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No Representations or Warranties-HSI & LD:
<br />WITH RESPECT TO SERVICES PROVIDED BY THE
<br />COMP ANY, THE COMP ANY HEREBY EXPRESSLY
<br />DISCLAIMS ANY AND ALL REPRESENTATIONS AND
<br />WARRANTIES, EXPRESS, IMPLIED OR ARISING BY
<br />COURSE OF PERFORMANCE, DEALING, CUSTOM OR
<br />TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE
<br />IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS
<br />FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY
<br />KNEW OR SHOULD HA VE KNOWN SUCH PURPOSE) AND
<br />NONINFRINGEMENT.ADVICE OR INFORMATION GIVEN
<br />BY THE COMPANY OR ITS REPRESENTATIVES SHALL
<br />NOT CREATE A WARRANTY OF ANY NATURE OR TYPE
<br />WHATSOEVER. USE OF THE COMPANY'S TECHNICAL
<br />SUPPORT IS AT THE CUSTOMER'S OWN RISK AND IS NOT
<br />WARRANTED.
<br />No Representations or Warranties-HSI
<br />WITHOUT LIMITING THE FOREGOING, THE COMPANY
<br />WILL PROVISION THE QUALIFIED LINE FOR HSI SERVICE
<br />AT THE MAXIMUM LINE RATE AVAILABLE TO THE
<br />CUSTOMER'S LOCATION BASED ON THE COMPANY'S
<br />STANDARD LINE QUALIFICATION PROCEDURES,
<br />UNLESS THE CUSTOMER HAS SELECTED A LEVEL OF
<br />SERVICE WITH A LOWER MAXIMUM LINE RATE. THE
<br />CUSTOMER AGREES THAT THE SERVICE IS PROVIDED
<br />ON AN "AS IS" AND "AS AVAILABLE" BASIS.IN
<br />ADDITION, THE COMPANY DOES NOT GUARANTEE
<br />THAT THE SERVICE CAN BE PROVISIONED TO THE
<br />CUSTOMER'S LOCATION, OR THAT PROVISIONING WILL
<br />OCCUR ACCORDING TO A SPECIFIED SCHEDULE. THE
<br />PROVISIONING AND PERFORMANCE (SPEED) OF THE
<br />SERVICE IS SUBJECT TO CIRCUIT OR OTHER NETWORK
<br />FACILITY AVAILABILITY AND OTHER FACTORS,
<br />INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE
<br />CONDITION OF THE TELEPHONE LINE AND WIRING
<br />INSIDE THE CUSTOMER 'S LOCATION,
<br />COMPUTER/DEVICE CONFIGURATION AND
<br />CAP ABILITIES AND NETWORK/INTERNET CONGESTION,
<br />AMONG OTHER FACTORS. IN THE EVENT THE
<br />CUSTOMER'S LINE IS NOT PROVISIONED FOR ANY
<br />REASON, NEITHER THE CUSTOMER NOR THE COMPANY
<br />SHALL HA VE ANY DUTIES OR OBLIGATIONS
<br />HEREUNDER (OTHER THAN THE CUSTOMER'S
<br />OBLIGATION TO RETURN ANY COMPANY PROVIDED
<br />EQUIPMENT). THE COMPANY DOES NOT WARRANT
<br />THAT THE SERVICE OR EQUIPMENT PROVIDED WILL
<br />MEET THE CUSTOMER'S NEEDS, PERFORM AT A
<br />PARTICULAR SPEED, BANDWIDTH OR DATA
<br />THROUGHPUT RATE, OR WILL BE UNINTERRUPTED,
<br />ERROR -FREE, OR SECURE, OR FREE OF VIRUSES,
<br />WORMS, DISABLING CODE OR CONDITIONS, OR THE
<br />LIKE.
