Coastal Fiber Residential Services Terms & Conditions

Coastal Elec­tric Coop­er­a­tive direct­ly and through its affil­i­ates (col­lec­tive­ly, “Coastal Fiber”) offers res­i­den­tial cus­tomers a range of ser­vices (each a “Ser­vice” and col­lec­tive­ly the “Ser­vices”) pur­suant to these Res­i­den­tial Ser­vices Terms and Con­di­tions includ­ing:

• Voice Ser­vices
• Broad­band Ser­vices
• IT Main­te­nance Ser­vices

1. Gen­er­al Pro­vi­sions

1.1 These Res­i­den­tial Ser­vices Terms and Con­di­tions, togeth­er with any Adden­da, Exhibits, and Sched­ules (attached now or at a lat­er date), incor­po­rate the pro­vi­sions, includ­ing pric­ing, of the Coastal Fiber Ser­vice Order des­ig­nat­ed to you, the cus­tomer (“Cus­tomer”), for the pur­chased Ser­vices (“Des­ig­nat­ed Coastal Fiber Ser­vice Order”), and vice ver­sa. These Res­i­den­tial Ser­vices Terms and Con­di­tions are incor­po­rat­ed into a Con­tract or Agree­ment for the Ser­vices, which may mod­i­fy or sup­ple­ment it. If no unex­pired Agree­ment exists, these Res­i­den­tial Ser­vices Terms and Con­di­tions apply to the receipt of or use of any Ser­vice not cov­ered by a Tar­iff. Cus­tomer acknowl­edges that each Des­ig­nat­ed Coastal Fiber Ser­vice Order togeth­er with these Res­i­den­tial Ser­vices Terms and Con­di­tions shall make up the agree­ment under which Coastal Fiber will pro­vide the pur­chased Ser­vices to Cus­tomer and shall be col­lec­tive­ly referred to here­after as the “Agree­ment.” Cus­tomer has read and under­stands the Des­ig­nat­ed Coastal Fiber Ser­vice Order, Adden­da, Exits, Sched­ules, and Res­i­den­tial ser­vices Terms and con­di­tions and agrees to be bound there­by. This Agree­ment shall be effec­tive upon estab­lish­ment of the Des­ig­nat­ed Coastal Fiber Ser­vice Order (“Effec­tive Date”) but month­ly billing and ser­vice term will not com­mence until instal­la­tion is com­plet­ed and the Coastal Fiber Deliv­ery con­fir­ma­tion Adden­dum is signed. Rates for the Ser­vices shall be delin­eat­ed in the Des­ig­nat­ed Coastal Fiber Ser­vice Order. Addi­tion­al Coastal Fiber Ser­vice Orders will be required to change or add to the ini­tial Ser­vices. Each sub­se­quent Coastal Fiber Ser­vice Order des­ig­nat­ed to Cus­tomer for changed or addi­tion­al ser­vices shall be added to this Agree­ment. Pric­ing excludes state and fed­er­al tax­es, reg­u­la­to­ry fees, and sur­charges. In case of any con­flict between these Res­i­den­tial Ser­vices Terms and con­di­tions and any Des­ig­nat­ed Coastal Fiber Ser­vice Order, the Des­ig­nat­ed Coastal Fiber Ser­vice Order shall pre­vail.

1.2 Coastal Fiber has the right to can­cel the Agree­ment with­in 45 days after the Effec­tive Date, in the event that Coastal Fiber deter­mines that Ser­vice can­not be pro­vid­ed eco­nom­i­cal­ly to Cus­tomer or for tech­ni­cal rea­sons, includ­ing but not lim­it­ed to: a tech­ni­cal­ly accept­able trans­mis­sion facil­i­ty to Customer’s premis­es is unavail­able; ade­quate capac­i­ty to pro­vide the Ser­vice is unavail­able; accept­able trans­mis­sion speed can­not be achieved after tech­ni­cal due dili­gence has been per­formed by Coastal Fiber; or Customer’s premis­es are locat­ed an exces­sive dis­tance from Coastal Fiber’s facil­i­ties.

1.3 Your con­tract includes this Agree­ment (includ­ing the Attach­ments here­to, which are incor­po­rat­ed into this Agree­ment by ref­er­ence), and also includ­ed the fol­low­ing mate­ri­als:

Your Cus­tomer Ser­vice Order Confirmation/Summary

Coastal Fiber Pri­va­cy Pol­i­cy

Coastal Fiber Accept­able Use Pol­i­cy

Coastal Fiber Copy­right Infringe­ment Enforce­ment Pol­i­cy

Coastal Fiber Net­work Trans­paren­cy State­ment and

Any oth­er doc­u­ments incor­po­rat­ed by ref­er­ence here­in or there­in.

2. Rates and Charges

2.1 The rates and charges, includ­ing both recur­ring and non-recur­ring charges, for the indi­vid­ual Ser­vices that com­prise the com­plete pack­age of Ser­vices ordered by the Cus­tomer can be found in the Des­ig­nat­ed Coastal Fiber Ser­vice Order.

2.2 Month­ly recur­ring charges will be billed one month ahead, and shall be due and payable for the term of this Agree­ment, or until all Ser­vices ordered by Cus­tomer are com­plete­ly dis­con­nect­ed pur­suant to Coastal Fiber’s nor­mal dis­con­nec­tion process, whichev­er event occurs first in time. The com­plete dis­con­nec­tions of all Ser­vices ordered by the Cus­tomer will con­sti­tute a Can­cel­la­tion of Ser­vices, for which a Can­cel­la­tion Fee may apply (see sec­tion 6 below).

2.3 All non-recur­ring charges to be charged as a result of this agree­ment are due and payable as of the “Effec­tive Date” of the Des­ig­nat­ed Coastal Ser­vice Order unless oth­er­wise list­ed in the Des­ig­nat­ed Coastal Fiber Ser­vice Order.

3. Terms and Con­di­tions

3.1 The term of this Agree­ment shall be as spec­i­fied in the Des­ig­nat­ed Coastal Fiber Ser­vice Order (“Term”) and shall be mea­sured from the date that Ser­vice is turned up as not­ed in the “Coastal Fiber Deliv­ery Con­fir­ma­tion Adden­dum” which shall be con­sid­ered an adden­dum to the Agree­ment. On the ini­tial and on any sub­se­quent expi­ra­tion dates, the Agree­ment will renew auto­mat­i­cal­ly for a peri­od of one year unless a dif­fer­ent term is spec­i­fied in writ­ing or unless either Par­ty gives writ­ten notice to the oth­er Par­ty at least thir­ty (30) days pri­or to the expi­ra­tion of the then exist­ing term that it elects not to renew the Agree­ment.

3.2 Fees and Pay­ment Sched­ule. The fees and pay­ment sched­ule for the Ser­vices are set out in the Des­ig­nat­ed Coastal Fiber Ser­vice Order. Rates shall be fixed for the Term unless oth­er­wise not­ed on the Des­ig­nat­ed Coastal Fiber Ser­vice Order, but may be increased at Coastal Fiber’s dis­cre­tion before any renew­al term with 30 days writ­ten notice to Cus­tomer. For the Term of the Agree­ment, Cus­tomer will not be charged a greater rate than the rates not­ed in the Des­ig­nat­ed Coastal Fiber Ser­vice Order. Pay­ment on invoiced charges is due with­in twen­ty (20) days of the invoice date. Bal­ances which remain unpaid more than twen­ty (20) days from the invoice date shall be deemed past due and may be sub­ject to late charges not to exceed 1 1/2%, per month, or the high­est rate allowed by law, whichev­er is less. Cus­tomer shall be liable for all costs incurred in col­lec­tion of past due bal­ances includ­ing but not lim­it­ed to col­lec­tions fees, attor­neys’ fees, fil­ing fees, and court costs.

3.3 Tax­es. Cus­tomer agrees that, dur­ing the Term of this Agree­ment, in addi­tion to any oth­er pay­ments, cus­tomer will prompt­ly pay all tax­es, assess­ments, and oth­er gov­ern­men­tal charges levied or assessed in con­nec­tion with the Ser­vices pro­vid­ed here­un­der, and will prompt­ly pay or reim­burse Coastal Fiber for all tax­es, assess­ments and oth­er gov­ern­men­tal charges, as applic­a­ble.

3.4 Autho­rized Con­tact Per­son. Cus­tomer shall des­ig­nate in writ­ing one or more Autho­rized Con­tact Person(s) (ACP) for the Agree­ment to act as Coastal Fiber’s point of con­tact for Cus­tomer. The ini­tial ACP(s) will be not­ed in the Des­ig­nat­ed Coastal Fiber Ser­vice Order, how­ev­er, should the Cus­tomer desire to change their ACP(s) at a lat­er date, the Cus­tomer should prompt­ly com­mu­ni­cate such change(s) to their Coastal Fiber Account Exec­u­tive.

4. War­ranties and Lim­i­ta­tions of Lia­bil­i­ty

4.1 Coastal Fiber makes no war­ran­ty, expressed or implied, includ­ing but not lim­it­ed to, any war­ran­ty of fit­ness for a par­tic­u­lar pur­pose or use, or any war­ran­ty of mer­chantabil­i­ty with respect to ser­vices or prod­ucts fur­nished here­un­der, all such war­ranties being specif­i­cal­ly dis­claimed by com­pa­ny.

