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Qwest® High-Speed Internet Subscriber Agreement

1. A Advanced Service is only available with those CenturyLink Ease Plans which specifically include it Advanced Service is available to residential customers only and must be purchased per physical location and per high speed Internet line Advanced Service is only available with networking equipment e g modems and other wireless networking devices purchased or leased from CenturyLink CenturyLink certified technician results may vary depending on a number of factors including but not limited to the type and condition of Customer provided software equipment and other peripherals CenturyLink will use reasonable efforts to connect Customer devices to the network device However successful networking setup and maintenance are not guaranteed Modem port forwarding may need to be configured for specific network devices Configuration of network devices for specific functionality and demonstration of how to use network devices is not included in the Service B You may cancel your CenturyLink Ease plan that includes Advanced Service by contacting CenturyLink as provided in the second paragraph of this Agreement C Advanced Service includes 24 7 technical support for connectivity and security settings for covered equipment Same day or next day on site support for networking maintenance for covered equipment Enabling of wireless encryption for wireless networks Assistance connecting your peripheral devices 1 network device 1 printer and u
2. BE REQUIRED TO PAY THE EARLY TERMINATION CHARGE SET FORTH IN THIS AGREEMENT WHICH IS EQUAL TO 100 OF THE MRC MUTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE FIRST TWELVE 12 MONTHS OF THE TERM COMMITMENT PERIOD PLUS 40 OF THE MRC MUTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE TERM COMMITMENT PERIOD AFTER THE FIRST TWELVE 12 MONTHS FOR PURPOSES OF THIS SECTION MOVING CHANGING YOUR INTERNET SERVICE PROVIDER OR MAKING A CHANGE TO ANY PART OF YOUR SERVICE THAT CARRIES A TERM COMMITMENT IS CONSIDERED TERMINATION OF THE ENTIRE SERVICE THE EARLY TERMINATION CHARGE IS NOT A PENALTY RATHER IT IS AN OFFSET OR RECOVERY OF CENTURYLINK COSTS RELATED TO EARLY TERMINATION AND THE DISCOUNTS ASSOCIATED WITH YOUR TERM COMMITMENT THE EARLY TERMINATION CHARGE WILL BE WAIVED IF A YOU NOTIFY CENTURYLINK WITHIN 30 DAYS OF THE DATE YOU ORDERED THE SERVICE WITH A TERM COMMITMENT THAT YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND B CENTURYLINK HAS NOT PERFORMED AND YOU HAVE NOT USED ANY OF THAT SERVICE CenturyLink may waive the early termination charge if you move or upgrade Service your original term commitment period may start over After the term commitment period Service will continue month to month until terminated by you or by CenturyLink c Termination You may terminate this Agreement and your use of the Services at any time and for any reason by calling CenturyLink at 1 800 244 1111 Consumer Residential accounts 1 800 603 6000 Sma
3. above but may not resell Service provided over the WiFi hotspot This Agreement is intended solely for you and it will not benefit or be enforceable by any other person or entity CenturyLink may assign this Agreement and your rights and obligations under this Agreement in whole or in part at any time without notice to you and you agree to make all subsequent payments as directed If we do that we have no further obligations to you c Authorized Use You i are responsible for maintaining the confidentiality of passwords used with the Service ii are responsible for all use of the Service including your primary account and any secondary accounts or sub accounts registered to that account and will not permit any unauthorized use of the Service and iii will ensure that all use of the Service complies with this Agreement You are responsible for unauthorized and non compliant use of the Service d Compliance The Service cannot be used for any unlawful abusive or fraudulent purpose including without limitation using the Service in a way that i interferes with CenturyLink s ability to provide service to CenturyLink customers ii avoids your obligation to pay for services iii constitutes a criminal offense iv gives rise to a civil liability or v otherwise violates any law order ordinance governmental requirement or regulation or this Agreement e Monitoring and Testing the Service CenturyLink may but is not obligated t
4. are solely responsible for the content quality performance and all other aspects of the information or other content contained in or provided through your Web site and 3 CenturyLink has no interest in nor control over any of the content or information that is accessible on your Web site CenturyLink may without prior notice terminate or suspend your Web site if CenturyLink believes that you have violated this section B Domain Name 1 Use of Domain Name If CenturyLink provides you with a domain name that has CenturyLink s name or marks embedded therein CenturyLink Domain Name you may only use the CenturyLink Domain Name during the term of the Agreement CenturyLink owns and has the right to change the CenturyLink Domain Name Other than for identifying the location of your Web site you may not issue any public announcement regarding this Agreement or use the name or any marks of CenturyLink or any of its affiliates without the prior written approval of CenturyLink 2 Renewal of Domain Name If you have obtained a CenturyLink Domain Name you may request that CenturyLink automatically renew your CenturyLink Domain Name registration annually You will be charged an Annual Domain Name Registration fee for each such renewal If you do not request CenturyLink to automatically renew your CenturyLink Domain Name you will be responsible for renewal 3 Expiration or Termination of Domain Name If your CenturyLink Domain Name expires
5. be directed to http sitecontrol qwestoffice net xiv CenturyLink web help Service If you type a nonexistent or unavailable Uniform Resource Locator URL or enter a search term into your browser address bar the CenturyLink web help service will present you with a CenturyLink web help search page containing suggested links based upon the nonexistent or unavailable URL or query you entered rather than an NXDOMAIN or similar error message or a redirection from your browser or toolbar software If you have made a typing error in the browser address bar whereby you get the main name of the entity right but the prefix or suffix wrong such as wwww centurylink com or www centurylink con CenturyLink web help may correct the error and take you directly to that entity s home page in this example www centurylink com CenturyLink s home page The CenturyLink web help service may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser based or toolbar based search results pages If you would CenturyLink Inc All rights reserved 9 V44 121313 prefer not to receive the CenturyLink web help service you should follow the opt out instructions that are available by clicking on the http Awww qwest net web help link on the CenturyLink web help page c Networking CenturyLink Home Network Backer and CenturyLink Office Network Backer This Service has been grandfathered effective Au
6. be true accurate current and complete You may not impersonate any other person or use a username or password that you are not authorized to use F Rights You Grant To Us Regarding Your Information 1 Right to Collect Store and Use Your Information By submitting data materials content or other information collectively Information to CenturyLink you are licensing that Information to CenturyLink for the purpose of providing the CenturyLink Ease Home Management service By submitting Information to CenturyLink or allowing CenturyLink to collect such Information you represent that you are entitled to submit it to CenturyLink for use for this purpose without any obligation by CenturyLink to pay any fees or other limitations 2 Right to Create and Use Anonymous and Aggregate Data By using the CenturyLink Ease Home Management service you expressly authorize CenturyLink to create from the Information it collects non personally identifying anonymous or aggregate data and to use and disclose such anonymous or aggregate data in a non personally identifiable manner 3 CenturyLink cannot and does not guarantee the privacy security or authenticity of any information so transmitted over or stored in any system connected to the Internet G Your Other Duties If your CenturyLink Ease Home Management equipment contains any batteries you are responsible for replacing those batteries at your own expense You are responsible for obta
7. copyrights trademarks service marks or other proprietary rights or notices of CenturyLink or a third party that appear or are used in connection with the Software or the Service You agree that the Software is the confidential and proprietary property of its owner and may not be disclosed or reproduced unless specifically authorized by CenturyLink or the third party licensor or supplier In addition you agree that you will not de compile disassemble reverse engineer or otherwise reduce the Software to a human readable form d Ownership You acknowledge that CenturyLink or the third party licensor or supplier of the Software as applicable own all right title and interest including without limitation all copyright patent trademark and trade secret rights in the Software and related documentation updates and upgrades You are not granted any ownership rights in the Software and may not sublicense loan rent lease distribute share or otherwise transfer the Software to any one else e No Export The Software may be used only in the United States and any export of the Software is strictly prohibited f Updates Upgrades or Changes CenturyLink may update upgrade or change the Software and related settings on your computer from time to time You agree to cooperate with CenturyLink in performing such activities A program downloaded to your computer when Service is installed will perform automatic updates to certain Service related Software
8. damages in any way arising from or related to any Spam transmitted by or in any way connected to you or your account to the extent such actual damages can be reasonably calculated If actual damages cannot be reasonably calculated you agree to pay CenturyLink liquidated damages of five U S dollars 5 00 for each piece of Spam transmitted from or otherwise connected with you or your account You will not however be liable for actual or liquidated damages arising from Spam generated from you or your account if you establish that the Spam was sent as a result of a virus or worm or other malicious software infection and if you have taken reasonable actions to prevent and resolve such infections and stop the Spam 10 Privacy CenturyLink may provide customer information to third parties or governmental entities when required or permitted by law to establish rights or obligations under this Agreement or to protect CenturyLink s or others rights or property regarding our services or the services of other providers from fraudulent abusive or unlawful use of or subscription to such services See also CenturyLink Privacy Policies posted at www centurylink com Pages AboutUs Legal PrivacyPolicy which may change from time to time Additionally CenturyLink its affiliates and third party vendors may access and use information regarding your bandwidth usage and performance of your Equipment Software and Service to a perform related registration E
9. is returned by you pursuant to this Agreement and has been received by CenturyLink iii Delivery and Installation of Equipment Equipment may be delivered to you only in the United States You understand that you are responsible for self installing the Equipment once you receive it unless you select a technician installation from CenturyLink for an additional charge You are encouraged to complete installation of the Equipment promptly because you will be responsible for full payment for the charges on your bill even if you have not yet installed the Equipment and used the Service at the time the bill is rendered Information on installation procedures is located at http Awww centurylink com home internet installation html iv Damaged Defective Equipment lf the Equipment is inoperable technical support is available at 1 888 777 9569 If CenturyLink deems the Equipment has a manufacturing defect the Limited Warranty set forth in the Warranty section below will CenturyLink Inc All rights reserved 10 V44 121313 apply if it has not expired If the Equipment fails as a result of a manufacturing defect after the Limited Warranty has expired or fails for any other reason you may request that CenturyLink deliver replacement Equipment Any such replacement Equipment will be charged to you at CenturyLink s then current rates plus shipping and handling and any applicable Taxes If CenturyLink provides you replacement leased Equipment ou
