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High-Speed Internet Subscriber Agreement

1. Background Technology does not include any of your Content or any derivatives improvements or modifications of your Content CenturyLink Inc All rights reserved 5 V34 08081 1 2 Right to Web Site Until full payment of fees has been made to CenturyLink for Services rendered CenturyLink will have no obligation to deliver the Web site developed to you including your Content Upon full payment of fees CenturyLink will grant to you all rights title and interest in the Web site with the exception of any CenturyLink Materials Third Party Materials and Background Technology as defined in subpart 1 above 3 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 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 ther
2. The 10 to 18 day delivery time begins once all Content defined below has been submitted to the CenturyLink design team by you 1 Grow Essentials Package CenturyLink will provide you with access to a Web design tool and templates plus additional support described on the CenturyLink Web site to assist you with creating your Web site 2 Grow Complete Package Design Services Design Service described in this section consists of a template based Web site and includes an online Quote Request Contact Us form You understand and agree that CenturyLink will provide a template based Web site in accordance with the information provided by you during the discovery intake phase of development After CenturyLink receives all complete information from you CenturyLink will deliver a mock up site for your review prior to the Web site entering the development phase The mock up will give you the opportunity to ensure the Web site meets the template specifications Once the mock up is approved development will begin When development is completed the initially developed Web site beta site will be presented to you for final approval and one time Content modification Editing beyond correction of Content will be considered as additional services and will be billed as such CenturyLink Inc All rights reserved 4 V34 08081 1 CenturyLink will attempt to contact you once the Web site is completed and ready to publish If you do not respond within 5
3. an order for such Services and continues for a 12 month MST You may terminate your Package at any time by contacting our billing department or your Account Manager For the Grow Complete Package you are entitled to a 100 refund within 30 days of order assuming that you have not entered into the Pre development Mock up phase The Pre development Mock up phase begins when an Account Manager has been assigned to your project and has commenced working on your Web design including gathering Content and information from you and consulting with you regarding your Web site design If you have entered the Pre development Mock up phase you are entitled to a 50 refund should you decide to terminate before entering the Development phase and within the first 30 days after order After 30 days from purchase or once the Development phase has begun all fees are non refundable and no refunds will be given The Development phase begins when your project is assigned to CenturyLink s Web development team and any design work has commenced Any refunds will be credited to your credit card to which the Services were originally billed Termination of your Package does not terminate other services commitments and contracts you may have with CenturyLink Except as provided above if you terminate your Package prior to expiration of the MST or if CenturyLink terminates for Cause you will be charged an early termination charge equal to the monthly recurring charge for your
4. 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 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 responsible 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 lim
5. 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 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 restrictions war or civil disorder or failures of suppliers of
6. 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 by 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 17 Dispute Resolution and Arbitration Governing Law PLEASE READ THIS SECTION CAREFULLY IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE IT
7. 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 x Additional Features and Applications Additional features and applications may be provided as part of the Service Additional charges may apply Please consult the Rate Card for details xi 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 Please see the Rate Card for details xii 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 be directed to http sitecontrol qwestoffice net xiii 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 b
8. CenturyLink Web site If you are an eligible customer the Web site design terms and conditions Design Terms in this section will also apply to any Web design Services you order If these Design Terms conflict with any others provisions of the Agreement these Design Terms will prevail for purposes of the Web design Services only Charges for Web design Services are set forth in the Rate Card posted at qwest centurylink com legal CenturyLink may subcontract all or a portion of the Web design Services Actual work may be performed by CenturyLink or other third parties selected by CenturyLink A minimum service term MST of 12 months is required for the Grow Complete Package CenturyLink will not include any customized Web design Services that you request A Detailed Web Design Service Descriptions If you order Web design Services Design Services CenturyLink will provide you with services included in the Package you select as further described below For the Grow Complete Package and Additional Pages CenturyLink will deliver your Web site project within approximately ten to eighteen business days However this estimate is based on your ability and availability to consult with your Account Manager If you are unable to provide times when you are available for your consultations neither CenturyLink nor its partners may be held responsible for meeting this timeframe You will be given an estimated completion date at the time of sale
9. Package for any months remaining in the MST plus any charges for Services accrued but not yet paid Cancellation Charge For all terminations of any 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 upon seven 7 days written notice for any reason or b immediately suspend or terminate your use of the Package and destroy any of your Content provided to CenturyLink for the Grow Complete Package including all contents of the 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 a
10. and white card or in the User Manual to return Equipment No billing credit will be given for Equipment that is incomplete or not in new condition Existing customers including those who make changes to their Service or customers who cancel more than 30 days after ordering are not eligible for the 30 day cancellation policy b 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 c 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 BE REQUIRED TO PAY THE EARLY TERMINATION CHARGE SET FORTH IN THIS AGREEMENT OR AT hittp qwest centurylink com legal highspeedinternetsubscriberagreement under CenturyLink High Speed Internet Rates Cards 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 COMMI