4.2 In no event shall Coastal Fiber be liable for any indi­rect, inci­den­tal, spe­cial, puni­tive, or con­se­quen­tial dam­ages what­so­ev­er aris­ing out of or in con­nec­tion with this Agree­ment incurred or suf­fered by Cus­tomer or any third par­ty, even if the oth­er par­ty or any oth­er per­son has been advised of the pos­si­bil­i­ty of dam­ages.

4.3 Cus­tomer is respon­si­ble for report­ing any ser­vice out­ages or degra­da­tion to Coastal Fiber by call­ing the Coastal Fiber repair line, 833–434-3311. Unless oth­er­wise not­ed in the Des­ig­nat­ed Coastal Fiber Ser­vice Order, Coastal Fiber will respond as quick­ly as pos­si­ble in the event of a ser­vice out­age which is caused by the Coastal Fiber Net­work and which is not a Force Majeure event as described in Sec­tion 5 below.

4.4 Except for per­son­al injury caused by Coastal Fiber’s neg­li­gence or will­ful mis­con­duct, the entire lia­bil­i­ty of Coastal Fiber and its affil­i­ates for any dam­age or expense from any cause what­so­ev­er shall in no event exceed the month­ly recur­ring charge of the prod­uct or ser­vice which direct­ly gives rise to the claim.

4.5 No action or pro­ceed­ing against Coastal Fiber or its affil­i­ates may be com­menced more than twen­ty-four months after the claim aris­es.

4.6 Indem­ni­fi­ca­tion. Each Par­ty (the “Indem­ni­fy­ing Par­ty”) shall indem­ni­fy and hold harm­less the oth­er Par­ty (Indem­ni­fied Par­ty”) from and against loss­es, costs, claims, lia­bil­i­ties, dam­ages, and expens­es (includ­ing rea­son­able attorney’s fees) (col­lec­tive­ly, “Dam­ages”) suf­fered or assert­ed by oth­er third par­ties for:

• a. dam­age to tan­gi­ble per­son­al prop­er­ty or per­son­al injury prox­i­mate­ly caused by the neg­li­gence or will­ful mis­con­duct of the Indem­ni­fy­ing Par­ty, its employ­ees, agents or con­trac­tors; and
• b. Claims for libel, slan­der, or infringe­ment of copy­right aris­ing from the mate­r­i­al trans­mit­ted over the Indem­ni­fied Party’s facil­i­ties aris­ing from the Indem­ni­fy­ing Party’s own com­mu­ni­ca­tions (includ­ing its employ­ees, agents, and con­trac­tors).
• Nei­ther Party’s indem­ni­fi­ca­tion oblig­a­tions here­un­der shall be applic­a­ble to any Dam­ages to the extent caused by, aris­ing out of or in con­nec­tion with, the neg­li­gence, inten­tion­al acts or omis­sions or will­ful mis­con­duct of the Indem­ni­fied Par­ty, includ­ing its employ­ees, agents, and con­trac­tors.

5. Force Majeure

5.1 Coastal Fiber shall not be liable for delay in per­for­mance or non­per­for­mance of any term or con­di­tion of this Agree­ment direct­ly or indi­rect­ly result­ing from mat­ters beyond Coastal Fiber’s con­trol, includ­ing, with­out lim­i­ta­tion, fire, explo­sion, ter­ror­ism, acci­dent, flood, labor trou­ble or stop­page, any reg­u­la­tion, rule or act pro­mul­gat­ed by any gov­ern­men­tal agency, inabil­i­ty to obtain or short­age of suit­able soft­ware, mate­r­i­al, com­po­nents, parts, equip­ment, machin­ery, fuel, pow­er, trans­porta­tion, acts of God, a fiber cut or dam­age caused by a third Par­ty or any oth­er caus­es beyond Coastal Fiber’s con­trol. Either par­ty may ter­mi­nate its oblig­a­tions under this Agree­ment if ordered to do so by the final order or rul­ing of a court or oth­er gov­ern­men­tal agency or is such order or rul­ing would make it impos­si­ble for either par­ty to car­ry out its oblig­a­tions under this Agree­ment. In addi­tion, if at any time dur­ing the Term of this Agree­ment, the action of a gov­ern­men­tal agency requires mod­i­fi­ca­tion of the Ser­vices pro­vid­ed here­un­der so as to impair such Ser­vices.

6. Ter­mi­na­tion or Can­cel­la­tion of Ser­vice

6.1 Ser­vice Terminations/Cancellation of Ser­vice by Cus­tomer

You may can­cel your Ser­vice, but if you do so before the end of any applic­a­ble term, you will be sub­ject to an ear­ly ter­mi­na­tion fee which may be asso­ci­at­ed with that plan as spec­i­fied in your Des­ig­nat­ed Coastal Fiber Ser­vice Order or the applic­a­ble Fee Schedule(s) (referred to an “Ear­ly Ter­mi­na­tion Fee” or “ETF”). At the con­clu­sion of your term, or at all times if you did not agree to a Term Plan, your con­tin­ued Ser­vice will be pro­vid­ed on a month-to-month basis. If you elect to con­tin­ue Ser­vice on a month-to-month basis, you should review the then cur­rent Agree­ment reg­u­lar­ly on our Poli­cies page.

The then-cur­rent Agree­ment will gov­ern your Ser­vice. Your elec­tion to con­tin­ue Ser­vice rep­re­sents your agree­ment to the then-cur­rent Agree­ment.

6.2 Ser­vice Suspension/Termination by Com­pa­ny

Coastal Fiber may imme­di­ate­ly ter­mi­nate or sus­pend your Account, and all or a por­tion of your Ser­vice with­out notice for any of the rea­sons set forth in Coastal Fiber’s Accept­able Use Pol­i­cy, or if : (a) you pro­vide false or inac­cu­rate infor­ma­tion to Coastal Fiber; (b) you (or any­one you per­mit to uti­lize the Ser­vice); vio­late this Agree­ment or the Coastal Fiber Accept­able Use Pol­i­cy; © you (or any­one you per­mit to uti­lize the Ser­vice) engage in con­duct that is a vio­la­tion of any law, reg­u­la­tion or tar­iff (includ­ing, with­out lim­i­ta­tion, copy­right and intel­lec­tu­al prop­er­ty laws); or, (d) if you engage in con­duct that is threat­en­ing, abu­sive or harass­ing to Coastal Fiber, employ­ees or any of their vendor’s employ­ees or rep­re­sen­ta­tives. You may also be sub­ject to sus­pen­sion or ter­mi­na­tion. If we ter­mi­nate your Ser­vice and you have a term com­mit­ment that is sub­ject to an ETF, we may charge you that ETF addi­tion to any oth­er rights that we reserve in oth­er pro­vi­sions of this Agree­ment. If we ter­mi­nate or sus­pend­ed your Ser­vice, your license to use any soft­ware pro­vid­ed in con­nec­tion with the Ser­vice is also ter­mi­nat­ed or sus­pend­ed (as applic­a­ble). If your Ser­vice is ter­mi­nat­ed, Coastal Fiber has the right to imme­di­ate­ly delete all data, files, and oth­er infor­ma­tion stored in or for your account with­out fur­ther notice to you. You must pay all charges for the Ser­vice through the date of ter­mi­na­tion.

7. Applic­a­ble Law.

7.1 This Agree­ment shall be gov­erned and inter­pret­ed accord­ing to the laws of the State of Geor­gia.

8. Ter­mi­na­tion of Agree­ment

8.1 In addi­tion to ter­mi­na­tion pur­suant to Para­graph 1 of these Terms and con­di­tions, this Agree­ment shall ter­mi­nate as pro­vid­ed in this Para­graph 8. If either par­ty (the “Offend­ing Par­ty”) shall 9i) breach one or more of its oblig­a­tions here­un­der with­out cor­rect­ing the same with­in thir­ty (30) days of writ­ten notice from the oth­er par­ty spec­i­fy­ing the nature there­of, how­ev­er, that where such fail­ure can­not rea­son­ably be cured with­in such 30 day peri­od, if the default­ing Par­ty shall pro­ceed prompt­ly to cure the same and pros­e­cute such cure with due dili­gence, the time for cur­ing such breach shall be extend­ed for such a peri­od of time as may be nec­es­sary to com­plete such cur­ing up to a max­i­mum cure peri­od of six­ty (60) days; or (ii) apply for, con­sent to or suf­fer the appoint­ment of a receiv­er, trustee, cus­to­di­an or liq­uida­tor of all or any sub­stan­tial par­ty of its assets, or (iii) make a gen­er­al assign­ment for the ben­e­fit of cred­i­tors, or (iv) file a peti­tion or answer seed­ing, or admit­ting or shall oth­er­wise take advan­tage of bank­rupt­cy, reor­ga­ni­za­tion or oth­er relief under applic­a­ble bank­rupt­cy law, then this shall be con­sid­ered to be an “Event of Default” by such Offend­ing Par­ty.