10. it will be placed in redemption status starting thirty 30 days after expiration The redemption status period lasts for up to thirty 30 days If you ask CenturyLink to reinstate your CenturyLink Domain Name during the redemption status period you will be charged a domain name reinstatement charge Your e mail and Web hosting will not function while your CenturyLink Domain Name is in redemption status Your CenturyLink Domain Name may not be reinstated after the redemption status period CenturyLink Inc All rights reserved 3 V44 121313 has expired If you want to terminate your CenturyLink Domain Name please contact CenturyLink at http sitecontrol qwestoffice net to request termination You will need to specify that you would like to cancel your CenturyLink Domain Name The cancellation of your CenturyLink Domain Name does not automatically terminate your Web site or other Service under this Agreement C Web Hosting Storage Space and Other Limitations Your Web hosting storage space is limited Limits are based on your Service type and are available at http sitecontrol qwestoffice net and http www qwest com smallbusiness internet qwestnet_features html CenturyLink Web hosting accounts may not be used for purposes of distributing and storing excessive amounts of multimedia files Multimedia files are defined as any graphics audio and video files Any Web hosting site whose disk space usage for storing multimedia files exceeds 70 of
11. its total usage in terms of total size or number of files will be considered to be using an excessive amount D Traffic Allowance Traffic limits are located at hittp sitecontrol qwestoffice net If you exceed your traffic allowance you will be charged a traffic overage charge depending on the resources utilized and you may be given the option to either a reduce the resources used to an acceptable level or b upgrade your Service to a higher priced plan E Databases Any database stored on CenturyLink s servers will be limited in size to 10 of the total disk space allotted for that particular domain s plan Web site account F Ownership of Web Site The legal owner of any Web site or account with CenturyLink will be the individual or organization whose name is listed in CenturyLink s database as the owner Customer will fully cooperate with and abide by any and all of CenturyLink s security measures and procedures in the event of any dispute over ownership of Customer s Web site or account with CenturyLink You own all graphics text or other information or content supplied by you for incorporation into or delivery through your Web site CenturyLink owns any software developed or modified by CenturyLink and all graphics text or other information or content materials supplied by CenturyLink for incorporation into your Web site CenturyLink Materials You may only use the CenturyLink Materials in association with your Web s
12. mobile device or via email but CenturyLink will not contact you or respond or send anyone e g the police or fire department to respond to the incident If you believe that there is an intruder or other potentially dangerous situation in your home you should contact local law enforcement and not attempt to respond to the situation yourself CENTURYLINK IS NOT RESPONSIBLE FOR ANY LOSS LIABILITY OR DAMAGES INCLUDING PERSONAL INJURY OR DEATH THAT RESULT DIRECTLY OR INDIRECTLY FROM RESPONDING OR FAILING TO RESPOND TO AN ALERT FROM CENTURYLINK EASE HOME MANAGEMENT OR FROM ANY DEFECT OR MALFUNCTION ASSOCIATED WITH CENTURYLINK EASE HOME MANAGEMENT D High Speed Internet Connection CenturyLink Ease Home Management requires a connection to the Internet via CenturyLink High Speed Internet service in order to work If your CenturyLink High Speed Internet service is not functioning properly your CenturyLink Ease Home Management service will not function properly and you will not be able to monitor your home via CenturyLink Ease Home Management E Account Username and Password You are responsible for safeguarding your password and you agree not to disclose your password to any third party You are solely responsible for any activities or actions taken under your username whether or not you have authorized such activities or actions You agree that the information that you provide to CenturyLink upon registration and at all other times will
13. on a regular basis This program may collect certain information necessary to perform this function Any information collected as part of this process will be treated in CenturyLink Inc All rights reserved 11 V44 121313 accordance with CenturyLink s Privacy Policies You may choose to turn off the automatic updates function If you order new Services from CenturyLink at a later date and the automatic updates feature has been turned off you may be prompted at that time to update Software currently on your computer before the new Software can be downloaded g Termination CenturyLink may discontinue provision of the Software for any reason including without limitation if CenturyLink s agreement with a software vendor is terminated Additionally for certain third party vendors Software will no longer be functional if i you or your End Users discontinue subscribing to the vendor product for which the Software was provided or to CenturyLink s Service ii this Agreement is terminated for any reason whatsoever or iii when your prepaid term for Service under this Agreement expires and you have not purchased a new term Upon termination of your Service or CenturyLink notice to you of discontinuance of the Software offering for any reason you must immediately stop using the Software associated with the terminated Service and destroy any copies you may have and delete it from your computer h Federal Procurements This section applies
14. size limit will not be delivered and you will receive a notice that the e mail was too large CenturyLink e mail accounts may not be used for purposes of distributing and storing excessive amounts of multimedia files Multimedia files are defined as any graphics audio and video files Additional User IDs provided for e mail boxes are not intended for use as dial up connections Any usage associated with CenturyLink Inc All rights reserved 2 V44 121313 additional e mail box User IDs will be charged the per hour rate associated with usage above the monthly allotment for dial in access where available iii Only you may use your e mail account You must keep your e mail accounts and passwords confidential and not authorize any third party to access or use the e mail accounts on your behalf You must contact us right away if you suspect misuse of your e mail accounts or any security breach in the Service For some parts of the Service you may be able to set up additional accounts that are dependent on your account associated accounts If you use associated e mail accounts you represent and warrant that you are authorized to accept this contract on behalf of the individuals using those e mail accounts You are responsible for all activity that takes place with your Service account and any associated e mail accounts If you use an associated e mail account you acknowledge that the holder of the Service account has full control over you
15. Agreement to another without CenturyLink s prior written consent ii you agree not to mishandle abuse misuse or improperly store or operate the Equipment including using the Equipment with equipment electrically or mechanically incompatible with or of inferior quality to it and iii you agree if the Equipment is damaged by you and or non operational or malfunctioning for reasons other than a manufacturing defect at anytime during the term of this Agreement or upon termination of this Agreement CenturyLink may charge you for its full retail cost not to exceed 150 the Equipment Charge CenturyLink does not refund or credit leases so please call CenturyLink immediately if your leased Equipment is not working properly for replacement Equipment If you are leasing Equipment and wish to instead purchase Equipment from CenturyLink the terms and conditions specific to purchased equipment will apply If you purchase Equipment from CenturyLink other than Equipment you are renting from CenturyLink you are required to return your leased Equipment according to the Return Policy amp Procedure Lease payments are due for every month you lease the Equipment and lease payments do not count towards a purchase of the Equipment ii Purchased Equipment You will be deemed the owner of the purchased Equipment and bear all risk of loss of theft of casualty to or damage to the Equipment from the time it is received by you until the time if any when it
16. CenturyLink High Speed Internet Subscriber Agreement This CenturyLink High Speed Internet Subscriber Agreement together with the exhibits and materials referenced herein Agreement is between CenturyLink and the end user of the CenturyLink service s and equipment described below you or Customer For Customer convenience this Agreement combines obligations of multiple CenturyLink entities but does not create joint liability between the CenturyLink entities The particular CenturyLink entity providing you Service Equipment and or Software and the provision and receipt of such is subject to all provisions of this Agreement unless otherwise specified herein Please review the Agreement carefully it governs your use and CenturyLink s provision of the Service Software and Equipment BY ENROLLING IN ACTIVATING USING OR PAYING FOR THE SERVICE AND OR EQUIPMENT FAILING TO RETURN THE EQUIPMENT AND CANCEL SERVICE WITHIN 30 DAYS AFTER ORDERING SERVICE OR EQUIPMENT OR INSTALLING THE EQUIPMENT YOU AFFIRM THAT YOU UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT EVEN IF YOU CHOOSE NOT TO READ IT FURTHER YOU AFFIRM THAT YOU UNDERSTAND AND AGREE TO THE PRICES AND CHARGES QUOTED TO YOU DURING THE ORDERING PROCESS AND OTHER TERMS AND CONDITIONS PROVIDED TO YOU DURING THE ORDERING PROCESS AND ON hitp qwest centurylink com legal highspeedinternetsubscriberagreement and http qwest centurylink com legal ALL OF WHIC
17. CenturyLink Ease Home Management service Do not attempt to access or otherwise interfere with the account of other users of the Site or CenturyLink Ease Home Management service e Spam Do not send bulk unsolicited emails SPAM or sell or market any product or service using the Site or CenturyLink Ease Home Management service Do not facilitate or cooperate in the dissemination of SPAM Do not violate the CAN SPAM Act of 2003 f Fraud Do not issue fraudulent offers to sell or buy products services or investments Do not commit fraud in any way g Generally Do not use the Site or CenturyLink Ease Home Management service in any manner not permitted by these Terms of Use Do not encourage or instruct any other individual or entity to do any of the foregoing Do not violate any law rule or regulation J Right to Cancel The last paragraph of this Agreement applies to your right to cancel CenturyLink Ease Home Management service Specifically with respect to CenturyLink Ease Home Management if you cancel service and any installment payments remain with respect to any CenturyLink Ease Home Management equipment such payments will be immediately due and payable and the sum of the remaining installment payments will be reflected on your next monthly bill K Limitation of Liability CenturyLink Ease Home Management has the ability to record videos of your home You are responsible for any videos and any use of them CenturyLin
18. H ARE INCORPORATED BY REFERENCE AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND ARE BOUND BY IT IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT INCLUDING FUTURE REVISIONS DO NOT USE THE SERVICE OR EQUIPMENT CALL CENTURYLINK AT 1 800 244 1111 Consumer Residential accounts 1 800 603 6000 Small Business accounts or 1 800 777 9594 Global Business amp Government Services accounts TO CANCEL THE SERVICE IMMEDIATELY AND RETURN THE EQUIPMENT TO CENTURYLINK ACCORDING TO THE RETURN POLICY amp PROCEDURE FOUND IN THE EQUIPMENT BOX BLACK amp WHITE CARD OR IN THE USER MANUAL User Manual 1 Definitions AUP means the CenturyLink Acceptable Use Policy posted at http qwest centurylink com legal including all future revisions Equipment means CenturyLink provided modem s and equipment to enable networking which may include without limitation USB adaptors and or wireless cards Force Majeure Event means an unforeseeable event beyond the reasonable control of a party including without limitation act of God fire flood labor strike or unrest sabotage cable cuts acts of terror power shortage or power failure e g rolling blackouts material shortages or unavailability or other delay in delivery not resulting from CenturyLink s failure to timely place orders therefore lack of or delay in transportation government codes laws regulations ordinances rules or res
19. IMPLIED WARRANTY OR OTHERWISE LIMITED WARRANTY i This Equipment is warranted by CenturyLink to the person originally purchasing or leasing the Equipment and no others to be free of manufacturing defects A during the term of the modem lease only for modems leased from CenturyLink B for a period of one year from the date of Equipment purchase for networking equipment purchased from CenturyLink other than a modem if Network Backer service is also purchased and or modems purchased from CenturyLink and C for a period of 30 days from the date of Equipment purchase or lease for networking equipment other than a modem purchased or leased from CenturyLink if Network Backer service is not purchased Notwithstanding the foregoing any unexpired limited warranty period for networking equipment will expire immediately upon termination of your Network Backer service and you will have no further warranty for such equipment ii This Limited Warranty covers only the basic operations of the Equipment and CenturyLink does not warrant the compatibility of the Equipment with any computer operating system or networking equipment nor does this Limited Warranty cover any defect present in any computer network or operating or other system If the Equipment malfunctions due to a manufacturing defect before the one year term expires CenturyLink will replace or repair it at its option without charge so long as A you notify CenturyLink by cal
