RANDOLPH TELEPHONE DSL INTERNET SERVICE AGREEMENT

READ THIS AGREEMENT CAREFULLY BEFORE USING
THE RANDOLPH TELEPHONE SERVICE.

1. AGREEMENT

This is an agreement between Randolph Telephone and you to provide Randolph Telephone DSL (“the Service”). By establishing an account, using the Service or equipment or indicating agreement through the software or website, you agree to be bound by this Agreement and to use the Service in compliance with the Randolph Telephone Internet Service Agreement and Randolph Telephone Acceptable Use Policy (“the Agreements”) which can be found by going to www.rtmc.net or www.rtelco.net.

2. TERM

The initial term of this agreement begins on your account billing start date and continues for twelve (12) months. Your account billing start date is the date you first begin being billed for service, as indicated on your first invoice. The agreement will continue on a month-to-month basis after the initial term. Randolph Telephone reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other Randolph Telephone services may change at any time upon 30 days notice and will be posted on the Randolph Telephone homepage: www.rtmc.net or www.rtelco.net. Current rates may also be obtained by calling 879-5684; 622-7900; 581-7995; or 464-6110. Please choose the number that is a local call from your area.

3. THE SERVICE

The Service includes:

• DSL access for one computer
• Ten email accounts for residence subscribers (5 MB each)
• Ten email accounts for business subscribers (5 MB each)
• Personal webspace on Randolph Telephone servers (12 MB)
• May include some Dial-up access per month, depending on the plan selected. Dial-up access can be purchased separately and additional hours will be charged at $1.00 up to the current monthly rate for the Randolph Telephone Unlimited dial-up service as posted on www.rtmc.net or www.rtelco.net.

The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Randolph Telephone. Randolph Telephone provides the Service on a “best effort” standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, Randolph Telephone will NOT be able to increase the line speed once the connection is stabilized.

The email, webspace, and dial-up service are available under this agreement after the Activation Date. You may purchase a separate dial-up account while waiting for the service to be installed. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges. Randolph Telephone is not responsible for any long-distance, toll, or other charges you incur. Simultaneous login access costs will be extra.

4. CANCELLATION

To cancel the Service you must call 879-5684; 622-7900; 581-7995; or 464-6110 (please choose the number that is a local call from your area) or by registered or certified mail, return receipt requested addressed to Randolph Telephone, 3733 Old Cox Road, Asheboro, NC 27205.

If after your account billing start date you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply. Cancellation will be effective by close of the next business day following receipt of notice of cancellation. Upon cancellation, email service will be terminated and all files stored on Randolph Telephone servers will be deleted.

Cancellation, downgrading or changing (to Dial up, Basic ADSL, etc.) the Service by you before the initial term of the agreement ends may result in a cancellation fee. If you move service to a new residence or business or switch phone lines within the same residence or business during the initial term, you will be charged up to $99.00.

Randolph Telephone may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Randolph Telephone, in its sole discretion, believes you have violated the Agreements or if you fail to pay any charges when due.

Sections 1, 4, 6, 10, and 11 of this Agreement shall survive termination of this Agreement.

5. ACCOUNT REQUIREMENTS

In order to receive the Service:

• You must be at least 18 years old and provide a valid credit card


• The Service must be available to your location


• You must keep your telephone service active in order for the Service to work and you are responsible for charges for the Service regardless of the status of your underlying telephone service


• Your computer must meet the following minimum requirements:

For PC:

• 133 MHz (or faster) Pentium-based processor (or equivalent)
• Windows 95b, Windows 98 and 98SE, Windows Me, Windows NT (4.0 Workstation with Service Pack 3 or higher), Windows 2000 and Windows XP.
• 32MB RAM
• 25MB of available hard disk space
• Installed CD-ROM drive
• All machines should have an installed, functional 10BaseT or better Ethernet interface
• Operating System CD

For Macintosh:

• PowerPC or faster processor
• Mac OS 8 - OS X
• Open Transport 1.1.1 enabled
• 32MB RAM
• 25MB of available hard disk space
• Installed CD-ROM drive
• All machines should have an installed, functional 10BaseT or better Ethernet interface
• Operating System CD