8.2 Upon an Event of Default, the oth­er par­ty (the “Offend­ed Par­ty”) may there­upon ter­mi­nate this Agree­ment by giv­ing the Offend­ing Par­ty 30 days writ­ten notice of ter­mi­na­tion. Upon an Event of Default, each par­ty shall have all reme­dies avail­able to it under this Agree­ment, at law or in equi­ty, and all such reme­dies shall be cumu­la­tive. Notwith­stand­ing any oth­er pro­vi­sion of this Agree­ment, Coastal may ter­mi­nate this Agree­ment upon ten days pri­or writ­ten notice if the Cus­tomer fails or refus­es to pay Coastal Fiber in accor­dance with the pro­vi­sions of this Agree­ment. Upon ter­mi­na­tion of this Agree­ment for any rea­son, Costal Fiber shall be enti­tled to all pay­ments due from Cus­tomer under this Agree­ment and the return of any equip­ment, hard­ware, and soft­ware owned by Coastal Fiber, includ­ing Cus­tomer Premise Equip­ment (CPE) that is in the pos­ses­sion or con­trol of Cus­tomer at the time or ter­mi­na­tion. If Cus­tomer fails to return such equip­ment, hard­ware and soft­ware, Cus­tomer shall incur the oblig­a­tion to pay the fair mar­ket val­ue of all unre­turned equip­ment, hard­ware and soft­ware. Ter­mi­na­tion of this Agree­ment shall not relieve Cus­tomer of any unful­filled oblig­a­tions cre­at­ed here­un­der, unless agreed to in writ­ing by Coastal Fiber.

9. Sev­er­abil­i­ty

9.1 In the event any pro­vi­sion con­tained in this Agree­ment is for any rea­son held to be unen­force­able in any respect, such unen­force­abil­i­ty shall not affect any oth­er pro­vi­sion of this Agree­ment, and the Agree­ment shall be then con­strued as if such an unen­force­able pro­vi­sion or pro­vi­sions had nev­er been includ­ed in this Agree­ment.

10. Waiv­er

10.1 The fail­ure of either par­ty to enforce or insist upon com­pli­ance with any of the terms and con­di­tions of this Agree­ment, the waiv­er of any term or con­di­tion of this Agree­ment, or the grant­i­ng of an exten­sion of the time for per­for­mance, shall not con­sti­tute and Agree­ment to waive such terms with respect to any oth­er occur­rences.

11. Suc­ces­sors and Assigns

11.1 Cus­tomer may not assign this Agree­ment with­out the express writ­ten con­sent of Coastal Fiber. Assign­ment of this Agree­ment shall not release Cus­tomer from lia­bil­i­ty here­un­der and the terms and con­di­tions of this Agree­ment shall also be bind­ing upon the suc­ces­sors and assigns of the par­ties here­to.

12 Com­pli­ance with Applic­a­ble Laws

12.1 Each par­ty agrees to com­ply with all laws, rules and reg­u­la­tions applic­a­ble to the per­for­mance of its oblig­a­tions here­un­der. With­out lim­it­ing the gen­er­al­i­ty of the fore­go­ing, the Cus­tomer will have respon­si­bil­i­ty for ensur­ing that, except in respect to work per­formed here­un­der by Coastal Fiber, or Coastal Fiber sub­con­trac­tors or agents; the premis­es meet all applic­a­ble codes or oth­er laws. Cus­tomer agrees to prompt­ly cor­rect any non­com­pli­ance with applic­a­ble codes and oth­er laws if such non­com­pli­ance in any way pre­vents Coastal Fiber from per­form­ing under this Agree­ment. This Agree­ment is sub­ject to all applic­a­ble fed­er­al, state and local laws, and reg­u­la­tions, rul­ings and orders of gov­ern­men­tal agen­cies, includ­ing, but not lim­it­ed to, the Com­mu­ni­ca­tions Act of 1934, as amend­ed, the Rules and Reg­u­la­tion of the FCC, Coastal Fiber’s applic­a­ble tar­iffs and price lists, if any, and the obtain­ing and con­tin­u­ance of any required approval or autho­riza­tion of the FCC or any gov­ern­men­tal body.

13. Ser­vice or Net­work Changes and Fail­ure

13.1 In the event that Cus­tomer makes changes so as to require Coastal Fiber to make addi­tions, moves, changes or redesigns to the ser­vices or equip­ment that it is pro­vid­ing to the Cus­tomer, then Cus­tomer shall pay all costs and expens­es incurred by Coastal Fiber for such addi­tions, moves, changes or redesigns. In the event that Cus­tomer desires to change the In-Ser­vice Date on a Ser­vice Request after accep­tance by Coastal Fiber, Cus­tomer may change the In Ser­vice Date, at no charge, five (5) busi­ness days pri­or to the In Ser­vice Date unless oth­er­wise not­ed in the Des­ig­nat­ed Coastal Fiber Ser­vice Order. In the event Cus­tomer desires to change the In-Ser­vice Date on less than five 5 busi­ness days’ notice, or in the event that Cus­tomer changes the In-Ser­vice Date more than once, Cus­tomer shall pay a charge of $100.00 plus any costs incurred by Coastal Fiber as a result of the Customer’s change of the In-Ser­vice Date.

13.2 Com­pa­ny reserves the right to tem­porar­i­ly sus­pend or ter­mi­nate Ser­vice as nec­es­sary to make changes in how we pro­vide Ser­vice to you over our facil­i­ties and net­work. To the extent required by this agree­ment, applic­a­ble reg­u­la­tions and law, we will pro­vide rea­son­able advance notice of net­work changes. In order to ensure con­tin­ued qual­i­ty Ser­vice to your premise, net­work changes may require a tech­ni­cian to be dis­patched to install new or addi­tion­al net­work equip­ment or facil­i­ties to your premise. Net­work equip­ment or facil­i­ties installed at your home may require the use of your elec­tri­cal pow­er for the oper­a­tion of our facil­i­ties. If you decline to allow the instal­la­tion of the new net­work equip­ment or facil­i­ties at your premise, Com­pa­ny may be forced to ter­mi­nate or sus­pend your ser­vice in accor­dance with Sec­tion 8.

13.3 In the event that Ser­vice fails (i) as a result of Cus­tomer pro­vid­ed facil­i­ties, wiring or equip­ment; pro­vid­ed, that, such fail­ure is not caused by the gross neg­li­gence or will­ful mis­con­duct of Coastal Fiber; (ii) due to insuf­fi­cient Inter­net Band­width pro­vid­ed by anoth­er provider; (iii) due to equip­ment or wiring that has been sub­ject­ed to Customer’s, or any oth­er third party’s tam­per­ing, mis­use, neglect, acci­dent, unau­tho­rized mod­i­fi­ca­tion, or to uses in vio­la­tion of instruc­tions fur­nished by the man­u­fac­tur­er; (iv) due to equip­ment in which the ser­i­al num­ber has been removed or altered, or (v) due to any oth­er fail­ure caused by the Cus­tomer, its agents, ven­dors, or oth­er relat­ed par­ties, the Coastal Fiber shall have not lia­bil­i­ty to Cus­tomer for such fail­ure of telecom­mu­ni­ca­tions.

14. Customer’s Respon­si­bil­i­ties

14.1 Cus­tomer, at Customer’s own expense, shall be respon­si­ble for all charges relat­ing in any way to the pro­vi­sion of the Coastal Fiber Prod­ucts or Ser­vices, includ­ing, with­out lim­i­ta­tion, charges aris­ing from mis­use, abuse, or fraud­u­lent access to the Coastal Fiber Prod­ucts or Ser­vices. Cus­tomer shall not use the Coastal Fiber Prod­ucts or Ser­vices or per­mit any use of the Coastal Fiber Prod­ucts or Ser­vices which is ille­gal, unlaw­ful, or harass­ing. Cus­tomer must main­tain rea­son­able secu­ri­ty pro­ce­dures and stan­dards with respect to Customer’s equip­ment that inter­faces with the Coastal Fiber Prod­ucts or Ser­vices. Equip­ment pro­vid­ed by Coastal Fiber that is the prop­er­ty of Coastal Fiber must be returned in the event of ter­mi­na­tion of Coastal Fiber Prod­ucts or Ser­vices. Cus­tomer must pro­vide Coastal with 30 days writ­ten noti­fi­ca­tion of any moves requir­ing Coastal equip­ment relo­ca­tion. Cus­tomer here­by agrees to indem­ni­fy Coastal Fiber and its affil­i­ates against any lia­bil­i­ties incurred by them to any Third par­ty as a result of the Customer’s use of the Coastal Fiber Prod­ucts or Ser­vices. In the event Cus­tomer noti­fies Coastal Fiber of sus­pect­ed prod­uct or ser­vice fail­ure, which con­sti­tutes Coastal Fiber pro­vid­ing a Ser­vice Call to Customer’s premise, with the ensu­ing results being deter­mined as not relat­ed to Coastal Fiber’s Prod­ucts of Ser­vices, Coastal Fiber shall at it dis­cre­tion ren­der invoiced charges to Cus­tomer pur­suant to applic­a­ble stan­dard rates.