20. Internet access service this Agreement does not apply to your Internet access service but does apply to all other Services Software and Equipment you receive from CenturyLink and you will be subject to the third party provider s terms After commencement of your high speed Internet service if the provider you selected either 1 no longer has a relationship with CenturyLink 2 you change speeds and your current ISP is not supported at the new speed or 3 will no longer offer the service in your area CenturyLink may contact you to determine a qualifying replacement provider In such situation CenturyLink will allow you to move to a replacement provider and will waive the associated destination change charge CenturyLink may charge you a destination change charge for any other change in Internet service provider i Account Usage and Password You will receive a user name and password upon completing the registration process You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under your user name or password including payment for all such activities You agree A that only you and your authorized designees will use your user name and password and that you will not transfer or disclose either your user name or password to any other person B to immediately notify CenturyLink of any unauthorized use of your user name or password or any other breach of se
21. NON INTERFERENCE COMPATIBILITY OF COMPUTER SYSTEMS INTEGRATION AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES CENTURYLINK DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED ERROR FREE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS NO ADVICE OR INFORMATION GIVEN BY CENTURYLINK ITS AFFILIATES ITS AGENTS OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS AGREEMENT OR CREATE ANY WARRANTY CENTURYLINK IS NOT RESPONSIBLE FOR DEFACEMENT MISUSE ABUSE NEGLECT IMPROPER USE IMPROPER ELECTRICAL VOLTAGES OR CURRENT REPAIRS BY OTHERS ALTERATIONS MODIFICATIONS ACCIDENTS FIRE FLOOD VANDALISM ACTS OF GOD OR THE ELEMENTS CENTURYLINK TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK CENTURYLINK MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW 16 Indemnification You agree to indemnify defend and hold harmless CenturyLink and its affiliates contractors officers directors employees or agents from any and all third party claims liabilities costs and expenses including reasonable attorney fees and punitive damages arising from a violation of any provision of this Agreement b
22. PROPERTY AS LIMITED IN SECTION 13 ABOVE OR BODILY INJURY OR DEATH DIRECTLY CAUSED BY CENTURYLINK S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE EXCEPT FOR DAMAGES DESCRIBED IN THE PREVIOUS SENTENCE YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION CENTURYLINK AND OUR AFFILIATES AGENTS AND CONTRACTORS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO OR LOSS OR DESTRUCTION OF ANY OF YOUR SOFTWARE FILES DATA OR PERIPHERALS REGARDLESS OF THE CAUSE Damages under this Section will be subject to the limitation of liability in this Agreement but not the Damage Cap TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW 15 Warranty a Limited Warranty for Equipment CenturyLink extends a Limited Warranty to the original lessor or purchaser you for the Equipment The terms of the Limited Warranty are set out below the Limited Warranty and are part of this Agreement A copy of the Limited Warranty is also available upon request from CenturyLink at no charge Nothing in this Agreement will be deemed to alter the terms of the Limited Warranty THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT WHETHER ARISING UNDER THE LIMITED WARRANTY UNDER A LEGALLY EFFECTIVE
23. S LOST OR IMPUTED PROFITS OR REVENUES LOSS OF INFORMATION OR DATA COSTS OF COVER INTERRUPTED SERVICE OR RELIANCE UPON THE SOFTWARE AND OR ASSOCIATED DOCUMENTATION ARISING OUT OF CenturyLink Inc All rights reserved 15 V44 121313 OR RELATED TO THIS AGREEMENT SERVICE SOFTWARE OR EQUIPMENT EVEN IF ANY SUCH DAMAGES ARE CAUSED BY CENTURYLIM ITS AFFILIATES AGENTS OR CONTRACTORS c THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IN SECTION 15 BELOW IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT WITH REGARD TO ANY SERVICE RELATED CLAIM FOR DAMAGES THAT IS NOT LIMITED BY THIS SECTION 13 YOUR EXCLUSIVE REMEDIES FOR SUCH CLAIM WILL BE LIMITED TO THE TOTAL MRCs OR USAGE CHARGES PAID BY YOU TO CENTURYLINK FOR THE AFFECTED SERVICE IN THE ONE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM CENTURYLINK S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL MRCs AND USAGE CHARGES PAID BY YOU TO CENTURYLINK UNDER THIS AGREEMENT IN THE ONE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM DAMAGE CAP d CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF OTHER PROVIDERS ADDITIONALLY IF PART OF THE SERVICE IS PROVIDED BY A THIRD PARTY AND THE THIRD PARTY FAILS TO PROVIDE THAT SERVICE CENTURYLINK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DEFICIENCIES IN OR LACK OF SERVICE
24. Service prior to that date Beginning January 1 2014 CenturyLink will begin transitioning business customers with this grandfathered service to savvisdirect web hosting Upon transition your Web Hosting Service will be governed by the savvisdirect terms and conditions located at http savvisdirect com legal tc and not by this Agreement If you ordered your Core Connect Bundle before May 1 2013 and are unsure which set of terms and conditions apply to your web hosting service contact your CenturyLink Representative for more information Customers ordering Web hosting on or after May 1 2013 are governed by the savvisdirect terms and conditions located at http savvisdirect com legal tc and not by this Agreement This section does not apply to CenturyLink Personal Digital Vault Service CPDV CPDV is purchased under a separate agreement available at http qwest centurylink com legal digitalvault Prior to using the CenturyLink Office Backup you must activate the Service via SiteControl Additional CenturyLink Office Backup Service plans are available to Office Plus customers as an option and additional charges may apply System requirements and features of the Service are set forth at http help qwestoffice net The following additional terms and conditions apply to your use of CenturyLink Office Backup Service A Use of the Service requires download of software to your PC During the download process you will be asked to revi
25. ate of termination d Return of Leased Equipment Upon termination you must promptly return your leased Equipment to CenturyLink by following the return process found in the Equipment box black and white card or in the User Manual CenturyLink will at its option either 1 charge you the Equipment Charge if CenturyLink does not receive the Equipment within 30 days after termination 2 charge you the Equipment Charge upon termination and credit you back for such charge ONLY if CenturyLink receives your Equipment within 30 days following termination or 3 continue to charge you the monthly lease charge for the Equipment until CenturyLink receives the Equipment e Deletion of Data upon Termination Upon termination of your Service CenturyLink may immediately delete all data files and other information stored in or for your account or on your Web site without notice In certain circumstances you may request that CenturyLink reactivate your account and restore your deleted Web hosting and e mail data CenturyLink must receive your request no later than 90 days after termination f Seasonal Service Vacation Service Residential customers with qualifying Service may temporarily suspend Service Seasonal Service or Vacation Service for a minimum of 30 days at CenturyLink s then current Vacation Service rates and charges If you put your Service on Seasonal Service your Service and any related Internet access will be unavaila
26. ble for your use And if you use your Service to support Internet based calling e g voice over Internet protocol VoIP you will not be able to make any incoming or outgoing calls including 911 calls from your service address unless and until you have CenturyLink re activate your Service While you are on Seasonal Service any term commitment period will continue to run 13 Limitation of Liability TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW a YOU ASSUME TOTAL RESPONSIBILITY FOR USE RESULTS OF USE AND PERFORMANCE OF THE SERVICE SOFTWARE EQUIPMENT AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK CENTURYLINK EXERCISES NO CONTROL OVER AND DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT CREATED OR ACCESSIBLE USING THE SERVICE SOFTWARE OR EQUIPMENT AND FOR ACTIONS TAKEN ON THE INTERNET CENTURYLINK RECOMMENDS YOU DO NOT USE THE SERVICE IN HIGH RISK ACTIVITIES WHERE AN ERROR COULD CAUSE DAMAGE OR INJURY b REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY LOSS OR DAMAGE CENTURYLINK ITS AFFILIATES AGENTS AND CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL INDIRECT SPECIAL RELIANCE PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY LOSS OF USE LOSS OF BUSINES
27. ce Charge to the same payment method to which the Advance Charge was applied e g credit card or to your monthly service bill or 3 such other option that you and CenturyLink may agree to No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty iii Repaired Replacement Equipment CenturyLink may use new or reconditioned parts to repair the Equipment or replace the Equipment with new repaired or reconditioned Equipment all at the sole discretion of CenturyLink This Limited Warranty will apply to the replaced or repaired Equipment for ninety 90 days or until the end of the warranty period set forth herein whichever is longer All replaced products or parts become the property of CenturyLink and will not be returned iv Exceptions and Exclusions This Limited Warranty does not cover defects due to defacement misuse abuse neglect improper use improper electrical voltages or current repairs by others alterations modifications accidents fire flood vandalism acts of God or the elements No advice or information given by CenturyLink its affiliates its contractors or their respective employees will vary the terms of the Limited Warranty v No Other Express Warranties and Limitation of Implied Warranties This Limited Warranty is the only express warranty extended by CenturyLink in connection with the Equipment Implied warranties which may not be disclaimed are limited in t
28. curity and C to ensure that you exit from your account at the end of each session Authorized designees means members of your family or business associates that you at your own risk and responsibility permit to access the Internet access service using your user name and password You must ensure that any such authorized designees will comply with this Agreement and you will be responsible for all use of the Internet access service and any other services accessed through the Internet access services on your account whether or not authorized by you You acknowledge that you are aware that certain content accessible through the Internet access service may contain material that is unsuitable for minors Accordingly you agree to supervise any minor s use of the Internet access service through your account CenturyLink will not be liable for any loss or damage arising from your failure to comply with this Section CENTURYLINK RECOMMENDS USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE ii E mail Storage Space and Other Limitations Your mailbox storage space the size of outgoing and incoming e mail and the number of mailboxes available to you are limited Limits are based on your Service type and are listed at http sitecontrol qwestoffice net http Awww qwest net and http my qwest net nav4 help your_acct quota_warning html When a mailbox reaches its limit you will not be able to receive or send e mail Additionally e mail that exceeds the
29. e CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IF SERVICE CHANGES REQUIRE EQUIPMENT CHANGES DEGRADE EQUIPMENT PERFORMANCE OR SERVICE PERFORMANCE WITH THE EQUIPMENT OR MAKE EQUIPMENT OBSOLETE f As part of providing Service we may access your premises computer hardware and software and your networking and high speed Internet related equipment We do not represent or warrant that the technicians doing such work have any special expertise regarding your computer or such equipment CenturyLink liability is limited to damage arising from willful misconduct or grossly negligent acts of CenturyLink technicians in accessing your premises computer or networking and high speed Internet related equipment up to 500 This is your sole remedy for such activity and neither CenturyLink nor its affiliates agents or contractors is liable for any other damages loss or destruction regardless of the theory whether direct indirect incidental special or consequential This is a limitation upon the remedy for such grossly negligent or willful misconduct and is NOT part of any benefit under this Agreement g Any claim or dispute arising out of or relating to this Agreement must be brought within one year after the cause of action arises 14 Personal Injury Death and Property Damage CENTURYLINK S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF CENTURYLINK RELATED TO THIS AGREEMENT WILL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL
30. e other than software support provided as part of your CenturyLink Ease 12 99 Plan Removal of viruses spy ware and ad ware other than via PC Tune Up or one of the Norton products provided as part of a CenturyLink Ease Plan e Configuration of network devices for specific functionality and demonstration of how to use network devices e Printer drivers cables to connect Customer equipment to the networking modem NIC card or wireless equivalent CenturyLink Inc All rights reserved 6 V44 121313 E Misuse or Abuse Suspected misuse or abuse of any computer support may result in termination of your CenturyLink Ease plan or any Advanced Service CenturyLink reserves the right to limit the amount of time spent on any single issue and recommend the dispatch of an in home technician at additional costs to you in order to resolve the issue and may decline certain services or operations outside of the scope of your CenturyLink Ease plan or any Advanced Service x CenturyLink Ease Home Management CenturyLink High Speed Internet customers are eligible to purchase CenturyLink Ease Home Management services CenturyLink Ease Home Management services consist of equipment and access to an online portal the Site where you can control your equipment CenturyLink Ease Home Management If you at any time purchase CenturyLink Ease Home Management services to use with your High Speed Internet service this section also applies
31. ed by or through CenturyLink is subject to the third party provider s terms and CenturyLink is not responsible or liable for any such services software or equipment 6 Software a Software Use of the Service may require or enable you to download or otherwise install or use certain software that is owned by CenturyLink or by third parties the Software By installing the Software and using the Services or using Equipment with embedded Software you are agreeing to abide by all of the terms and conditions of this Agreement that relate to the Software including without limitation the terms and conditions of this Section b License If the Software is accompanied by an end user license agreement EULA your use of the Software is governed by the terms of that agreement and by the terms of this Agreement where applicable You must accept and agree to the terms of the EULA before installing the Software and using the Service If the Software is not accompanied by a EULA CenturyLink grants you a limited personal revocable nonexclusive nontransferable non assignable license to install and use the Software for purposes of using the Service and or Equipment The license is effective upon the earlier of delivery or installation and extends only to Customer s own use of such Software and only on the designated Equipment or with the designated Service c No Modification You may not modify the Software in any way or change or delete any
32. erable non assignable right and license to use the Service in accordance with the terms and conditions of this Agreement No other license or rights are granted by CenturyLink or will be implied or arise by estoppel with respect to any Service j Location Based Advertising You may receive advertisements based on the geographic area associated with your IP address unless you specifically opt out at http LocationBasedAdvertising Centurylink com CenturyLink does not share your address or any personally identifiable information with advertisers and you will not see additional advertisements as a result of this program but you may see advertisements that are more relevant to your geographic area 8 Installation Maintenance and Support You may choose on site installation for a charge or select the self installation method Charges may apply for certain maintenance trouble isolation and support services and if a technician is dispatched Charges may be per technician may vary depending on when services are performed e g time of day and weekday holiday or weekend and may include a minimum charge regardless of the actual number of hours worked CenturyLink will notify you of any applicable charges in advance of you incurring such charges If you report trouble you must pay a dispatch charge if the trouble is not found in CenturyLink facilities no charge if CenturyLink later finds the trouble was in CenturyLink facilities or CenturyLink eq
33. ess and at the time s you order Service and or Equipment You are responsible for any charges associated with the Service and Equipment including without limitation Equipment purchase and or lease charges monthly Service charges and charges related to installation or activation maintenance delivery shipping and handling changes to Service and Taxes In the event CenturyLink offers the ability to pay any of the charges in installment payments over time Installment Option the aggregate payments under the Installment Option may be greater than the charge s paid by customers who pay the total charge s in one payment You will not be eligible for any discounts or promotional offers other than those you qualify for at the time you order qualifying Service and or Equipment unless the discount or promotional offer specifically states that existing customers are eligible and in that instance you will receive the discount or promotional offer strictly in accordance with its terms Customers who move Service or disconnect and reconnect Service may not be eligible for promotional pricing available to new customers You may only take advantage of one special pricing promotion per Service per account during any twelve month period b Payment i Billing Charges are billed monthly with MRCs and NRCs billed in advance and usage and governmental charges billed in arrears You will pay all billed charges by the due date set forth in your billing s
34. ew and agree to the terms of a third party end user license agreement EULA B The Service provides remote storage and backup capability of data from your PC s hard drive Storage space available for backups is limited by the plan you select If you exceed the storage space allotted to you for your plan you will receive an error message and backup will not proceed until you either delete unneeded files from your backup so that sufficient storage space becomes available or you purchase a plan with sufficient additional storage space Deleting files CenturyLink Inc All rights reserved 5 V44 121313 removes them from all stored backup versions and they will no longer be accessible for recovery You will be solely responsible to determine what data gets backed up and the backup intervals C If you access CenturyLink Office Backup Service from outside of the United States any information that you transmit through the Service will be transferred to the United States and stored in servers located there which may be owned and maintained by a third party processor CenturyLink contractually requires such processors to maintain your personally identifiable information under specific confidentiality terms which comply with United States law Your information may be subject to less protective data protection laws than the country in which you are located D CenturyLink Office Backup Service is not an archival service You are solely res
35. from CenturyLink s graphics library are licensed from third party suppliers Background Technology means computer programming formatting code or operating instructions developed by or for CenturyLink and used to create any portion of a Web site or used to operate the Web site or a Web server in connection with a Web site Background Technology includes but is not limited to any files necessary to make forms buttons checkboxes and similar functions and underlying technology or components such as style sheets Web site templates animation templates interface programs that link multimedia and other programs customized graphics manipulation CenturyLink Inc All rights reserved 4 V44 121313 engines and menu utilities whether in database form dynamically driven or provided in any other format Background Technology does not include any of your Content or any derivatives improvements or modifications of your Content 2 Limited License to CenturyLink Materials Third Party Materials and Background Technology Subject to these Design Terms CenturyLink hereby grants you a perpetual nonexclusive license to copy distribute transmit display and perform any and all CenturyLink Materials Third Party Materials and Background Technology that is incorporated into your Web site in whole or in part solely as necessary for you to operate maintain and make the Web site available in the normal course of your business You may not duplicate
36. ginning January 1 2014 CenturyLink will begin transitioning business customers with this grandfathered service to savvisdirect web hosting Upon transition your Web Hosting Service will be governed by the savvisdirect terms and conditions located at_http savvisdirect com legal tc and not by this Agreement If you ordered your Core Connect Bundle before May 1 2013 and are unsure which set of terms and conditions apply to your web hosting service contact your CenturyLink Representative for more information Customers ordering Web hosting on or after May 1 2013 are governed by the savvisdirect_terms and conditions located _at_http sawvisdirect com legal tc and not by this Agreement Some CenturyLink customers are eligible to receive optional Web hosting packages described more fully on the CenturyLink Web site Additional charges may apply If you are an eligible Web hosting customer CenturyLink will provide the Services described for the package you select including space on a shared Web server for your Web site as well as assistance with domain name registrations If you use the Web hosting feature of the Services this section also applies to your use of the Services A Customer Responsibilities You acknowledge and agree that 1 the use of your Web site and any content information and all other aspects of your Web site will comply with the AUP and any applicable laws and will not violate any rights of another 2 you
37. gust 21 2008 and is only available to customers who ordered CenturyLink Home Network Backer or Office Network Backer prior to that date i CenturyLink s Home Network Backer and Office Network Backer collectively Network Backer services are only available to CenturyLink High Speed Internet customers excluding IDSL who also purchased CenturyLink provided networking equipment and CenturyLink provided Internet access and must be purchased per physical location and per high speed Internet line ii Network Backer Service is provided on a month to month basis You may cancel Network Backer by contacting CenturyLink as provided in second paragraph of this Agreement iii Network Backer services include A 24 7 telephone and on site support for connectivity security settings and simple file and print sharing on wireless networks created with CenturyLink provided networking equipment B High speed Internet application software that assists CenturyLink in providing the support referenced above CenturyLink also provides regular updates to such software If Network Backer service is cancelled CenturyLink will turn off the applications in the modem and C Configuration of high speed Internet application software iv Network Backer services do not include any items not specifically listed as included above including without limitation A Issues related to the establishment or use of a wireless fidelity WiFi hots
38. hargeback fee If CenturyLink is unable to charge your credit card for any reason CenturyLink will assess a charge that will be the greater of ten dollars 10 00 or five percent 5 of the amount due plus an interest charge of 1 5 per month on the amount due until paid Additionally you may be subject to Service suspension or account termination at CenturyLink s discretion You will not pay for the Services as defined above or any related services you may purchase with funds obtained through the American Recovery and Reinvestment Act or ARRA or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in this Agreement or in an Amendment to this Agreement CenturyLink Inc All rights reserved 14 V44 121313 12 Term and Termination a Month to Month Term Unless otherwise specified herein Service is offered on a monthly basis for a term that begins on the date your Service order is completed ends on the last day of the billing cycle during which you placed the order for Service and automatically renews monthly b Term Commitment and Early Termination Charge IF YOU ORDER SERVICE WITH A TERM COMMITMENT YOU AGREE TO MAINTAIN THAT SERVICE FOR THE ENTIRE TERM COMMITMENT PERIOD IF YOU TERMINATE THAT SERVICE BEFORE THE END OF THE TERM COMMITMENT PERIOD YOU WILL
39. ime to the duration of this Limited Warranty and all remedies for all such implied warranties are restricted to the remedy and procedure set forth for this Limited Warranty This Limited Warranty is in lieu of all other warranties however arising and all such other warranties are hereby disclaimed Some states do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you vi This Limited Warranty is extended to the person originally purchasing or leasing the Equipment and no others by CenturyLink 5 William White Blvd Pueblo CO 81001 4894 Consumer Residential Accounts please call 1 800 244 1111 Small Business Accounts please call 1 800 603 6000 Global Business amp Government Services Accounts please call 1 800 777 9594 If you have questions or comments call or write us at the above number or address vii This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state b Disclaimer of Warranties THE SERVICE SOFTWARE AND EQUIPMENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITH ALL FAULTS EXCEPT FOR THE LIMITED WARRANTY IN THE PRECEEDING SECTION CENTURYLINK PROVIDES THE SERVICE SOFTWARE AND EQUIPMENT WITHOUT WARRANTIES OF ANY KIND WRITTEN OR ORAL STATUTORY EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE NONINFRINGEMENT MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE ACCURACY