11. 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 12 Term and Termination a 30 Day Cancellation Policy You may cancel Service and return the Equipment within 30 days following your order of such Service or Equipment and avoid payment of MRCs if i you are a new Service customer ii you have not activated or used the Service for Network Backer service only and either iii you notify CenturyLink you wish to cancel Service because you do not agree with the terms and conditions of this Agreement or iv you notify CenturyLink you wish to cancel because you are not satisfied with the Service Except as provided below you must pay all NRCs related to canceled Service including without limitation installation maintenance and shipping charges You must also pay MRCs related to canceled Service and any termination liability charges if you ordered Service with a term commitment if you cancel Service and return Equipment v more than 30 days after ordering or vi after you activated or used the Service for Network Backer service only Follow the return process found in the Equipment box black
12. 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 CenturyLink Inc All rights reserved 11 v34 08081 1 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 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 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 fro
13. goods and services Late Charge is the portion of the payment not received by or immediately available to CenturyLink by the due date multiplied by the highest lawful amount for commercial transactions in the state you receive Service Equipment and or Software in 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
14. 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 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 to all acquisitions of the Software by or for the Federal Govern
15. security 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 t
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 CHARGES AND OTHER TERMS AND CONDITIONS QUOTED TO YOU DURING THE ORDERING PROCESS AND ON qwest centurylink com legal highspeedinternetsubscriberagreement and quwest centurylink com legal ALL OF WHICH ARE INCORPORATED BY REFERENCE AND YOU REPRESENT THAT YOU
17. 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 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 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 If the Equipment is inoperable technical support is available at 1 888 777 9569 I
18. ION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES g You understand that the CenturyLink design team will not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up this data Furthermore CenturyLink retains all ownership and proprietary rights in all source codes developed by CenturyLink h You understand and agree that CenturyLink s performance under these Design Terms will be dependent upon your timely and satisfactory performance of your responsibilities If CenturyLink is unable to perform or is delayed in performing its responsibilities under these Design Terms as a result of your delay or failure to perform your responsibilities the parties will discuss mutually agree to and document in a change order any modified roles and or fees associated with such delay or failure C Fees Fees applicable to the Packages and Additional Pages are described in the Rate Card available at qwest centurylink com legal 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 and Additional Pages are non refundable and may not be credited back unless otherwise provided in subpart F below D Rights and Licenses 1 Definitions Your Content means all content or information
19. LL FAULTS EXCEPT FOR THE LIMITED WARRANTY IN THE PRECEEDING SECTION CenturyLink Inc All rights reserved 15 V34 08081 1 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 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
20. NTURYLINK 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 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 so
21. 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 contract 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 conduc
22. TMENT 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 d 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 Small 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 fa
23. WARE 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 BUSINESS 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 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 CE
24. Y 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 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 IMPLIED WARRANTY OR OTHERWISE LIMITED WARRANTY i This Equipment is warranted by CenturyLink to the person originally 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 and B for a period of 30 days from the date of Equipment lease for networking equipment other than a modem 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 Limi
25. 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 ili 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 to m
26. al 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 Some CenturyLink customers are eligible to receive one of three 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 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 C
27. 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 required 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 17 V34 08081 1
28. ble with networking equipment e g modems and other wireless networking devices 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 home networking service by contacting CenturyLink as provided in the second paragraph of this Agreement C Advanced home networking 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 up 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 Service doe
29. business days the Web site will be deemed accepted by you and CenturyLink will deem the Service engagement completed 3 Additional Pages for Grow Complete Package Additional pages beyond the number allowed under the Grow Complete Package Additional Pages may be added to your template Web site design for an additional per page set fee set forth in the Rate Card The charge for an additional page includes no more than one hour of designer time Any further customizations or time needed to create an additional page will incur an additional fee to be quoted by CenturyLink You understand and agree that CenturyLink will provide additional pages in accordance with the information provided by you in the submittal form sent via e mail and subsequent telephone interviews After CenturyLink receives all complete information from you CenturyLink will deliver a beta site for your review The Web site modifications will be made available for you to view prior to hosting for purposes of editing for corrections to Content only Editing beyond correction of Content will be considered as additional services and will be billed as such CenturyLink will attempt to contact you once the additional pages are completed and ready to publish If you do not respond within 5 business days the pages will be deemed accepted by you and CenturyLink will deem the Service engagement completed B Your Responsibilities You acknowledge and agree that a The setup and othe
30. ccuracy 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 nontransferable non assignable right and license to use the Service in ac