14.2 Access to Premis­es. Cus­tomer will pro­vide Coastal Fiber with rea­son­able access to its premis­es in order to install, main­tain, and repair the Coastal Fiber Prod­ucts or Ser­vices, and Cus­tomer shall autho­rize any oth­er employ­ee or its des­ig­nat­ed agent to grant access to Customer’s premis­es for these pur­pos­es. Cus­tomer under­stands and agrees that Coastal Fiber may drill, cut, and oth­er­wise alter improve­ments on the premis­es. If Cus­tomer does not own its premis­es, Cus­tomer war­rants that Cus­tomer has obtained per­mis­sion from any nec­es­sary par­ty, includ­ing but not lim­it­ed to the own­er, land­lord, or build­ing man­ag­er, to make the alter­ations that Coastal deems appro­pri­ate. Cus­tomer acknowl­edges that Coastal Fiber may use exist­ing wiring, includ­ing alter­ing the wiring and remov­ing acces­sories, locat­ed with­in Customer’s premis­es.

15. INDEPENDENT CONTRACTOR STATUS

15.1 Coastal Fiber is engaged in an inde­pen­dent busi­ness and will per­form all oth­er oblig­a­tions under this Agree­ment as an inde­pen­dent con­trac­tor and not as the agent or employ­ee of the Cus­tomer. Coastal Fiber’s per­son­nel shall be con­sid­ered sole­ly the employ­ees of Coastal Fiber and not employ­ees or agents of the Cus­tomer. Coastal Fiber has and retains the right to exer­cise full con­trol of and super­vi­sion over the per­for­mance of the ser­vices it pro­vides and full con­trol over the employ­ment, direc­tion, assign­ment, com­pen­sa­tion, and dis­charge of all of its per­son­nel per­form­ing ser­vices and full con­trol of and super­vi­sion of its con­trac­tors. Coastal Fiber is sole­ly respon­si­ble for all mat­ters relat­ing to the com­pen­sa­tion and ben­e­fits for all of Coastal Fiber’s per­son­nel. Coastal Fiber and Cus­tomer agree to the fol­low­ing rights con­sis­tent with an inde­pen­dent con­trac­tor rela­tion­ship:

15.2 Coastal Fiber has the right to per­form ser­vices for oth­ers dur­ing the term of this con­tract.

15.3 Coastal Fiber has the sole right to con­trol and direct the means, man­ner and method by which the ser­vices required by this con­tract will be per­formed.

15.4 Coastal Fiber has the right to hire assis­tants as sub-con­trac­tors, or to use employ­ees to pro­vide the ser­vices required by this Agree­ment.

15.5 Coastal Fiber or its employ­ees or sub-con­trac­tors shall per­form the ser­vices required by this con­tract.

15.6 Coastal Fiber shall allo­cate and shall have full con­trol of per­son­nel and sched­ule required to ful­fill the Ser­vices pro­vid­ed to Cus­tomer under this Agree­ment.

15.7 Cus­tomer will not attempt to hire Coastal Fiber’s employ­ees. If dur­ing the term of, or with­in twelve (12) months after the ter­mi­na­tion of this Agree­ment, the Cus­tomer hires direct­ly, or indi­rect­ly con­tracts with any of Coastal Fiber’s employ­ees for the per­for­mance of ser­vices sim­i­lar to those pro­vid­ed by Coastal Fiber under this Agree­ment, cus­tomer agrees to pay either one year of the salary Coastal Fiber paid to the employ­ee or the amount paid to the employ­ee by the cus­tomer at the time of hir­ing, whichev­er is high­er.

16. RESOLVING DISPUTES

16.1 In the event of any dis­pute aris­ing in con­nec­tion with this Agree­ment, the Par­ties shall use good faith efforts to arrive at an agree­able res­o­lu­tion through dis­cus­sions esca­lat­ing to at least the Vice Pres­i­dent lev­el with­in their respec­tive orga­ni­za­tions. The Par­ty ini­ti­at­ing the dis­pute shall pro­vide writ­ten notice to the oth­er Par­ty of such dis­pute, which shall set forth the nature of the dis­pute and the rem­e­dy request­ed.

16.2 The Par­ties shall nego­ti­ate in good faith for a peri­od of thir­ty (30) days after the non-ini­ti­at­ing Par­ty has received such notice of dis­pute.

16.3 If after such peri­od the Par­ties are unable to agree upon a res­o­lu­tion, then either Par­ty may ini­ti­ate medi­a­tion in accor­dance with the pro­ce­dures set forth in sec­tion 16.4.

16.4 Medi­a­tion.

16.4.1 In the event the dis­pute between the Par­ties can­not be resolved by good faith nego­ti­a­tions, the Par­ties agree to par­tic­i­pate in non-bind­ing medi­a­tion.

16.4.2 A medi­a­tor will be select­ed by hav­ing coun­sel for each Par­ty agree on a sin­gle per­son to act as medi­a­tor. The Par­ties’ coun­sel, as well as offi­cers of each Par­ty, and not more than two oth­er par­tic­i­pants from each Par­ty will appear before the medi­a­tor at a time and place deter­mined by the medi­a­tor, but not more than six­ty (60) days after the end of the good faith nego­ti­at­ing peri­od.

16.4.3 The fees of the medi­a­tor and oth­er costs of medi­a­tion will be shared equal­ly by the Par­ties.

16.5 Lit­i­ga­tion

16.5.1 If, with­in two (2) years fol­low­ing notice of a dis­pute, the dis­pute is not resolved via non-bind­ing medi­a­tion, the Par­ties may resort to lit­i­ga­tion in a court of com­pe­tent juris­dic­tion locat­ed in Lib­er­ty Coun­ty, GA.

17. CONFIDENTIALITY

17.1 Each Par­ty for itself, its employ­ees, agents and rep­re­sen­ta­tives agrees that it will not divulge any con­fi­den­tial or pro­pri­etary infor­ma­tion it receives from the oth­er Par­ty, except as may be required by law. The terms and con­di­tions of this Ser­vice Agree­ment shall be con­strued con­fi­den­tial or pro­pri­etary infor­ma­tion under this Sec­tion 17. In the event that the Cus­tomer fails to com­ply with this Sec­tion 17, Coastal Fiber reserves the right to ter­mi­nate the Agree­ment by notice in writ­ing with imme­di­ate effect.

18. ENTIRE AGREEMENT

18.1 This Agree­ment, togeth­er with any Des­ig­nat­ed Coastal Fiber Ser­vice Order, Adden­da, Exhibits, or Sched­ules attached here­to, or to be attached in the future, or the Coastal Fiber Broad­band Terms and Con­di­tions and Accept­able Use Pol­i­cy or any Amend­ments attached here­to, sets forth the entire under­stand­ing of the par­ties and super­sedes any and all pri­or agree­ments, arrange­ments or under­stand­ings relat­ed to the Ser­vices described here­in and there­in, and no rep­re­sen­ta­tion, promise, induce­ment or state­ment of inten­tion has been made by either par­ty which is not embod­ied here­in. Coastal Fiber shall not be bound by any agents’ or employ­ees’ rep­re­sen­ta­tions, promis­es, or induce­ments not set forth here­in.

19. EQUIPMENT

19.1 Cus­tomer agrees to abide by the fol­low­ing terms and con­di­tions. In order to receive Ser­vices from Coastal Fiber, equip­ment owned by Coastal Fiber, here­inafter col­lec­tive­ly referred to as the “equip­ment.”, will be installed by Coastal Fiber. The Cus­tomer under­stands that they have not pur­chased this equip­ment and it must be used and returned to Coastal Fiber upon ter­mi­na­tion of ser­vices. Cus­tomer is respon­si­ble for the loss or dam­age to the equip­ment that has been installed from Coastal Fiber. Cus­tomer has no right to sell, give away, trans­fer, pledge, mort­gage, remove, relo­cate, alter, or tam­per with the equip­ment at any time. Equip­ment is to be sole­ly used for the pro­vi­sion of Coastal Fiber Ser­vices to Cus­tomer and may not be used for any oth­er pur­pose. Coastal Fiber is not respon­si­ble for any spe­cial, inci­den­tal, or con­se­quen­tial dam­ages relat­ing to the equip­ment pro­vid­ed to Cus­tomer. In the event that the equip­ment becomes inop­er­a­tive, Cus­tomer shall call the Coastal Fiber tech­ni­cal sup­port imme­di­ate­ly. Cus­tomer is respon­si­ble for any dam­age to equip­ment due to Cus­tomer neg­li­gence or will­ful mis­con­duct. Upon ter­mi­na­tion of Coastal Fiber Ser­vices, arrange­ments will be made for Coastal Fiber tech­ni­cians to unin­stall the equip­ment and remove it from Cus­tomer’s premise. The equip­ment must be returned in good work­ing order. In the event that the equip­ment is not returned in good work­ing order, Cus­tomer will be charged replace­ment val­ue for each item of the equip­ment not returned in good work­ing order.