40. ining any applicable permits or licenses if permits or licenses are required by the city or county of your home CenturyLink Inc All rights reserved 7 V44 121313 H Warranty 1 1 YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK THE SITE AND SERVICE AND ALL RELATED DOCUMENTATION MATERIALS INFORMATION ALERTS AND SERVICES INCLUDED THEREIN OR RELATED THERETO ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND CENTURYLINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE NON INFRINGEMENT OR NON MISAPPROPRIATION OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY CUSTOM COURSE OF DEALING TRADE QUIET ENJOYMENT OR ACCURACY OF INFORMATIONAL CONTENT OR RESULTS OR SYSTEM INTEGRATION AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT CenturyLink makes no warranties a regarding the security accuracy reliability timeliness and performance of the Site or CenturyLink Ease Home Management service b that the Site or CenturyLink Ease Home Management service will be error free or that any errors will be corrected c that the CenturyLink Ease Home Management service will meet your needs or requirements d or that the content that may be available through the Site and CenturyLink Ease Home Management ser
41. ite and only during the term of this Agreement vii Web Design Tools and Templates NOTICE This service has been grandfathered effective May 1 2013 and is only available to business customers who ordered Web hosting Service prior to that date Beginning January 1 2014 CenturyLink will begin transitioning business customers with this grandfathered service to savvisdirect web hosting Upon transition your Web Hosting Service will be governed by the savvisdirect terms and conditions located at_http savvisdirect com legal tc and not by this Agreement If you ordered your Core Connect Bundle before May 1 2013 and are unsure which set of terms and conditions apply to your web hosting service contact your CenturyLink Representative for more information Customers ordering Web hosting on or after May 1 2013 are governed by the savvisdirect terms and conditions located at http savvisdirect com legal tc and not by this Agreement CenturyLink customers purchasing the Grow Essentials package Package under the Agreement are eligible to utilize optional Web design tools and templates described more fully on the CenturyLink Web site Additional charges for use of Web design tools and templates may apply If you are an eligible customer the Web design terms and conditions Design Terms in this section will also apply to your use of any Web design tools and templates If these Design Terms conflict with any others provisions of the Agreemen
42. itrator may award any relief or damages that a court could award except an arbitrator may not award relief in excess of or contrary to what this Agreement provides Judgment on any arbitration award may be entered in any court having jurisdiction ii Costs of Arbitration The party requesting arbitration must pay the applicable AAA filing fee except that if you are an individual using the Services for household or personal use and you initiate arbitration against CenturyLink 1 you must pay one half the arbitrator s fees up to a maximum of 125 if your claim does not exceed 10 000 2 you must pay one half the arbitrator s fees up to a maximum of 375 if your claim is more than 10 000 but less than 75 000 and 3 you must pay an Administrative Fee in accordance with the AAA s Commercial Fee Schedule if your claim exceeds 75 000 or if your claim is non monetary Except as provided in the preceding sentence each party shall pay its own expenses of the arbitration including the expense of its own counsel witnesses and presentation of evidence at the arbitration If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration the party filing that action must pay the other party s costs and expenses incurred in seeking such stay or compelling arbitration including reasonable attorneys fees b Waiver of Jury and Class Action B
43. k or its vendor will store your videos for up to 60 days on the CenturyLink Ease Home Management portal Once that limit is reached the videos will be deleted and can no longer be accessed by you You can control your thermostat through CenturyLink Ease Home Management If you make any errors in setting your thermostat with CenturyLink Ease Home Management which result in your utility bills being higher than expected you and not CenturyLink are responsible for those bills The terms and conditions in Sections 13 and 14 of this Agreement also apply to CenturyLink Ease Home Management service and equipment In addition to any other limitations contained in this Agreement in no event will CenturyLink s cumulative liability to you with respect to the Centurylink Ease Home Management service exceed fifty dollars 50 00 L Indemnification In addition to any additional indemnification provisions contained in the Agreement you agree to indemnify and hold CenturyLink its officers directors employees and agents harmless from and against any claims liabilities damages losses and expenses including without limitation reasonable attorney s fees and costs arising out of or in any way connected with a your access to or use of the CenturyLink Ease Home Management service b your violation of the terms of use of the CenturyLink Ease Home Management service c your violation of any third party right including without limitation any Intellect
44. l areas or at the rates or speeds generally marketed The speed s available at your location are identified during the ordering process Service speeds are up to and CenturyLink will provision your line at the maximum speed it qualifies for within the speed range of the Service you selected Your location may subsequently be eligible for additional speed options provided that you will be charged a speed change charge for any speed change Additionally some ISPs may not be supported for all speeds and in all areas and if you change speed you may no longer be able to utilize the ISP you originally selected Availability of service depends on availability and limits of CenturyLink wire centers and facilities Service will not be provided using unsuitable facilities or if provision of Service creates interference with other services Service is offered only to location s qualified by CenturyLink line qualification procedures Some lines may not qualify for the Service even if initial tests qualified such lines Speed and availability of Service are not guaranteed and may be limited by a variety of factors including but not limited to the physical condition of your line and wiring at your location your service location phone line qualifications computer performance configuration and network Internet congestion Service is provided on a per line basis and the actual throughput and connection speed of your Service depends on a number of factors such as In
45. ling the correct number set forth in Section 15 a vi below report that the Equipment s basic operations are not functioning properly and cooperate with the CenturyLink representative to evaluate the circumstances B the date you so notify CenturyLink is within the warranty period specified above and C you promptly return the Equipment as provided in the Return Policy amp Procedure found in the Equipment box black amp white card or in the User Manual CenturyLink will 1 replace or repair CenturyLink Inc All rights reserved 16 V44 121313 the Equipment at its option and return the replacement or repaired Equipment to you within thirty 30 days after you comply with A through C above 2 provide you with an expedite option whereby CenturyLink will send you a replacement Equipment promptly after you comply with A and B provided that prior to sending you such replacement Equipment CenturyLink may charge you via a credit card that CenturyLink accepts or other means CenturyLink chooses for the full retail cost of the replacement Equipment Advance Charge If you return your defective Equipment to CenturyLink according to the Return Policy amp Procedure found in the Equipment box black amp white card or in the User Manual and CenturyLink receives your defective Equipment on or before the 30th day after you request a replacement Equipment pursuant to this Limited Warranty CenturyLink will credit back the Advan
46. lity to provide Service to another customer e g you cannot use a WiFi hotspot to provide Service outside your single home or office location or outside your single unit within a multiple dwelling unit and you cannot resell Service provided over a WiFi hotspot You may not use more than one IP address for each log on session unless an advanced service allocating you more than one IP address has been purchased Service may only be used in the U S Service may be used to host a server personal or commercial as long as such server is used pursuant to the terms and conditions of this Agreement applicable to Service and not for any malicious purposes Malicious purposes include without limitation Spam viruses worms Trojans etc CenturyLink may restrict your use of or interrupt the Service without notice for i maintenance activities ii equipment network or facility upgrades or modifications and iii to ensure the provision of acceptable service levels to all CenturyLink customers CenturyLink is not responsible or liable for any Service deficiencies or interruptions caused by such events b No Resale Distribution Transfer or Assignment You agree not to resell or distribute transfer or assign this Agreement and or the Service via any means including but not limited to wireless technology except with CenturyLink s prior consent and according to CenturyLink s policies and procedures provided that you may establish a WiFi hotspot as provided
47. ll Business accounts or 1 800 777 9594 Global Business amp Government Services accounts you cannot terminate your Service online or by e mail CenturyLink does not monitor and will not automatically cancel Service for problems relating to domain name transfers If you have trouble transferring your domain name and you wish to terminate Service you must contact CenturyLink as indicated above Whether or not your domain name transfers you will be responsible for paying any outstanding amounts owed on your account through the date of termination CenturyLink may terminate this Agreement your password your account and or your use of the Service without notice and for any reason including without limitation if you fail to pay any charges when due or if CenturyLink believes you or someone using your account has violated this Agreement CenturyLink may but is not obligated to send notice of any violations to you before termination When an account has been terminated or suspended the reactivation of the old account or the acquisition of a new account will only be allowed by the express approval of CenturyLink and is subject to applicable charges If Service is terminated by you or CenturyLink prior to the end of a monthly term you will be required to pay a prorated amount of the MRCs for the month and the full amount for any NRCs or other charges for the month and any accrued but unpaid amounts related to Service and Equipment through the effective d
48. nk access to your premises at reasonable hours if necessary to terminate or cancel Service or to maintain or remove the facilities and or equipment CenturyLink is not liable for defacement or damage to your premises resulting from the existence of CenturyLink facilities or equipment and associated wiring or from the installation or removal thereof when such defacement or damage is not the result of CenturyLink negligence You may be required to provide install and maintain at your expense certain items such as appropriate space and power and rights or licenses to receive high speed Internet service if such items are not already in place These items may include without limitation suitable commercial power power wiring and outlets housing heat light and ventilation for the operation of telephone facilities rights to use or install pathways shafts risers conduit telephone closets interior wiring service areas racks cages utility connections entries and or trench for purpose of providing entrance facilities into multi unit housing complexes commercial properties or business developments to reach points of termination b Internet Access You must select a qualifying Internet access provider at the time you order CenturyLink High Speed Internet service If you select a provider other than CenturyLink CenturyLink Connect Internet Basic CenturyLink Choice Internet Prime Office Basic Office Plus or other CenturyLink provided
49. ntract tort statute fraud misrepresentation or any other legal theory will be resolved by binding arbitration The sole exceptions to arbitration are that either party may pursue claims 1 in small claims court that are within the scope of its jurisdiction provided the matter remains in such court and advances only individual non class non representative non consolidated claims and 2 in court if they relate solely to the collection of any debts you owe to CenturyLink i Arbitration Procedures Before commencing arbitration you must first present any claim or dispute to CenturyLink in writing to allow CenturyLink the opportunity to resolve the dispute If the claim or dispute is not resolved within 60 days you may request arbitration The arbitration shall be conducted by the American Arbitration Association AAA The Federal Arbitration Act 9 U S C Sections 1 16 not state law shall govern the arbitration of the dispute Colorado state law without regard to choice of law principles shall otherwise govern and apply to any and all claims or disputes All face to face proceedings shall be conducted at a location which is reasonably convenient to both you and CenturyLink Arbitration is final and binding Any arbitration shall be confidential and neither you nor CenturyLink may disclose the existence content or results of any arbitration except as may be required by law or for purposes of enforcement of the arbitration award The arb