31. cordance 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 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 equipment 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
32. e a WiFi hotspot to provide Service outside your single home or office CenturyLink Inc All rights reserved 10 V34 08081 1 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
33. ed 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
34. enturyLink 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 CenturyLink Inc All rights reserved 3 V34 08081 1 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 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 CenturyLin
35. eof 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 re use CenturyLink Materials Third Party Materials and Background Technology used to develop your Web site in the development of another customer s website 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 4 Limited License to Content Your Content and material derivatives improvements or modifications thereof will at all times remain your sole property You hereby grant to CenturyLink the limited nonexclusive right and license to copy distribute transmit display perform create derivative works from modify and otherwise use and exploit your Web site any of your Content or any of your marks provided to CenturyLink hereunder solely for the purpose of rendering the Web site design Service under these Design Terms Such limited right and license will extend to no other materials or for any other purpose and will terminate automatically upon termination of these Design Terms for any reason E Content Standards You are solely responsible for all Content
36. er s terms and CenturyLink is not responsible or liable for any such services software or equipment CenturyLink Inc All rights reserved 9 V34 08081 1 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 copy
37. er 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 hotspot 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 CenturyLink Inc All rights reserved 8 V34 08081 1 E Issues resulting from your intentional abuse misuse or negligence F Repair or replacement of any equipment or co
38. f CenturyLink deems the Equipment has a manufacturing defect the Limited Warranty set forth in the Warranty section below will 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 leased to you at the price specified at qwest centurylink com legal highspeedinternetsubscriberagreement plus shipping and handling and any applicable Taxes If CenturyLink provides you replacement leased Equipment outside 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 b Customer Provided Equipment If you do not 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 this Agreement 4 Changes to Service or this Agreemen
39. he 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 v34 08081 1 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 your a
40. hooses 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 Advance 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 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 Cen
41. il 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 date of termination e 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 CenturyLink Inc All rights reserved 13 v34 08081 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 E
42. 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 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 engines and menu utilities whether in database form dynamically driven or provided in any other format
43. itations 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 as shown in the Consumer Rate Card found at qwest centurylink com legal highspeedinternetsubscriberagreement Details regarding restrictions and the services included in each plan are located on qwest centurylink com residential internet qwestatease and in the Consumer Rate Card 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 qwest centurylink com residential internet qwestatease The following additional terms and conditions apply to the CenturyLink Ease advanced home networking Service A Service is only available with those CenturyLink Ease Plans which specifically include it as further described in the Rate Card Service is available to residential customers only and must be purchased per physical location and per high speed Internet line Service is only availa
44. k Domain Name may not be reinstated after the redemption status period has expired Please consult the CenturyLink High Speed Internet rate card Rate Card applicable to you for details The Rate Card is posted at qwest centurylink com legal highspeedinternetsubscriberagreement 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 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 http sitecontrol qwestoffice net If you exceed your traffic allowance you will be charged a traffic
45. le 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 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 CenturyLink Inc All rights reserved 14 V34 08081 1 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 AN
46. ll 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 I
47. lment 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 statement 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 n
48. m 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 Equipment 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 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 consti
49. ment 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 following conditions apply to the Service CenturyLink may suspend
50. nd Termination of the Agreement also apply to termination of CenturyLink Inc All rights reserved 6 V34 08081 1 the Package In the event of a conflict between this subpart F and Section 12 of the Agreement this subpart F will prevail Subpart B g and Sections D and E will survive the termination or expiration of these Design Terms viii Optional CenturyLink Office Backup Service This section does not apply to CenturyLink Personal Digital Vault Service CPDV CPDV is purchased under a separate agreement available at 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 at the rates shown in the Business Rate Card 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 review 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
51. nnections 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 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 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
52. nternet 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 Centur
53. offered in each of the 48 contiguous states but may not be available in all cities The available NWR numbers are posted on the www qwest net Use of unpublished NWR numbers is prohibited and you are solely responsible for any and all charges associated with using unpublished numbers B Simultaneous use of NWR numbers is prohibited and may result in termination of your Internet access service You are responsible for any charges associated with simultaneous use of NWR service regardless of whether your Internet access service has been terminated C CenturyLink is not responsible for any toll long distance or other charges in the event access to the Internet access service is not provided via a local telephone number You will pay for any long distance toll or other charges you incur and you are solely responsible for determining if use of a particular dial up number will cause you to incur long distance toll or other charges D The Internet access service is also subject to idle time outs whereby a session for a dial up account is disconnected because it has been idle for a specified period of time activity does not include any data generated by an automatic re dialer script or other program that runs on the user s computer system for the purpose of avoiding inactivity disconnects 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 person