Attach­ment A – Addi­tion­al Terms for Voice Ser­vices

I. GENERAL VOICE TERMS

A. Coastal Fiber pro­vides voice com­mu­ni­ca­tion ser­vices which include direct-dialed call­ing and cer­tain advanced fea­tures. Coastal Fiber reserves the right to offer, mod­i­fy or dis­con­tin­ue fea­tures or advanced fea­tures, and may , in Coastal Fiber’s dis­cre­tion, require addi­tion­al charges for fea­tures. The Ser­vice may or may not include mobile or nomadic abil­i­ty.

B. When Cus­tomer accepts the voice ser­vice, Cus­tomer becomes the main account hold­er for each tele­phone num­ber assigned to the Ser­vice and all plans, fea­tures, and func­tion­al­i­ties asso­ci­at­ed with each tele­phone num­ber, whether those tele­phone num­bers, plans, fea­tures, and func­tion­al­i­ties are pur­chased ini­tial­ly or are added sub­se­quent­ly.

C. For voice ser­vice, non-recur­ring and usage-based charges are gen­er­al­ly billed in the billing cycle fol­low­ing the trans­ac­tion and include, but are not lim­it­ed to, inter­na­tion­al call­ing (includ­ing sur­charges for inter­na­tion­al ter­mi­na­tion to a wire­less phone num­ber), Oper­a­tor Ser­vices, Direc­to­ry Assis­tance, call trace, and over­age min­utes asso­ci­at­ed with defined min­utes-of-use plans. Par­tial min­utes are round­ed up for per-minute usage charges. Cus­tomer shall not resell or redis­trib­ute (whether for a fee or oth­er­wise) the voice ser­vice, or any por­tion there­of, or oth­er­wise charge oth­ers to use the Ser­vice, or any por­tion there­of, unless there is a spe­cif­ic agree­ment which allows such resale.

D. Voice ser­vice requires Cus­tomer Premise Equip­ment (CPE) that may be pro­vid­ed by the Cus­tomer or by Coastal Fiber. The CPE must be com­pat­i­ble with the par­tic­u­lar voice ser­vice ordered by Cus­tomer. Cus­tomer must com­ply with all Coastal Fiber guide­lines and pro­ce­dures for 911 if the CPE is moved from the orig­i­nal­ly installed loca­tion or Cus­tomer uses a voice app on a mobile device. Voice ser­vice also uses elec­tri­cal pow­er in your home. If there is an elec­tri­cal pow­er out­age, 911 call­ing may be inter­rupt­ed if a bat­tery back­up is not installed, fails or is exhaust­ed after sev­er­al hours.

E. Cus­tomer also acknowl­edges that Coastal Fiber may estab­lish gen­er­al prac­tices and lim­its con­cern­ing use of the voice ser­vice and may restrict calls to cer­tain area codes (e.g., 900/976 calls) as deter­mined by Coastal Fiber. Cus­tomer acknowl­edge that Coastal Fiber also reserves the right to log off accounts or dis­con­nect ses­sions that are inac­tive for an extend­ed peri­od of time. Cus­tomer fur­ther acknowl­edge that Coastal Fiber reserves the right to change its gen­er­al prac­tices and lim­its at any time with­out advance notice.

F. Local Num­ber Porta­bil­i­ty. In the event Cus­tomer is trans­fer­ring an exist­ing non-Coastal Fiber phone num­ber to Coastal Fiber for its voice ser­vice (i.e., port­ing a num­ber to Tele­phone and Long Dis­tance Ser­vice), Cus­tomer autho­rizes Coastal Fiber to process its order for Tele­phone and Long Dis­tance and to noti­fy the exist­ing voice provider of the Customer’s deci­sion to switch it’s local, local toll, and long dis­tance ser­vices to Coastal Fiber voice ser­vice, and Cus­tomer rep­re­sents that Cus­tomer is autho­rized to take this action. Not all tele­phone num­bers are eli­gi­ble for port­ing to voice ser­vice.

G. Alarm and Oth­er Device Com­pat­i­bil­i­ty. Mon­i­tored fire alarm and bur­glar alarm sys­tems and med­ical mon­i­tor­ing devices may not be com­pat­i­ble with voice ser­vices.

H. If Cus­tomer has or pur­chas­es a mon­i­tored fire alarm or bur­glar alarm sys­tem or a med­ical mon­i­tor­ing device that Cus­tomer intends to use with voice as the com­mu­ni­ca­tions path­way, Cus­tomer agrees to con­tact its provider for those systems/devices to deter­mine com­pat­i­bil­i­ty with voice ser­vice and to arrange for the alarm or med­ical mon­i­tor­ing provider to test such systems/devices after instal­la­tion of voice ser­vice. Cus­tomer also acknowl­edges and under­stands that even if such sys­tems and devices are com­pat­i­ble with voice ser­vice, they will not be able to com­mu­ni­cate with mon­i­tor­ing sta­tions dur­ing a pow­er out­age unless Cus­tomer main­tains bat­tery back­up pow­er for voice as described in this Agree­ment. If Cus­tomer pur­chas­es a mon­i­tored bur­glar alarm or mon­i­tored fire alarm sys­tem after the Ser­vice has been installed, Cus­tomer also agrees to call Coastal Fiber pri­or to instal­la­tion of any such sys­tem.

I. Inside Wiring: , Coastal Fiber is not respon­si­ble for the oper­abil­i­ty or main­te­nance of any wiring beyond the Coastal Fiber point of demar­ca­tion which shall be the Coastal Fiber net­work inter­face device (NID) or the Coastal Fiber Opti­cal Net­work Ter­mi­nal (ONT), as applic­a­ble, except where Cus­tomer has pur­chased an inside wiring main­te­nance plan from Coastal Fiber. Cus­tomer will be charged for a ser­vice call and all applic­a­ble repair charges if Coastal Fiber responds to a request for ser­vice and deter­mines that the prob­lem is caused by the inside wiring.

J. 911 and Ser­vice Require­ments. Coastal Fiber 911 ser­vice is a safe and reli­able means of emer­gency dial­ing but is dif­fer­ent from tra­di­tion­al 911 and may dif­fer depend­ing on where you are locat­ed when using your Coastal Fiber ser­vice. Most of our cus­tomers have access to either basic 911 or Enhanced 911 (E911) ser­vice. With E911 ser­vice, when you dial 911 your Coastal Fiber tele­phone num­ber and reg­is­tered address is sent to the local emer­gency cen­ter serv­ing your loca­tion, and emer­gency oper­a­tors have access to this infor­ma­tion in order to send help and call you back if nec­es­sary. With basic 911 or lim­it­ed E911 ser­vice, when you dial 911, local emer­gency oper­a­tors answer­ing the call may not see your Coastal Fiber tele­phone num­ber or your reg­is­tered address because the emer­gency cen­ter may not be equipped to receive, cap­ture or retain your Coastal Fiber tele­phone num­ber and reg­is­tered address, so you must be pre­pared to give them this infor­ma­tion. Until you give the oper­a­tor your phone num­ber, he/she may not be able to call you back or dis­patch help if the call is dropped or dis­con­nect­ed, or if you are unable to speak. As addi­tion­al local emer­gency cen­ters become capa­ble of receiv­ing our cus­tomers’ infor­ma­tion, we will auto­mat­i­cal­ly upgrade cus­tomers with basic 911 to E911 ser­vice. Cer­tain cus­tomers do not have access to either basic 911 or E911. If you don’t have access to basic 911 or E911, your 911 call will be sent to the Coastal Fiber nation­al emer­gency call cen­ter. A trained agent at the emer­gency call cen­ter will ask for your name, tele­phone num­ber, and loca­tion, and then trans­fer you to the local emer­gency cen­ter near­est to your loca­tion. Your 911 call will also be sent to the Coastal Fiber nation­al emer­gency call cen­ter if there is a prob­lem val­i­dat­ing the reg­is­tered address pro­vid­ed by you, you are locat­ed in an area that is not cov­ered by the land­line 911 net­work or you use a Wi-Fi, Coastal Fiber soft­phone or some oth­er portable device. For each phone line you must pro­vide a reg­is­tered address where you will be using our ser­vice at the time you sub­scribe. Addi­tion­al­ly, if you move your device to anoth­er loca­tion, you must update your address. If you do not update your loca­tion, your 911 calls may be sent to an emer­gency cen­ter near your old address. For pur­pos­es of 911 dial­ing, you may reg­is­ter only one loca­tion at a time for each phone line.

K. ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE 911 SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER WHEN SERVICE IS TERMINATED BY SIP, OR AN IAD (INTEGRATED ACCESS DEVICE.)

L. INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER’S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE WHEN USED TO DELIVER SERVICE.

Attach­ment B — Addi­tion­al Terms for Coastal Fiber Broad­band Ser­vice

1. Ser­vices. The term “Ser­vice” shall include Coastal Fiber Broad­band (“Broad­band”), Coastal Fiber E‑Mail Ser­vice (“E‑M Ser­vice”), includ­ing all Soft­ware (as defined below), and such oth­er prod­ucts or ser­vices as Cus­tomer may sub­scribe to with Coastal Fiber. The Ser­vice shall also include any soft­ware or hard­ware that Coastal Fiber pro­vides Cus­tomer in con­nec­tion with the Ser­vice to which Cus­tomer has sub­scribed.