50. o monitor the Service for various purposes including but not limited to verifying AUP compliance and for usage statistics that may be used for marketing purposes You are responsible for monitoring your accounts for access to newsgroups and Web sites that may contain improper material You will notify CenturyLink of the continual receipt of e mail that you view as illegal or that is unsolicited You must not design or provide systems used for the CenturyLink Inc All rights reserved 12 V44 121313 collection of information about others without their express knowledge and consent CenturyLink may also test Service for maintenance purposes to detect and or clear trouble f Wi Fi Service may be used in a wireless network environment at your own risk Wireless networking devices use public radio channels to transmit voice and data communications CenturyLink cannot guarantee the security privacy or confidentiality of any transmissions made via such devices and CenturyLink makes no assurances or warranties relating to their use by you You are responsible for all use of your Service regardless of the source of a transmission whether by you or an authorized or unauthorized third party over your Service g Data Management and Security CENTURYLINK STRONGLY RECOMMENDS USE OF COMMERCIAL ANTI VIRUS AND FIREWALL SOFTWARE You are responsible for the management and security of your data including without limitation backing up and restoring your da
51. on that may be passed on by CenturyLink to Customer 2 Service Description Qwest Corporation d b a CenturyLink QC CenturyLink or CQC and or Qwest Broadband Services Inc d b a CenturyLink QBS CenturyLink or QBS will provide and you will purchase the Service Further details regarding the Service may be provided in product literature user manuals and on www centurylink com and are incorporated herein by reference CenturyLink High Speed Internet is also part of Office Basic and Office Plus service Office Basic and Office Plus customers are also subject to Section 2 a below a CenturyLink High Speed Internet i CenturyLink will provide CenturyLink High Speed Internet service that runs over the same line as your CenturyLink wireline telephone line except for IDSL If you do not have a CenturyLink wireline telephone line CenturyLink will provide stand alone Service that runs over a physical connection to your location You must specify a CenturyLink telephone number to use with the Service unless you order stand alone Service CenturyLink may terminate your Service or charge you for stand alone Service if you change your CenturyLink local telephone service to another company or move your CenturyLink local telephone service to a wireless service provider CenturyLink Inc All rights reserved 1 V44 121313 ii Availability CenturyLink High Speed Internet service may not be available in al
52. or distribute any CenturyLink Materials Third Party Materials or Background Technology to any third party without the prior written consent of CenturyLink All ownership and proprietary rights in the CenturyLink Materials Third Party Materials and Background Technology remain at all times with the respective owner thereof and nothing herein transfers or assigns any rights or interest therein except the licenses granted thereto All rights to the CenturyLink Materials Third Party Materials and Background Technology not expressly granted to you hereunder are retained by CenturyLink CenturyLink reserves the right to provide CenturyLink Materials Third Party Materials and Background Technology to other CenturyLink customers for development of other Web sites Without limiting the foregoing you agree not to reverse engineer reverse assemble decompile or otherwise attempt to derive any source code of the CenturyLink Materials Third Party Materials or Background Technology except as allowed by law C Content Standards You are solely responsible for all Content you include on your Web site You covenant that your Content will not a be false inaccurate or misleading b infringe or misappropriate any third party s copyright patent trademark trade secret or other proprietary rights or rights of publicity or privacy c violate any law statute ordinance or regulation including but not limited to those governing privacy publicity export con
53. owing conditions apply to the Service CenturyLink may suspend terminate or limit use of your Service if you violate any of these conditions a Limits on Use You agree not to use the Service for high volume or excessive use in a business or for any commercial purpose if your Service is a residential service or in a way that impacts CenturyLink network resources or CenturyLink s ability to provide services You agree not to i offer public information services unlimited usage or otherwise ii permit more than one dial up log on session to be active at one time or iii permit more than one high speed Internet log on session to be active at one time except if using a roaming dial up account when traveling in which case 2 sessions may be active A log on session represents an active connection to your Internet access provider The active session may be shared to connect multiple computers devices within a single home or office location or within a single unit within a multiple dwelling unit e g single apartment or office within an apartment complex to your modem and or router to access the Service including the establishment of a wireless fidelity WiFi hotspot but the Service may only be used at the single home or office location or single unit within a multiple dwelling unit for which Service is provisioned by CenturyLink You may not use a WiFi hotspot in violation of this Agreement or in a way that circumvents CenturyLink s abi
54. p to 5 computers with a maximum of 7 peripheral devices including both computers and game consoles to the network e Configuration of high speed Internet application software that is supported as part of your CenturyLink Ease Plan D Advanced Service does not include any items not specifically listed as included above including without limitation e Issues related to the establishment or use of a wireless fidelity WiFi hotspot e Issues that exist prior to successful installation of networking equipment establishment of an operating network or prior to ordering Service e Issues reported after the termination of Service e On site support prior to successful installation of networking equipment and establishment of an operating network e Issues resulting from your intentional abuse misuse or negligence e Repair or replacement of any equipment or connections whether CenturyLink certified or not except as provided in the limited warranty provisions below e Installation of devices that are not part of the network including without limitation fax machines scanners routers hubs and switches e Support of a network that contains any devices not supported by CenturyLink Please see supported devices on http qwest centurylink com residential internet qwestatease Support of a network on an operating system that does not meet CenturyLink s minimum system requirements Security of your network and data Issues with softwar
55. pon seven 7 days written notice for any reason or b immediately suspend or terminate your use of the Package and remove all contents of your Web site if CenturyLink in its sole discretion concludes that you 1 have engaged in illegal activities in activities or sales that may damage the rights of CenturyLink or others or 2 have violated or threatened to violate CenturyLink s AUP the Design Terms the terms of this Agreement or any other agreement you may have with CenturyLink Any suspension or termination under subpart b of this paragraph may take effect immediately Termination under subpart b will be considered a termination by CenturyLink for Cause If CenturyLink terminates your Package in connection with subpart b you will not be entitled to a refund or credit of any fees you have paid and you may be subject to a Cancellation Charge Without limitation you expressly acknowledge and agree that in addition to this subpart F the terms and conditions in Section 12 Term and Termination of the Agreement also apply to termination of the Package In the event of a conflict between this subpart F and Section 12 of the Agreement this subpart F will prevail Sections B and C will survive the termination or expiration of these Design Terms viii Optional CenturyLink Office Backup Service NOTICE This service has been grandfathered effective May 1 2013 and is only available to business customers who ordered Web hosting
56. ponsible to maintain original versions of your files on your personal computer that you backup Access to your files through your CenturyLink Office Backup account will cease upon termination or expiration of your account ix CenturyLink Ease Plans CenturyLink Ease is available to residential CenturyLink High Speed Internet customers subject to certain restrictions and limitations The CenturyLink Ease 0 00 Plan is provided at no additional charge to CenturyLink High Speed Internet customers however not all features of the CenturyLink Ease 0 00 plan are available to customers with CenturyLink Internet Basic or customers who have ISP or Internet access service provided by a third party Other CenturyLink Ease plans with additional features are available to residential customers for an additional charge Details regarding restrictions and the services included in each plan are located on http qwest centurylink com residential internet qwestatease You will be asked to agree to additional terms and conditions related to some services under the CenturyLink Ease plans at the time of installation or use of those services Certain CenturyLink Ease Plan s include advanced home networking setup and maintenance Service as further described at http qwest centurylink com residential internet qwestatease Advanced Service The following additional terms and conditions apply to the CenturyLink Ease advanced home networking Service
57. pot B Issues that exist prior to successful installation of networking equipment establishment of an operating network or prior to ordering Network Backer service C Issues reported after the termination of Network Backer service D On site support prior to successful installation of networking equipment and establishment of an operating network E Issues resulting from your intentional abuse misuse or negligence F Repair or replacement of any equipment or connections whether CenturyLink certified or not G Installation of devices that are not part of the network including without limitation printers fax machines scanners routers hubs and switches H Support of a network that contains any devices not certified by CenturyLink 1 Support of a network on an operating system that does not meet CenturyLink s minimum system requirements J Security of your network and data K Issues with software whether provided by CenturyLink you or a third party L Removal of viruses spy ware and ad ware 3 Equipment Separately purchased or leased equipment is required to use the Service Certain Equipment is available from CQC and other equipment must be provided by Customer a CenturyLink Provided Equipment i Leased Equipment Leased Equipment from CenturyLink i the Equipment is CenturyLink s property and you may not assign rent or transfer the Equipment or your rights or duties under this
58. protected under applicable patent copyright trademark and other laws protecting intellectual property You will not remove alter or conceal any copyright trademark service mark or other proprietary rights notices incorporated in or accompanying the Site CenturyLink Ease Home Management service or any related documentation CenturyLink and its licensors own all right title and interest including all worldwide patent rights copyrights trademarks service marks trade secret rights design rights moral rights and all other intellectual property and proprietary rights collectively Intellectual Property Rights in the Site and CenturyLink Ease Home Management service All rights not expressly granted to you in the terms of this section are reserved by CenturyLink Restrictions on Use In addition to CernturyLink s Acceptable Use Policy in accessing or using the Site or CenturyLink Ease Home Management service you agree to comply with the following rules Nothing in this section requires CenturyLink to take action against any user that violates these rules but CenturyLink is free to do so if it sees fit a Abusive Behavior Do not harass threaten or defame any person or entity Do not contact any person who has requested no further contact Do not use ethnic or religious slurs against any person or group b Privacy Do not violate the privacy rights of any person Do not collect or disclose any personal address social securit
