Consolidated Telephone Company Internet Service Agreement

Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. INTRODUCTION.

Consolidated Telephone Company, Inc. provides its Internet services, as they may exist from time to time, ("Services") to all end users who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Members"). By using the Services or by establishing an account, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other user policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services, and if you are a current Member, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.

Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Consolidated Telephone Company is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #) and international access costs are extra. Current prices for Consolidated Telephone Company's Services are posted throughout our Web site at http://www.brainerd.net. These rates may also be obtained by calling (877) 825-3500. Consolidated Telephone Company reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

3. PAYMENT OBLIGATIONS OF A MEMBER.

(a) Members must (i) provide Consolidated Telephone Company with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Consolidated Telephone Company all changes to this information within thirty (30) days of the change. Members are responsible for all charges to their account.

(b) Members having questions regarding charges to an account, should contact Consolidated Telephone Company's Customer Service Department at (877) 825-3500. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

(c) Charges are billed to Members' credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Consolidated Telephone Company is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Consolidated Telephone Company.

(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred.

(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid through the prepayment plan.

(f) If you purchase Services through a reseller who in turn pays Consolidated Telephone Company, the reseller must pay all amounts owing for your account. If the reseller fails to pay Consolidated Telephone Company any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.

(g) Delinquent accounts may be suspended or canceled at Consolidated Telephone Company's sole discretion; however, charges will continue to accrue until the account is canceled. Consolidated Telephone Company may bill an additional charge to reinstate a suspended account.

4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.

Members receive a username, password and account designation upon registration. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Consolidated Telephone Company account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Consolidated Telephone Company within 24 hours of discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 10MB in size may, at Consolidated Telephone Company's discretion, be transferred to a compressed temporary file or storage. Consolidated Telephone Company may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding 6MB may be suspended until the Member brings the disk space usage under 6MB or less or additional megabytes are purchased. Any free Web site exceeding 250MB of traffic will be billed for excess traffic. You may establish a commercial or high-volume account by calling (800) 395-8425.

Usernames, passwords and email addresses are Consolidated Telephone Company's property and Consolidated Telephone Company may alter or replace them at any time.

5. MONITORING THE SERVICES.

Consolidated Telephone Company has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Consolidated Telephone Company, 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 Members. Please see our Privacy Policy . Consolidated Telephone Company may immediately remove your material or information from Consolidated Telephone Company's servers, in whole or in part, which Consolidated Telephone Company, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy .

6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Consolidated Telephone Company, Consolidated Telephone Company DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. Consolidated Telephone Company HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABLENESS OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Consolidated Telephone Company DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. Consolidated Telephone Company MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABLENESS AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Consolidated Telephone Company OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Consolidated Telephone Company OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Consolidated Telephone Company AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, Consolidated Telephone Company's CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.

7. SOFTWARE LICENSE.

Consolidated Telephone Company grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the Consolidated Telephone Company access software (including software from third-party vendors that Consolidated Telephone Company distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Consolidated Telephone Company may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.

The Licensed Programs constitute confidential and proprietary information of Consolidated Telephone Company and Consolidated Telephone Company's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Consolidated Telephone Company and Consolidated Telephone Company's licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof.

You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Contractor/manufacturer is Consolidated Telephone Company, Inc., 1102 Madison Street, Brainerd, MN 56401.

8. WEBSITE USAGE.

Our site on the World Wide Web with its homepages in the domain "www.consolidatedtel.net", "www.brainerd.net", or any other site operated by Consolidated Telephone Company (the "Web site") is a complimentary information service offered by Consolidated Telephone Company at no charge to users. We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain "www.consolidatedtel.net" or "www.brainerd.net, is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Consolidated Telephone Company of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be a text-only link clearly marked "Consolidated Telephone Company Web site", (b) the link must "point" to the URL "http://www.brainerd.net" or "http://www.consolidatedtel.net" and not to the other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Consolidated Telephone Company , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Consolidated Telephone Company may revoke consent to link to our Web site at any time in its sole discretion. All other hypertext links to the Web site must be approved in writing by Consolidated Telephone Company.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Consolidated Telephone Company. Consolidated Telephone Company assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Consolidated Telephone Company harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Consolidated Telephone Company from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Consolidated Telephone Company will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

Your posting of material on the Web site or providing material to Consolidated Telephone Company to use on the Web site will be deemed to be a grant by you to Consolidated Telephone Company of a perpetual, nonrevocable, worldwide, nonexclusive license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .

9. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services, and, if you are a Member, to terminate your account.

10. TERMINATION.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to Consolidated Telephone Company by calling our office at 877-825-3500 and speaking to one of our Customer Service Representatives or Customer Service Assistants. Email termination of your basic Internet access account will not be accepted. To terminate DSL service, you must call our office and make arrangements with CTC regarding early termination of your contract. To terminate additional services, such as extra email boxes or Web site hosting, you may send an email to iteam@brainerd.net. Your termination will only be complete upon your receipt of a confirmation number from Consolidated Telephone Company. Charges to your account will stop accruing the day Consolidated Telephone Company provides you a confirmation email. Any incoming email sent to canceled accounts will not be forwarded to another account; instead, it will be bounced back to the sender. If your account included space on Consolidated Telephone Company's servers, anything stored on this space will be deleted upon termination.

Without prior notice, Consolidated Telephone Company may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Consolidated Telephone Company, 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. Consolidated Telephone Company may provide termination notice to you by email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Section 3, the third paragraph of Section 4, and Sections 6, and 11 of this Agreement shall survive termination of this Agreement.

11. MISCELLANEOUS.

This Agreement, the Acceptable Use Policy , the Privacy Policy , and Consolidated Telephone Company's other user policies posted on Consolidated Telephone Company's website constitute the entire agreement between you and Consolidated Telephone Company with respect to your use of the Services.

Consolidated Telephone Company may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective thirty (30) days after Consolidated Telephone Company posts notice to Members on Consolidated Telephone Company's Web site (http://www.brainerd.net) and/or on Member's Start Pages and/or by email and/or in our various publications and mailings to Members.

This Agreement is governed by Minnesota law without regard to conflict of law provisions.

Under California Civil Code Section 1789.3, Members or Visitors who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.

The federal and state courts located in Minnesota alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Minnesota with respect to such matters or otherwise between you and Consolidated Telephone Company, and waive your rights to removal or consent to removal.