2. Gen­er­al. (A) The Ser­vices shall not be used for any ille­gal or unlaw­ful pur­pose, send­ing unso­licit­ed bulk email, or main­tain­ing an open mail relay. Vio­la­tion may result in sus­pen­sion of the Ser­vices or access by Cus­tomer. (B) All pro­vi­sions of Coastal Fiber’s applic­a­ble tar­iffs, if any, are incor­po­rat­ed here­in by this ref­er­ence. © Coastal Fiber reserves the right to make mod­i­fi­ca­tions and improve­ments in the Ser­vices or to change gen­er­al rates, terms and con­di­tions of the Ser­vices. No mod­i­fi­ca­tions shall over­ride terms of a Des­ig­nat­ed Coastal Fiber Ser­vice Order. (D) Broad­band Inter­net usage is lim­it­ed to the pri­ma­ry Cus­tomer only, and may not be resold or shared, except with­in Cus­tomer’s orga­ni­za­tion. Any oth­er use is con­sid­ered a breach of con­tract sub­ject to ter­mi­na­tion terms as spec­i­fied in para­graph 8 of the Res­i­den­tial Ser­vices Terms and Con­di­tions.

3. Com­pli­ance with Laws. Cus­tomer agrees not to use, or per­mit oth­ers to use, the Ser­vice in ways that (i) vio­late any law or applic­a­ble reg­u­la­tion, our Accept­able Use Pol­i­cy (AUP), www.coastalfiber.com or oth­er poli­cies list­ed on this web­site, (ii) infringe the rights of oth­ers, or (iii) inter­fere with the users, ser­vices, or equip­ment of our net­work or oth­er net­works. By way of exam­ple and not lim­i­ta­tion, Cus­tomer agrees not to dis­trib­ute unso­licit­ed adver­tis­ing, chain let­ters or oth­er unso­licit­ed bulk elec­tron­ic mail (i.e., spam); prop­a­gate com­put­er worms, destruc­tive pro­grams or denial of ser­vice attacks or virus­es; use a false iden­ti­ty; attempt to gain unau­tho­rized entry to oth­er com­put­ers, data or any site or net­work; dis­trib­ute child pornog­ra­phy, obscene or defam­a­to­ry mate­r­i­al over the Broad­band; or infringe copy­rights, trade­marks or oth­er intel­lec­tu­al prop­er­ty rights. Cus­tomer fur­ther agrees to com­ply with U.S. export laws con­cern­ing the trans­mis­sion of tech­ni­cal data and oth­er reg­u­lat­ed mate­ri­als via the Ser­vice. If the Ser­vice is pro­vi­sioned out­side the U.S., Cus­tomer agrees to abide by all applic­a­ble local laws and reg­u­la­tions, includ­ing with­out lim­i­ta­tion any laws gov­ern­ing the import of the Ser­vice. We reserve the right to sus­pend or ter­mi­nate the Ser­vice (or any por­tion there­of) with­out notice in the event that Cus­tomer use of the Ser­vice, in our sole judg­ment, vio­lates any applic­a­ble law, reg­u­la­tion or ordi­nance, or the terms of this Agree­ment or our AUP, or oth­er­wise adverse­ly affects or threat­ens any Coastal Fiber net­work or ser­vice, cus­tomer or employ­ee, or, if Cus­tomer is deter­mined to be a repeat infringer under our repeat infringe­ment pol­i­cy set forth in our AUP. We also reserve the right to pro­vide infor­ma­tion about Customer’s account and Customer’s use there­of to third par­ties as required or per­mit­ted by law.

4. Soft­ware Pro­vid­ed.

a. Coastal Fiber may pro­vide to Cus­tomer, at no cost or for a fee, soft­ware owned by Coastal Fiber or its third par­ty licen­sors, providers or sup­pli­ers in con­nec­tion with the Ser­vices (“Soft­ware”). Cus­tomer may use the Soft­ware in object code form only, on the hard­ware on which it is installed, only as part of or for use with the Ser­vice and for no oth­er pur­pose. The Soft­ware may be accom­pa­nied by an end user license agree­ment from Coastal Fiber or a third par­ty. Customer’s use of the Soft­ware is gov­erned by the terms of that license agree­ment and by this Agree­ment, where applic­a­ble. Cus­tomer may not install or use any Soft­ware that is accom­pa­nied by or includes an end user license agree­ment unless it first agrees to the terms and con­di­tions of the end user license agree­ment.

b. If the Soft­ware is not accom­pa­nied by an end user license agree­ment from Coastal Fiber or a third par­ty, Cus­tomer is here­by grant­ed a per­son­al, revo­ca­ble, non-exclu­sive, non-trans­fer­able license by Coastal Fiber or its third par­ty licen­sors, providers or sup­pli­ers, to use the Soft­ware (and any cor­rec­tions, updates and upgrades there­to), for the sole pur­pose of enabling Cus­tomer to use the Ser­vice.

c. Cus­tomer agrees that the Soft­ware is the con­fi­den­tial infor­ma­tion of Coastal Fiber or its third par­ty licen­sors, providers or sup­pli­ers, which Cus­tomer shall not dis­close to oth­ers or use except as express­ly per­mit­ted here­in. The Soft­ware con­tains copy­right­ed mate­r­i­al, trade secrets, patents, and pro­pri­etary infor­ma­tion owned by Coastal Fiber or its third par­ty licen­sors, providers, or sup­pli­ers. Cus­tomer may not decom­pile, reverse engi­neer, dis­as­sem­ble, attempt to dis­cov­er any source code or under­ly­ing ideas or algo­rithms of the Soft­ware, oth­er­wise reduce the Soft­ware to a human read­able form, mod­i­fy, rent, lease, loan, use for time shar­ing or ser­vice bureau pur­pos­es, repro­duce, sub­li­cense or dis­trib­ute copies of the Soft­ware, or oth­er­wise trans­fer the Soft­ware to any third par­ty. Cus­tomer may not remove or alter any trade­mark, trade name, copy­right or oth­er pro­pri­etary notices, leg­ends, sym­bols, or labels appear­ing on or in copies of the Soft­ware. Cus­tomer is not grant­ed any title or rights of own­er­ship in the Soft­ware. Cus­tomer acknowl­edges that this license is not a sale of intel­lec­tu­al prop­er­ty and that Coastal Fiber or its third par­ty licen­sors, providers or sup­pli­ers con­tin­ue to own all right, title and inter­est, includ­ing but not lim­it­ed to all copy­right, patent, trade­mark, trade secret, and moral rights, to the Soft­ware and relat­ed doc­u­men­ta­tion, as well as any cor­rec­tions, updates and upgrades. The Soft­ware may be used in the Unit­ed States only, and any export of the Soft­ware is strict­ly pro­hib­it­ed. We reserve the right to update or change the Soft­ware from time to time and Cus­tomer agrees to coop­er­ate in per­form­ing such steps as may be nec­es­sary to install any updates or upgrades to the Soft­ware.

d. IF AT ANY TIME DURING THE TERM OF THIS AGREEMENT Coastal Fiber PROVIDES CUSTOMER WITH FREE OR FOR-FEE SOFTWARE OR EQUIPMENT, INCLUDING WITHOUT LIMITATION, CLIENT AND/OR NETWORK SECURITY SOFTWARE, CUSTOMER AGREES THAT CUSTOMER’S SOLE RIGHT TO RECOURSE, IF ANY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FAILURE OF SUCH SOFTWARE TO PERFORM, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE OR PERIPHERAL EQUIPMENT.

e. Coastal Fiber pro­vides tech­ni­cal assis­tance and sup­port for the Soft­ware in accor­dance with its poli­cies. Unless oth­er­wise pro­vid­ed, Coastal Fiber does not pro­vide tech­ni­cal assis­tance or sup­port for third-par­ty Soft­ware. Tech­ni­cal assis­tance or sup­port with regard to third-par­ty soft­ware pro­vid­ed by the Soft­ware sup­pli­er is pro­vid­ed in accor­dance with such third par­ty’s poli­cies or oth­er terms.

f. Customer’s license to use the Soft­ware shall remain in full force and effect dur­ing the Ini­tial Term and any renew­al terms, unless and until it is ter­mi­nat­ed by Coastal Fiber, its third par­ty licen­sors, providers or sup­pli­ers, or until this Agree­ment expires or is ter­mi­nat­ed.

5. Return of Equip­ment and Soft­ware.

Upon ter­mi­na­tion or expi­ra­tion of this Agree­ment, Cus­tomer agrees to return to Coastal Fiber all hard­ware (oth­er than hard­ware that has been pur­chased from us) which Coastal Fiber has pro­vid­ed to it in con­nec­tion with the Ser­vice, and to cease use of all the pro­vid­ed Soft­ware and imme­di­ate­ly delete such Soft­ware from it’s com­put­er. In the event such hard­ware and soft­ware is not returned to Coastal Fiber with­in thir­ty (30) cal­en­dar days fol­low­ing such ter­mi­na­tion or expi­ra­tion, in accor­dance with para­graph 8 of the Res­i­den­tial Ser­vices Terms and Con­di­tions, Cus­tomer agrees to pay, the fair mar­ket val­ue of all unre­turned hard­ware and soft­ware.