59. quipment serial number activation date and WTN also provided to manufacturer maintenance support and other service quality activities b verify AUP compliance and network performance as well as c develop targeted marketing CenturyLink Inc All rights reserved 13 V44 121313 CenturyLink does not require or intend to access Customer data in its performance hereunder including but not limited to any confidential health related information of Customer s clients which may include group health plans that constitutes Protected Health Information PHI as defined in 45 C F R 164 501 under the Health Insurance Portability and Accountability Act of 1996 HIPAA Rules Any exposure to PHI shall be random infrequent and incidental to CenturyLink s provision of Service and is not meant for the purpose of accessing managing the PHI or creating or manipulating the PHI Such exposure is allowable under 45 CFR 164 502 a 1 iii As such if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care industry CenturyLink and Customer agree that CenturyLink is not a Business Associate or Covered Entity under the HIPAA Rules for the purposes of this Agreement 11 Rates and Charges Payment a Rates and Charges All Service and Equipment is provided to you at the CenturyLink s then current standard or qualifying promotional MRCs and NRCs quoted to you during the ordering proc
60. quired by law customers who cancel their Service within the first three days or seven days as applicable following acceptance of this Agreement will be refunded all charges incurred with respect to their account CenturyLink Inc All rights reserved 18 V44 121313
61. r associated e mail account If you establish any associated e mail accounts you understand and agree that the holder of the Service account may manage your e mail account reset your password or suspend or cancel your account view your account s usage and profile data including how and when your account is used and read or store content in your account including electronic communications contact lists and other information You hereby indemnify CenturyLink for any claims costs and or damages incurred as the result of any e mail account holder associated with your Service account asserting that the Service account holder accessed the account or its contents in excess of the Service account holder s authority iv NationWide Roaming Service and Dial In Numbers NOTICE This previously grandfathered service will be fully decommissioned and will no longer be available effective on or after December 3 2013 v Change of Service A change of Service could lead to the loss of stored e mail Such loss may ordinarily be prevented by saving such e mail on your personal computer prior to the change of Service Customer will not hold CenturyLink liable for the loss of e mail during the change of Service process whether caused by Customer or CenturyLink vi Web Hosting Service NOTICE This service has been grandfathered effective May 1 2013 and is only available to business customers who ordered Web hosting Service prior to that date Be
62. s Agreement 4 Changes to Service or this Agreement CenturyLink is not obligated to give you notice of changes to this Agreement before it becomes effective You should review the Agreement at the time it becomes effective for you Subject to any applicable rules or laws CenturyLink may a at any time effective upon posting to _http qwest centurylink com legal or any written notice to you including e mail i stop offering the Service and or leased Equipment ii modify the Service and or any of the terms and conditions of this Agreement and or iii reduce MRCs or NRCs Please check such Web site and your e mail regularly for changes b upon 30 days notice to you i increase MRCs and or NRCs or ii change this Agreement or the Service in a way that directly results in a material and adverse economic impact to you CenturyLink may reduce the foregoing notice period where commercially reasonable and or if such increase is based upon Regulatory Activity Your continued use of the Service and or Equipment constitutes acceptance of those changes You must immediately stop using the Service and Equipment and cancel your Service if you do not agree to the changes Any changes you make or other terms you add to this Agreement or propose in any other documents written or electronic are void 5 Third Party Services Software and Equipment Purchase rental use or subscription to any third party services software or equipment offer
63. t these Design Terms will prevail for purposes of using the Web design tools and templates only If you use the Web design tools and templates CenturyLink will also provide you with additional support described on the CenturyLink Web site to assist you with creating your Web site A Fees All fees will be automatically charged to the credit card you provide when you sign up for the Services The terms and conditions in Section 11 of this Agreement will also apply CenturyLink may alter its fees as provided in this Agreement All payments for the Packages are non refundable and may not be credited back unless otherwise provided in subpart F below B Rights and Licenses 1 Definitions Your Content means all content or information including without limitation any text music sound photographs video graphics data or software in any medium provided by you to CenturyLink CenturyLink Materials means all content software source code or other programming material owned by CenturyLink or its suppliers and used in the development display or running of a Web site Third Party Materials means any content software or other computer programming material that is owned by an entity other than CenturyLink and licensed by CenturyLink or generally available to the public including you under published licensing terms and that CenturyLink will use in the development of or to display or run a Web site The graphics utilized
64. t forth in subsection b 19 General If any term of this Agreement is held invalid illegal or unenforceable such term will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect Neither party s failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder All terms of this Agreement that should by their nature survive the termination of this Agreement will so survive CenturyLink will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event This Agreement together with the other agreements and policies and posted information referenced herein constitutes the entire agreement between you and CenturyLink with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements or understandings relating to the subject matter hereof In the event of any inconsistency between this Agreement and any other documents exchanged between you and CenturyLink related to the Service Software or Equipment the provisions of this Agreement will control Please call CenturyLink at 1 800 244 1111 Consumer Residential accounts 1 800 603 6000 Small Business accounts or 1 800 777 9594 Global Business amp Government Services accounts if you have any questions regarding your account Where re
65. ta managing file and print sharing implementing procedures for accuracy of data and its transmission and implementing security such as anti virus and firewalls CenturyLink is not responsible or liable for the management or security of your data including without limitation loss of your data or back up or restoration of your data regardless of whether your data is maintained on CenturyLink servers or your computer or server h Port 25 Filtering Port 25 is primarily used for communication between e mail servers Filtering e mail communication going to and from customers on port 25 improves network security and helps to reduce the spread of e mail borne viruses and reduce the overall volume of spam on the Internet Port 25 filtering is a recognized Internet industry best practice for service providers and is used by CenturyLink to automatically protect your computer from being used by malware typically caused by a virus to send or relay spam If you need to adjust port 25 filter settings contact CenturyLink Tech Support 1 888 777 9569 or follow the instructions found at http qwest centurylink com internethelp i Intellectual Property Rights Unless otherwise expressly provided in this Agreement all aspects of the Service are the property of CenturyLink and are protected by trademark copyright or other intellectual property laws and international treaty provisions CenturyLink grants you a personal revocable limited nonexclusive nontransf
66. tatement as well as any Late Charge You will be charged for each additional copy of your bill You will provide all information necessary for CenturyLink to provide and bill for the Service and Equipment You affirm that the information you supply to us is correct and complete and will promptly notify CenturyLink whenever your personal or billing information changes If you elect to pay by credit card you are responsible for directly updating or notifying CenturyLink of any changes to your credit card including but not limited to card number expiration date billing address or card status You understand that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service ii Disputes The billed rate will continue unless you call us promptly and inform us that the billed monthly rate is not the one quoted to you You must give CenturyLink notice of any dispute on your bill If you pay the disputed amount you will receive interest at the lesser of the highest lawful amount for commercial transactions or 1 per month on any amounts CenturyLink determines were wrongly charged to you If you give notice of a billing dispute within 90 days of the billed date such interest will be from the due date to the date CenturyLink credited back or refunded the wrongly charged amount If you give notice after this 90 day period such interest will be from the date CenturyLink received your no
67. ternet traffic and congestion or bandwidth distance of your home from a CenturyLink central office viruses or spyware server speed of the Web sites you connect to traffic and congestion on your home network or corporate LAN and Windows PC settings in addition to the factors listed above Uninterrupted or error free Service is not guaranteed and CenturyLink may limit speeds iii Moves If you move to another location including a move within the same building you are not guaranteed to have Service at the new location Your line must be re qualified for Service at any new location and MRCs and NRCs applicable to new Service will apply iv CenturyLink Facilities and Equipment to Provide Service Licenses Certain CenturyLink facilities and equipment used to provide you high speed Internet service may be located on your premises These facilities and equipment are the property of CenturyLink and must be installed relocated rearranged tested inspected and maintained only by CenturyLink You are responsible for damage to such facilities and equipment resulting from your negligence including failure to reasonably prevent damage by others or willful conduct You may not attach or connect anything to the CenturyLink facilities or equipment unless authorized by CenturyLink Any unauthorized attachments or connections may be removed or disconnected by CenturyLink and your Service may be suspended or terminated as a result You agree to provide CenturyLi
68. tice to the date CenturyLink credited back or refunded the wrongly charged amount You will be charged a Late Charge on any amounts withheld that are undisputed or ultimately determined to have been correctly charged You will pay all CenturyLink expenses incurred to recover such withheld amounts including attorneys fees iii Deposit CenturyLink may reasonably modify the payment terms or require other assurance of payment including a deposit based on Customers payment history lack of established credit or a material and adverse change in Customer s financial condition Refunded deposit amounts will be credited to your account and any credit balance will be refunded If you make a cash deposit you will receive interest at the rate required in the state you receive Service Equipment or Software from date CenturyLink received deposit until date CenturyLink refunded the deposit iv Method of Payment Some Internet access services require you to pay by credit card For those services CenturyLink currently accepts VISA MasterCard or American Express If you provide CenturyLink your credit card information you authorize CenturyLink to automatically charge your credit card for charges that apply to your account CenturyLink will automatically charge your credit card on the billing due date shown on your billing statement In the event you request a chargeback on your credit card of the amounts CenturyLink has charged you you will be subject to a c
69. to all acquisitions of the Software by or for the Federal Government or by any prime contractor or subcontractor at any tier under any contract grant cooperative agreement or other transaction with the Federal Government which calls for delivery or use of the Software by the Government By accepting delivery of the Software under any such contract grant cooperative agreement or as part of any such transaction the Government agrees that the Software qualifies as commercial computer software and that the associated documentation qualifies as commercial computer software documentation within the meaning of the acquisition regulations and contract clauses applicable to this procurement The terms and conditions of this Agreement are fully applicable to the Government s use and disclosure of the Software and documentation and will supersede any conflicting terms or conditions No license of any kind is granted in the case of acquisitions which contain or are subject to the clauses FAR 52 227 19 COMMERCIAL COMPUTER SOFTWARE RESTRICTED RIGHTS JUNE 1987 or any other clause which purports to grant to the Government rights greater than or additional to those set forth in this Agreement or which purports to impose additional requirements upon CenturyLink to make the Agreement effective unless CenturyLink specifically so consents by separate written agreement Please contact CenturyLink for Software manufacturer information 7 Service Conditions The foll