<br />SPECIAL TERMS FOR BUSINESS BROADBAND ELITE
<br />SERVICE
<br />Billing, Cancellation and Early Termination: Provision of
<br />Business BroadBand Elite Service is conditioned upon Customer
<br />agreement to return all equipment to Consolidated upon any
<br />termination or cessation of Services. The Services may include
<br />use of certain equipment owned, leased or controlled by
<br />Consolidated that is located at non-Consolidated locations
<br />("Consolidated Equipment"). Title to the Consolidated Equipment
<br />will not pass to Customer. Customer must provide any power
<br />necessary to operate the Consolidated equipment and keep the
<br />Consolidated Equipment physically secure and free from liens and
<br />encumbrances. Customer will bear the risk of loss or damage
<br />(other than ordinary wear and tear) to the Consolidated
<br />Equipment. Billing for the Service will begin upon installation. If
<br />the Customer cancels the Service subsequent to execution of this
<br />Agreement by both parties and prior to the installation date of the
<br />Service, Customer shall pay Consolidated its actual incurred costs
<br />of provisioning the Service up to the point of such
<br />cancellation. Cancellation must be in writing to
<br />Consolidated. Following the installation date termination charges
<br />shall apply to each circuit for which Service is terminated. If the
<br />Customer terminates any or all of its circuits covered by this
<br />Agreement before the end of the Term, Customer must pay a
<br />termination charge for each affected circuit equal to one hundred
<br />percent (100%) of the MRC multiplied by the number of months
<br />remaining in the Term. In addition, Customer must return
<br />Consolidated Equipment once the Customer has terminated the
<br />Service. If the CPE is not returned to Consolidated within thirty
<br />(30) days of termination, the Customer will be charged one
<br />thousand dollars ($1000.00) as liquidated damages. Any such
<br />termination charge shall be due and payable in one lump sum
<br />within (30) days of billing. Customer is also responsible for all
<br />charges incurred up to the date of any Service terminated.
<br />Customer agrees to allow Consolidated and our agents the right to
<br />enter its property where the Service(s) and/or Consolidated
<br />Equipment will be provided (the "Premises") at reasonable times,
<br />for purposes of installing, configuring, maintaining, inspecting,
<br />upgrading, replacing and removing the Service(s) and/or
<br />Consolidated Equipment. Customer represents that it either has or
<br />will obtain the authority to give Consolidated access to the
<br />Premises. If Customer is not tile owner of the Premises, Customer
<br />is responsible for obtaining any necessary approval from the owner
<br />to allow us and our agents into the Premises to perform the
<br />activities specified above. In addition, you agree to supply us or
<br />our agent, ifwe a5k, the owner's name, address, and phone number
<br />and/or evidence that the owner has authorized you to grant access
<br />to us and our agents to the Premises. Failure on the part of
<br />Customer to grant or arrange access to the Premises for puiposes
<br />of removal and return of Consolidated Equipment shall be deemed
<br />a failure to return equipment under this provision and liquidated
<br />damages may apply.
<br />Other:
<br />THE SERVICES ARE SUBJECT TO AND CONTROLLED BY
<br />THE COMPANY'S STANDARD TERMS AND CONDITIONS
<br />OF SERVICE, SUCH ORDERS, RULINGS, AND TARIFFS
<br />NOW OR HEREAFTER ISSUED OR FILED WITH THE
<br />FEDERAL COMMUNICATIONS COMMISSION AND/OR THE
<br />APPLICABLE STATE REGULATORY AUTHORITIES IF AND
<br />TO THE EXTENT REQUIRED BY APPLICABLE LAWS, ALL
<br />OF WHICH ARE INCORPORATED HEREIN BY REFERENCE
<br />(COLLECTIVELY, THE "ST AND ARD TERMS"). IN THE
<br />EVENT OF A CONFLICT BETWEEN THE TERMS OF ANY
<br />SUCH STANDARD TERMS, THEN THE TERMS OF SUCH
<br />TARIFFS WILL APPLY TO THE EXTENT REQUIRED
<br />UNDER APPLICABLE LAWS. THE COMPANY'S TARIFFS,
<br />PRIVACY POLICIES AND THE ST AND ARD TERMS AND
<br />CONDITIONS OF SERVICE MAY BE FOUND AT
<br />HTf P2/~WW.CONSOLIDA'IED COM. IN ADDITION, HSI
<br />SERVICE IS SUBJECT TO AND CONTROLLED BY THE
<br />COMPANY'S ACCEPTABLE USE POLICY, COPYRIGHT
<br />INFRINGEMENT/REPEAT INFRINGER POLICY,
<br />ADDITIONAL SERVICES TERMS AND (IF APPLICABLE)
<br />RADIALPOINT'S END USER LICENSE AGREEMENT (ALL
<br />OF WHICH MAY BE FOUND AT
<br />B'lTPilWWW.CON OLIDATBD.COMl
<br />H°TTP:-/IWWW .CONSOLIDATED .COM).
<br />Customer Initials: UY
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