6. Cus­tomer Equip­ment and Broad­band Per­for­mance.

Cus­tomer is sole­ly respon­si­ble for obtain­ing, installing, con­fig­ur­ing, and main­tain­ing suit­able equip­ment and soft­ware, includ­ing any nec­es­sary sys­tem or soft­ware updates, patch­es or oth­er fix­es, which are or may become nec­es­sary to access the Broad­band Ser­vice, and to oper­ate its com­put­er and or net­work. The pre­ced­ing oblig­a­tions apply regard­less of whether Coastal Fiber or a third par­ty pro­vid­ed the soft­ware or hard­ware to Cus­tomer. Cus­tomer under­stand that Broad­band band­width is pro­vid­ed on a per line basis, and that the speed and band­width avail­able to each com­put­er or device con­nect­ed to the net­work will vary depend­ing upon the num­ber and types of com­put­ers or devices using the Ser­vice and the type of use (e.g. stream­ing media or down­load­ing larg­er files). Only the man­u­fac­tur­er’s war­ranties includ­ed with any hard­ware or soft­ware pro­vid­ed by Coastal Fiber shall apply.

7. Inter­con­nec­tion.

a. Since most Inter­net end points such as web­sites and oth­er con­tent providers are not direct­ly con­nect­ed to Coastal Fiber’s net­work, Coastal Fiber must exchange traf­fic with oth­er net­works to pro­vide its sub­scribers the capa­bil­i­ty of upload­ing and down­load­ing data to/from Inter­net end points con­nect­ed to those net­works. Accord­ing­ly, Coastal Fiber has entered into com­mer­cial­ly nego­ti­at­ed agree­ments to exchange traf­fic with such net­works on mutu­al­ly agree­able terms. Con­sis­tent with its long­stand­ing prac­tice, Coastal Fiber does not war­rant that it will estab­lish or expand the con­nec­tions between its net­work and oth­er net­works except on such mutu­al­ly agree­able terms. To the extent Coastal Fiber is unable to reach agree­ment on terms of inter­con­nec­tion or net­work expan­sion with these oth­er net­works it could affect your ser­vice. Coastal Fiber there­fore makes no promise express or implied that you will be able to upload or down­load data to/‘from Inter­net end points con­nect­ed to oth­er net­works at any par­tic­u­lar speed.

b. Like the oth­er net­works that make up the Inter­net, Coastal Fiber’s is a shared net­work, which means that the trans­mis­sion links and oth­er net­work resources used to pro­vide the Ser­vice are shared among Coastal Fiber’s sub­scribers. Coastal Fiber man­ages this net­work for the ben­e­fit of all users based on a vari­ety of fac­tors, and our tech­ni­cal exper­tise.

8. Speed, Tech­nol­o­gy and Data Usage.

Coastal Fiber offers many broad­band Inter­net access ser­vice options, each of which has a spe­cif­ic ser­vice speed range. The term “speed” is com­mon­ly used as a short­hand way to describe the capac­i­ty at which a broad­band Inter­net access ser­vice can trans­mit data. This speed is typ­i­cal­ly mea­sured in the num­ber of kilo­bits, megabits or giga­bits that can be trans­mit­ted in one sec­ond (Kbps, Mbps or Gbps). Some uses such as web brows­ing do not require high ser­vice capa­bil­i­ty speeds to func­tion opti­mal­ly, while oth­er activ­i­ties like trans­fer­ring large data files can be per­formed faster with high­er-speed ser­vices. Your ser­vice speed may not be suit­able for some appli­ca­tions, par­tic­u­lar­ly those involv­ing real-time or near real-time, high-band­width uses such as stream­ing video or video con­fer­enc­ing.

9. Data Use on Res­i­den­tial Inter­net Ser­vices.

The res­i­den­tial Inter­net Ser­vice you pur­chased includes either an unlim­it­ed data allowance or a month­ly data thresh­old with over­age charges for usage in excess of your allowance. More details regard­ing an applic­a­ble data thresh­old, is set forth in a Coastal Fiber pol­i­cy, which may include a data thresh­old pol­i­cy or Accept­able Use Pol­i­cy, as post­ed to the Coastal Fiber web­site. Use of cer­tain apps, includ­ing peer-to-peer shar­ing apps, may sig­nif­i­cant­ly increase your Inter­net data con­sump­tion pos­si­bly exceed­ing your allowance, where applic­a­ble. For addi­tion­al infor­ma­tion about the use of your res­i­den­tial Coastal Fiber Inter­net Ser­vice, includ­ing man­age­ment of your data usage, as well as infor­ma­tion about oth­er data plans that you might con­sid­er, please refer to our web­site.

10. Restric­tions On Use

a. Accept­able Use Pol­i­cy.

Your use of the Ser­vice is sub­ject to the Coastal Accept­able Use Pol­i­cy (“AUP”) which may be viewed on our web­site and is here­by incor­po­rat­ed into the Agree­ment as though ful­ly set forth here­in. In accor­dance with the AUP, Coastal Fiber reserves the right to deny, dis­con­nect, mod­i­fy and/or ter­mi­nate, with­out notice, the Mem­ber Account or the Ser­vice pro­vid­ed by Coastal Fiber to any cus­tomer whose use of the ser­vice vio­lates the AUP. Exam­ples of vio­la­tions of the AUP include, but are not lim­it­ed to:

(i) unlaw­ful activ­i­ties,

(ii) vio­la­tion of intel­lec­tu­al prop­er­ty rights,

(iii) pub­li­ca­tion or dis­sem­i­na­tion of threat­en­ing mate­r­i­al,

(iv) inap­pro­pri­ate inter­ac­tion with minors,

(v) Spam/E‑mail/Usenet abuse,

(vi) uses which are harm­ful to or inter­fere with the use of Coastal Fiber’s net­work or sys­tems, or the net­work of any oth­er provider,

(vii) uses which inter­fere with the use or enjoy­ment of the Ser­vices received by oth­ers,

(viii) uses that con­sti­tutes a secu­ri­ty risk or a vio­la­tion of pri­va­cy.

In addi­tion, Coastal Fiber reserves the right to ter­mi­nate or sus­pend the Ser­vice for any of the rea­sons set forth in the AUP, includ­ing when Coastal Fiber rea­son­ably deter­mines that your use of the Ser­vice (includ­ing use by oth­ers under a Mas­ter Account or any Sub Account) may expose Coastal Fiber to sanc­tions, pros­e­cu­tion, civ­il action or any oth­er lia­bil­i­ty, See the AUP for a more detailed dis­cus­sion of the pol­i­cy.

b. Copy­right Infringe­ment.

You are pro­hib­it­ed from infring­ing, pub­lish­ing, sub­mit­ting, copy­ing, upload­ing, down­load­ing, post­ing, trans­mit­ting, repro­duc­ing, or dis­trib­ut­ing soft­ware, video or audio con­tent, or any oth­er mate­r­i­al that is pro­tect­ed by copy­right, trade­mark, patent, trade secret, any oth­er type of intel­lec­tu­al prop­er­ty rights, trade­mark laws (by rights of pri­va­cy or pub­lic­i­ty) or oth­er pro­pri­etary right of any par­ty unless you own or con­trol the rights there­to or have received all nec­es­sary con­sent to do the same. This pro­hi­bi­tion includes the use of any mate­r­i­al or infor­ma­tion includ­ing images or pho­tographs that are made avail­able through the Service(s). Coastal Fiber assumes no respon­si­bil­i­ty, and you assume all risks, regard­ing the deter­mi­na­tion of whether mate­r­i­al is in the pub­lic domain, or may oth­er­wise be used by you for such pur­pos­es.

i. Coastal Fiber respects the intel­lec­tu­al prop­er­ty rights of oth­ers. In accor­dance with the Dig­i­tal Mil­len­ni­um Copy­right Act of 1998 (the “DMCA”) and oth­er applic­a­ble laws, Coastal Fiber has adopt­ed and main­tains a pol­i­cy that pro­vides for ter­mi­na­tion of Ser­vice in appro­pri­ate cir­cum­stances of the account(s) of cus­tomers who are repeat copy­right infringers. Coastal Fiber may lim­it, sus­pend or ter­mi­nate your ser­vice at any time with or with­out notice to you.

ii. If you believe the copy­right to your work has been infringed in con­nec­tion with a Coastal Fiber ser­vice that involves sys­tem caching, infor­ma­tion resid­ing on sys­tems or net­works at the direc­tion of users, or infor­ma­tion loca­tion tools as described in 17 U.S.C. §§ 512(b)–(d), please pro­vide the infor­ma­tion list­ed at www.coastalfiber.com to the des­ig­nat­ed agent list­ed at www.coastalfiber.com. Coastal Fiber has no oblig­a­tion to inves­ti­gate pos­si­ble copy­right infringe­ments with respect to mate­ri­als trans­mit­ted on its sys­tems. How­ev­er, Coastal Fiber will process valid noti­fi­ca­tions of claimed infringe­ment under the DMCA. For fur­ther infor­ma­tion regard­ing such noti­fi­ca­tions, see our Copy­right Pol­i­cy.