70. to you A Payment The terms and conditions in Section 11 of this Agreement apply to payment for CenturyLink Ease Home Management B The terms and conditions in Sections 3 a iii and 8 of this Agreement apply to installation of CenturyLink Ease Home Management CenturyLink Ease Home Management is currently available only in Seattle Washington and the surrounding metro area If Customer moves out of the Seattle metro area CenturyLink Ease Home Management cannot be taken with Customer CenturyLink may in its sole discretion and without notice make CenturyLink Ease Home Management available in additional markets Subject to your compliance with the terms of this Section and this Agreement you may access and use the Site and CenturyLink Ease Home Management service only for your own personal non commercial use You agree not to use the Site or CenturyLink Ease Home Management service to process data or provide any service bureau activity for any third party Any commercial use of the Site or CenturyLink Ease Home Management service is expressly prohibited without CenturyLink s prior written consent C CenturyLink Ease Home Management is a self monitored service CenturyLink cannot and will not be monitoring your home through this service You will be monitoring your home In the event of an incident at your home e g door being opened you will receive an automated notification from the CenturyLink Ease Home Management portal on your
71. trictions war or civil disorder or failures of suppliers of goods and services Late Charge is a fee of up to 6 00 per month that is assessed each month in which any portion of the payment is not received by or immediately available to CenturyLink by the due date MRCs means monthly recurring charges NRCs means non recurring one time charges CenturyLink means the affiliate of CenturyLink Inc that provides you the Service Software and or Equipment Regulatory Activity means any regulation and or ruling including modifications thereto by any regulatory agency legislative body or court of competent jurisdiction Service means all of the services you receive from CenturyLink from the following list CenturyLink High Speed Internet Pure Broadband CenturyLink Connect Internet Basic CenturyLink Office Basic and CenturyLink Office Plus MSN Premium or Windows Live from CenturyLink or other CenturyLink provided Internet access service CenturyLink Home Network Backer CenturyLink Office Network Backer CenturyLink Message Manager additional services described in the Service Description Section below and related CenturyLink installation repair support and provisioning Service when used in the Service Description Section below refers to the specific service being described Taxes means foreign federal state and local taxes surcharges other similar charges and any other impositi
72. trol consumer protection unfair competition antidiscrimination or false advertising d be defamatory trade libelous unlawfully threatening or harassing or advocating promoting or providing assistance involving violence significant risk of death or injury or other unlawful activities e be obscene or contain child pornography f contain any viruses Trojan horses worms time bombs cancelbots easter eggs or other computer programming routines that may damage detrimentally interfere with surreptitiously intercept or expropriate any system data or personal information g link directly or indirectly to or include descriptions of goods or services that violate any applicable law statute ordinance or regulation or that violate CenturyLink s AUP that is incorporated herein by reference and may be amended from time to time D Term and Termination The term of the Grow Essentials Package commences when you submit an order for such Services and continues on a month to month basis You may terminate your Package at any time by contacting our billing department or your Account Manager Termination of your Package does not terminate other services commitments and contracts you may have with CenturyLink If you terminate your Package s CenturyLink will not retain a copy or a backup of any of Your Content and other data and such Content or data cannot subsequently be restored by CenturyLink CenturyLink may a terminate these Design Terms u
73. tside the Limited Warranty you will be charged the full retail cost of your non operational or malfunctioning Equipment plus a monthly lease charge for the replacement Equipment Replacement Equipment may or may not be the same model v If in connection with your CenturyLink High Speed Internet Service you are purchasing a modem you should be aware that the modem may contain copyrighted software that is licensed under the General Public License GPL and or other open source licenses To determine whether your modem brand contains open source software visit www qwest centurylink com internethelp opensource Copies of these licenses are available at this link You may also obtain the complete Corresponding Source code from us for a period of three years after our last shipment of this product at the same location This offer is valid to anyone in receipt of this information b Customer Provided Equipment If you do not purchase or lease a modem from CenturyLink you understand and acknowledge that CENTURYLINK ITS AFFILIATES SUPPLIERS AND OR AGENTS WILL NOT BE RESPONSIBLE LIABLE IF YOU CANNOT ACCESS YOUR SERVICE IF SERVICE DOES NOT FUNCTION CORRECTLY OR AT ALL OR IF CUSTOMER EQUIPMENT SOFTWARE PERIPHERALS DATA OR EQUIPMENT IS DAMAGED YOU WILL BE LIABLE TO CENTURYLINK FOR DAMAGE TO ANY EQUIPMENT LEASED FROM CENTURYLINK The foregoing limitation of liability is in addition to and will not limit any other limitation of liability set forth in thi
74. ual Property Right or any publicity confidentiality property or privacy right or d any claim that your use of the Site or CenturyLink Ease Home Management service caused damage to a third party M Changes to the Site and the Service CenturyLink reserves the right in its sole discretion and without notice to add exclude and discontinue functionality in the CenturyLink Ease Home Management service and to make changes and modifications in the specifications design and construction of the Site and CenturyLink Ease Home Management service N Suppliers and Licensors CenturyLink s suppliers and licensors of the CenturyLink Ease Home Management service are third party beneficiaries of the rights and protections of the terms of use applicable to the CenturyLink Ease Home Management service xi Additional Features and Applications Additional features and applications may be provided as part of the Service Additional charges may apply xii Chat Rooms CenturyLink does not allow customers to install their own chat rooms since chat rooms require significant system resources However for an additional charge CenturyLink will provide a chat room for your use xiii Changes to Your Plan You may elect to change to a lower priced Web hosting plan on the same platform Additionally you may elect to upgrade to a higher priced plan on the same platform No charge will apply for upgrades downgrades Requests for upgrades or downgrades should
75. uipment or is found in customer equipment systems or Equipment A dispatch charge also applies if A Customer requests a service date change but fails to notify CenturyLink before the service date and CenturyLink technician is dispatched on the service date will have to pay dispatch charge and CenturyLink will change the service date or B CenturyLink technician dispatched for maintenance of service and no trouble is found in CenturyLink facilities applies each time this happens Any requested repairs to your facilities or equipment are not included in the dispatch fee and will be charged on a time and materials basis If you purchased networking equipment from CenturyLink and did not purchase a Network Backer service CenturyLink will provide you telephone support for connectivity and settings on wireless networks created with the CenturyLink provided networking equipment for 30 days from the date of the networking equipment purchase at no additional charge 9 Acceptable Use Policy All use of the Services will comply with the AUP posted at http qwest centurylink com legal Among other things the AUP prohibits sending unsolicited e mail messages including bulk commercial advertising or informational announcements collectively Spam CenturyLink may immediately terminate or suspend any account which CenturyLink believes is transmitting or is otherwise connected with any Spam Further CenturyLink may hold you liable for CenturyLink s actual
76. vice is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage intercept or expropriate any system data or personal information No advice or information whether oral or written obtained by you from CenturyLink will create any warranty not expressly stated in these terms of use Some states or jurisdictions do not allow the exclusion of certain warranties Accordingly some of the above exclusions may not apply to you In addition the warranty on CenturyLink Ease Home Management equipment is limited to the manufacturer s warranty if any HIGH RISK ACTIVITIES THE SERVICE IS NOT FAULT TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE OR RESALE AS ON LINE CONTROL FOR EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS AIR TRAFFIC CONTROL DIRECT LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD DIRECTLY TO DEATH PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE Intellectual Property Ownership and Restrictions 1 Title The contents of the Site and CenturyLink Ease Home Management service including its look and feel e g text graphics images logos and button icons photographs editorial content notices software including websites and other material are
77. y number or other personally identifiable information without the written consent of the individual to which the information relates Do not cooperate in or facilitate identity theft c Intellectual Property Do not infringe upon the copyrights trademark rights trade secret rights or other intellectual property rights of any person or entity Do not reproduce publish or disseminate the works of authorship of any other person or entity without the written permission of the copyright holder Do not reproduce modify adapt prepare derivative works of perform display publish distribute transmit broadcast sell license or otherwise exploit the Site or the CenturyLink Ease Home Management service d Hacking Viruses and Network Attacks Do not access any account on the Site without authorization Do not attempt to penetrate or disable any security system Do not intentionally distribute a computer virus launch a denial of service attack or in any other way attempt to interfere with the functioning of any computer communications system or website Do not use any CenturyLink Inc All rights reserved 8 V44 121313 automated data gathering or extraction tools program algorithm or methodology to access acquire copy or monitor the Site or CenturyLink Ease Home Management service Do not attempt to decipher decompile disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or
78. y this Agreement both you and CenturyLink are waiving rights to litigate claims or disputes in court except small claims court as set forth in paragraph a above Both you and CenturyLink also waive the right to a jury trial on your respective claims and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity 18 Notices Except as otherwise provided herein all required notices to CenturyLink must be in writing and sent to 1801 California Street Suite 900 Denver Colorado 80202 Facsimile 1 888 778 0054 Attn Legal Department Except as otherwise provided herein you agree that all required notices to you will be provided by one or more of the following posting bill message bill insert postcard letter call to your billed telephone number or e mail to an address provided by you when you ordered Service or Equipment You agree to provide CenturyLink with any and every change to your e mail address by calling 1 800 244 1111 Consumer Residential accounts 1 800 603 6000 Small Business accounts or 1 800 777 9594 Global Business amp Government Services accounts Except as otherwise provided herein all notices will be deemed given a when delivered in person to the recipient named above b three business days after mailed via regular U S Mail c when delivered via overnight courier mail or d when delivered by facsimile so long as duplicate notification is also sent in the manner se
79. y you or others who use your Service Software and or Equipment b installation modification or use of the Service Software and or Equipment by you and or any parties who use your Service Software and or Equipment with or without your permission c claims for libel slander invasion of privacy or infringement of any intellectual property rights arising from the use of the Service Software or the Internet d patent infringement arising from your acts combining or using the Service in connection with facilities or equipment circuit apparatus system or method furnished by you e negligent acts errors or omissions by you or f injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with this Agreement except to the extent that such liabilities arise from the gross negligence or willful misconduct of CenturyLink CenturyLink Inc All rights reserved 17 V44 121313 17 Dispute Resolution and Arbitration Governing Law PLEASE READ THIS SECTION CAREFULLY IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION a Arbitration Terms You agree that any dispute or claim arising out of or relating to the Services Equipment Software or this Agreement whether based in co

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Qwest® High-Speed Internet Subscriber Agreement