate policy on the handling of complaints under the Digital Millennium Copyright Act, which is incorporated into this Agreement and may be viewed at www.conxxus.com/DMCA/.

Retention of Rights. Nothing contained in these TOS shall be construed to limit Conxxus’ rights and remedies available at law or in equity. Upon termination of these TOS for any reason, Conxxus reserves the right to delete all Customer’s data, files, electronic messages or other Customer information that is stored on Conxxus’ or its suppliers’ servers or systems. In addition, Customer may forfeit its account user-name and all email, IP and Web space addresses, and voice mail. In the event Customer cancels without porting its voice service and the associated telephone number(s) to another service provider, Customer will forfeit the telephone number. Customer shall have no liability whatsoever as the result of the loss of any such data, names, addresses, or numbers.

Force Majeure. Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, explosion, vandalism, cable cuts, storms or other similar catastrophes; any law, order, regulation, direction, action or request of the United States government, or of any other government, including state and local governments having jurisdiction over either of the parties, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections, riots, wars, or strikes, lockouts, work stoppages or other labor disputes or difficulties. Notwithstanding anything to the contrary set forth herein, Customer agrees that payment obligations hereunder shall be absolute and not subject to delay due to any event of force majeure.

Governing Law.  These TOS shall be governed by, and construed in accordance with, the laws of the State of Illinois.  The parties agree that the state courts of Illinois shall have sole and exclusive jurisdiction.