iii. Coastal Fiber allows copy­right hold­ers to noti­fy Coastal Fiber of claimed infringe­ment occur­ring on Coastal Fiber’s tran­si­to­ry dig­i­tal net­work com­mu­ni­ca­tions ser­vices pur­suant to 17 U.S.C. § 512(a). Con­tent own­ers may sub­mit noti­fi­ca­tions to Coastal Fiber of alleged copy­right infringe­ment based on infor­ma­tion they have inde­pen­dent­ly col­lect­ed. Coastal Fiber then will attempt to iden­ti­fy a sub­scriber account if the con­tent own­er has detect­ed an IP address uti­lized by a Coastal Fiber sub­scriber and for­ward a copy­right alert to the sub­scriber account, advis­ing the account hold­er of the alle­ga­tion and pro­vid­ing infor­ma­tion about online copy­right infringe­ment. If a sub­scriber receives addi­tion­al alerts, we may tem­porar­i­ly redi­rect the account hold­er’s broad­band Inter­net access ser­vice to a web­page where the account hold­er must review mate­r­i­al on the impor­tance of copy­right and the law­ful use of con­tent avail­able over the Inter­net. Upon com­ple­tion of this review, such redi­rec­tion will be dis­con­tin­ued and the sub­scriber’s ser­vice will be restored to nor­mal. After this stage, if a sub­scriber con­tin­ues to receive addi­tion­al alerts, Coastal Fiber may take fur­ther action con­sis­tent with 17 U.S.C. § 512(i), which may ulti­mate­ly result in ter­mi­na­tion of the subscriber/accountholder’s broad­band Inter­net access ser­vice. Account hold­ers’ per­son­al­ly iden­ti­fi­able infor­ma­tion is pro­tect­ed through­out this process. Coastal Fiber will not pro­vide such infor­ma­tion to con­tent own­ers unless required to do so by court order.

c. No Resale.

The Ser­vice is pro­vid­ed for your use only (unless oth­er­wise specif­i­cal­ly stat­ed) and you agree not to, whether for a fee or with­out charge, repro­duce, dupli­cate, copy, sell, trans­fer, trade, resell, re-pro­vi­sion, redis­trib­ute, or rent the Ser­vice, your mem­ber­ship in the Ser­vice, any por­tion of the Ser­vice, use of the Ser­vice, or access to the Ser­vice, includ­ing, but not lim­it­ed to, reselling capa­bil­i­ties enabled or used by a spe­cif­ic appli­ca­tion (includ­ing, with­out lim­i­ta­tion, Voice Over Inter­net Pro­to­col (VOIP) via wired, wire­less or oth­er means. For exam­ple, you agree that the Ser­vice is not to be used to trunk or facil­i­tate pub­lic Inter­net access (“Hotspots”) or any oth­er pub­lic use of the Ser­vice, or for any high vol­ume pur­pose. All aspects of the Ser­vice, except that por­tion pro­vid­ed by third-par­ty providers, is copy­right­ed and prop­er­ty of Coastal Fiber.

d. Net­work Man­age­ment. Coastal Fiber reserves the right to engage in rea­son­able net­work man­age­ment prac­tices, to pro­tect its broad­band net­work from harm, com­pro­mised capac­i­ty, degra­da­tion in net­work per­for­mance or ser­vice lev­els, or uses of the Ser­vice which may adverse­ly impact access to or the use of the Ser­vice by oth­er cus­tomers. Rea­son­able net­work man­age­ment prac­tices that Coastal Fiber may adopt include, but are not lim­it­ed to, the fol­low­ing:

(i) a cap on data usage;

(ii) a mod­i­fi­ca­tion of a cus­tomer’s serv­ing facil­i­ty or ser­vice tech­nol­o­gy, and/or

(iii) a mod­i­fi­ca­tion of or a lim­i­ta­tion on a cus­tomer’s data through­put speed or data con­sump­tion.

A very small per­cent­age of cus­tomers use the Ser­vice in a way which cre­ates harm to the net­work, com­pro­mis­es capac­i­ty, degrades net­work per­for­mance or ser­vice lev­els, or which may adverse­ly impact access to or the use of the Ser­vice by oth­er cus­tomers. In the event that Coastal Fiber adopts a net­work man­age­ment prac­tice which will apply to your Ser­vice, we will pro­vide you with a notice, by web post­ing, bill insert, email, let­ter and/or oth­er appro­pri­ate means, which describes the net­work man­age­ment prac­tice, explains how it will work, and explains how it could impact your Ser­vice.

e. Coastal Fiber’s poli­cies may be revised from time to time and, in addi­tion, Coastal Fiber may in its sole dis­cre­tion vol­un­tar­i­ly par­tic­i­pate, on terms accept­able to Coastal Fiber, in copy­right alert and grad­u­at­ed response pro­grams with oth­er stake­hold­ers.

Attach­ment C — Addi­tion­al Terms for IT Main­te­nance Agree­ments

1. Def­i­n­i­tions — The fol­low­ing terms and con­di­tions shall apply to the pro­vi­sion and use of the IT Main­te­nance Ser­vices

a. On-Site Ser­vices are ser­vices which require Coastal Fiber to trav­el to Cus­tomer loca­tion to per­form the Ser­vice.

b. Remote Ser­vices means Ser­vices per­formed at Coastal Fiber loca­tion with­out the need to trav­el.

c. “User” means any­one who uses or access­es any Ser­vice pur­chased by Cus­tomer under this Agree­ment.

d. “Coastal Fiber Ser­vice Order” means any appli­ca­tion for Ser­vice from Coastal Fiber includ­ing a pur­chase order, ser­vice con­tract, local ser­vice request, or ser­vice order received from Cus­tomer either writ­ten or elec­tron­ic.

e. “Servers” means a defined group of com­put­ers.

f. “Sys­tem” means all defined com­put­ers and net­work hard­ware and soft­ware.

2. Ser­vices to be per­formed – All spe­cif­ic Ser­vices to be per­formed by Coastal Fiber will be iden­ti­fied in the Coastal Fiber Ser­vice Order.

3. Third Par­ty hard­ware and soft­ware – Nei­ther Coastal Fiber nor Coastal Fiber’s employ­ees are respon­si­ble for any third par­ty hard­ware or soft­ware and will have no lia­bil­i­ty of any kind for Customer’s use of such third par­ty hard­ware or soft­ware. Coastal Fiber does not sup­ply a war­ran­ty of any kind with respect to such third-par­ty soft­ware or hard­ware. Coastal Fiber reserves the right to amend or lim­it any equip­ment or soft­ware they will pro­vide ser­vices for.

4. Change Con­trol Process –

a. Gen­er­al Oblig­a­tion — Autho­riza­tion for any change must be autho­rized by the Cus­tomer. The only excep­tion to this pol­i­cy is for the changes made to cor­rect errors found in Sys­tem or for “patch­es” to Sys­tem as it may not be con­ve­nient or advis­able to delay apply­ing such changes while wait­ing for approval. Cus­tomer autho­rizes Coastal Fiber

b. to make these types of changes. Coastal Fiber will report any such changes to the Cus­tomer.

c. Change Con­trol Respon­si­bil­i­ties – The Cus­tomer has the respon­si­bil­i­ty for approv­ing soft­ware changes. Approval for changes will be grant­ed to Coastal Fiber by Cus­tomer exe­cut­ing a copy of a Change Con­trol Form. A tem­plate form will be sup­plied to the Cus­tomer and will be attached to this Agree­ment as an adden­dum.

Pri­va­cy Pol­i­cy

How Coastal Fiber Col­lects Your Infor­ma­tion

Coastal Fiber col­lects and process­es infor­ma­tion pro­vid­ed direct­ly by you when you install the App and reg­is­ter for an account to use the App. Specif­i­cal­ly, this infor­ma­tion includes:

• Your name, email address, loca­tion, user’s phone or con­tact book data, user’s inven­to­ry of installed apps, and user’s screen record­ing;
• Brows­er infor­ma­tion and ses­sion cook­ies relat­ed to your access and use of the App;
• Data insights Coastal Fiber attains based on cor­re­la­tion and ana­lyt­ics of your infor­ma­tion col­lect­ed in pro­vid­ing the App, which may be used in aggre­gat­ed and dis-aggre­gat­ed for­mats or to obtain trend ana­lyt­ics, to pro­vide the App; and
• Use of the above-described col­lect­ed infor­ma­tion in aggre­gat­ed and dis-aggre­gat­ed for­mats to enhance our cur­rent App or to pro­vide App fea­tures.

How Coastal Fiber Uses the Infor­ma­tion

Coastal Fiber uses the infor­ma­tion col­lect­ed as described in this Pri­va­cy Pol­i­cy, includ­ing per­son­al infor­ma­tion, to:

• Pro­vide you with the App as described in the Agree­ment;
• Imple­ment, improve and/or enhance the App, includ­ing to make future releas­es avail­able to you;
• Car­ry out Coastal Fiber oblig­a­tions as described or autho­rized in the Agree­ment and this Pri­va­cy Pol­i­cy;
• Enforce Coastal Fiber rights aris­ing from the Agree­ment between you and Coastal Fiber; and
• Ful­fill any oth­er pur­pose autho­rized by you and rea­son­ably required for the App.