54. omers 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 chargeback fee If CenturyLink is unable to charge your credit card for any reason the Late Charge 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 Please see the Rate Card for applicable charges You will not pay for the Services as defined above or
55. 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 v34 08081 1 ii Availability CenturyLink High Speed Internet service may not be available in a
56. onitor 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 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 data managing file and print sharing implementing procedures for a
57. ot 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 notice 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 CenturyLink Inc All rights reserved 12 v34 08081 1 iii Deposit CenturyLink may reasonably modify the payment terms or require other assurance of payment including a deposit based on Cust
58. 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 site and only during the term of this Agreement vii Web Design Services CenturyLink customers purchasing the Grow Essentials or Grow Complete packages Packages under the Agreement are eligible to receive optional Web design services described more fully on the
59. quipment f 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 g 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 the rates and charges set forth in the Rate Card If you put your Service on Seasonal Service your Service and any related Internet access will be unavailable 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 SOFT
60. r 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 set 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
61. r fees applicable to the Grow Complete Package and Additional Pages are non refundable once development work has commenced It is your sole responsibility to ensure that CenturyLink receives all necessary Content before design work begins No design work will be initiated until all required content is provided to CenturyLink b You must send Content to the CenturyLink design team in electronic format Fax copies and handwritten or typed hardcopy letters cannot be accepted c Web page development commences once your written submittal form is submitted via e mail and your Content has been provided to CenturyLink d Once you receive a beta site from the CenturyLink design team you have 5 business days to respond with approval or revisions Upon approval or if there is no response from you within 5 business days the Web site will be deemed accepted by you and CenturyLink will deem the service engagement completed e If you have revisions to the beta site the CenturyLink design team will complete the revisions and send you a final proof of the Web site You will be given an additional 5 business days to approve or make final alterations to Content before the Web site is deemed accepted by you and CenturyLink deems the service engagement completed f YOU ARE RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEB SITE INCLUDING ACCURATE SPELLING AND GRAMMAR CENTURYLINK WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMAT
62. rights 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 on a
63. rowser 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 prefer not to receive the CenturyLink web help service you should follow the opt out instructions that are available by clicking on the http www 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 August 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 Back
64. s 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 CenturyLink Inc All rights reserved 7 V34 08081 1 e Issues that exist prior to successful installation of networking equipment establishment of an operating network or prior to ordering Service Issues reported after the termination of Service On site support prior to successful installation of networking equipment and establishment of an operating network Issues resulting from your intentional abuse misuse or negligence 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 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 software 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
65. ssociated 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 This service has been grandfathered effective November 6 2008 and is only available to customers who ordered Qwest net dial up or CenturyLink High Speed Internet Service prior to that date CenturyLink Choice Internet Prime customers have 10 hours of local dial in access via the NationWide roaming numbers included in their package price If you use the Qwest net NationWide Roaming NWR service this Section also applies to your use of the Service All CenturyLink dial up numbers are subject to change immediately without notice A You are responsible for checking the availability of the NWR service for the particular city where you use the NWR service Local numbers are
66. t 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 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 offered by or through CenturyLink is subject to the third party provid
67. ted 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 calling 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 the Equipment at its option and return the replacement or repaired Equipment to you within thirty 80 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 c
68. ted 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 arbitrator 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 administrati
69. 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 ability to provide Service to another customer e g you cannot us
70. turyLink 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 time 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 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 A
71. tutes 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 MRCs and NRCs quoted to you during the ordering process and as set forth on qwest centurylink com legal highspeedinternetsubscriberagreement 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 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 Instal
72. ve 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 By 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 CenturyLink Inc All rights reserved 16 v34 08081 1 Consumer Residential accounts 1 800 603 6000 Small Business accounts o
73. yLink 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 provid
74. you provide to CenturyLink hereunder 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 control 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 F 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 The term of the Grow Complete Package commences when you submit

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