6. PAYMENT

You will be charged a one-time activation fee of $99.00 and a monthly charge of $39.95, $49.95, or $99.95 for residence subscribers or $49.95, $79.95, or $149.95 for business subscribers dependent on the plan selected. Randolph Telephone may charge you for taxes and other applicable fees. Randolph Telephone may offer from time to time certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to Randolph Telephone’s Customer Service Department at 879-5684; 622-7900; 581-7995; or 464-6110. Please choose the number that is a local call from your area. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

Charges are billed to your credit card or on your telephone bill, as applicable, each month for the Service and any additional usage or services. Randolph Telephone is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Randolph Telephone. Payment by check is due by the due date listed on your bill. You agree to maintain valid and current credit card information on file with Randolph Telephone at all times.

Effective October 1, 2003, customers who receive late payment notices will incur a $1.00 charge per notice on the next month's bill.

7. YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will receive a username, password, and account designation. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify Randolph Telephone immediately upon discovering any unauthorized use of your account.

Randolph Telephone reserves the right to timeout inactive connections. Randolph Telephone technical support may be limited to Randolph Telephone-provided services, software and/or unmodified hardware. Email accounts exceeding 5MB in size may be inactivated until you reduce the size of the mail being stored. Any free Web site exceeding the allotted amount of disk space may be suspended until you reduce the disk space usage or purchase additional space. Any free Web site exceeding the allotted amount of bandwidth will be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout our Web site at www.rtmc.net or www.rtelco.net. These limits may also be obtained by calling 879-5684; 622-7900; 581-7995; or 464-6110. Please choose the number that is a local call from your area. Randolph Telephone reserves the right to change limits at any time upon 30 days prior notice.

8. INSTALLATION

The installation, use, inspection, maintenance, repair, and removal of the DSL equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. Randolph Telephone and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card) or DSL modem.

You acknowledge that this is a fixed-location service for one personal computer only. Moving to another location will require the service to be reprovisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with moving the service. Early termination charges will apply even if the cancellation is for reasons of a move to a location outside of Randolph Telephone service area.

RANDOLPH TELEPHONE DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, RANDOLPH TELEPHONE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL,ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

Randolph Telephone will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, Randolph Telephone may cancel the installation process and refund any money that you have paid. Randolph Telephone will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if Randolph Telephone is able to provide service. Randolph Telephone shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. MONITORING THE SERVICES

Randolph Telephone has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Randolph Telephone, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. Please see our Privacy Policy. Randolph Telephone may immediately remove your material or information from Randolph Telephone’s servers, in whole or in part, which Randolph Telephone, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.

10. DISCLAIMERS

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH RANDOLPH TELEPHONE TO YOU AT NO ADDITIONAL CHARGE. RANDOLPH TELEPHONE WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, RANDOLPH TELEPHONE OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF RANDOLPH TELEPHONE’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN RANDOLPH TELEPHONE OR ITS CONTRACTOR. RANDOLPH TELEPHONE RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. RANDOLPH TELEPHONE WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF RANDOLPH TELEPHONE’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

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

RANDOLPH TELEPHONE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES,ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES;YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF RANDOLPH TELEPHONE, ITS OFFICERS, EMPLOYEES,AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION,WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST RANDOLPH TELEPHONE IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

11. JURISDICTION

This Agreement is governed by North Carolina law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration or by suit brought in a court of competent jurisdiction. If arbitration is the chosen method of settlement, any such arbitration will be governed by North Carolina law and will be held in Asheboro, North Carolina. The arbitrator will be an expert in the field of Internet services. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.

12. MISCELLANEOUS

This Agreement, the Acceptable Use Policy, and Randolph Telephone’s other Agreements and policies posted on Randolph Telephone’s Web site constitute the entire agreement between you and Randolph Telephone with respect to your use of the Service. Randolph Telephone may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Randolph Telephone’s Web site ( www.rtmc.net or www.rtelco.net) and/or on your start pages and/or by email and/or in our various publications and mailings to you.
In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and shall be enforced according to its terms.

Version 1.0
Effective 1/20/03

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