These Terms of Service constitute the agreement (“Agreement”) between SNAP Internet (“we,” “us” or “SNAP Internet”) and the user (“you,” “user” or “Customer”) of SNAP Internet’s Voice, Television, or internet services and any related products or services (“Service”). This Agreement governs both the Service and any devices, (“Device” or “Equipment”) used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. TERMS

Service is offered on a monthly basis for a term which begins on the date that SNAP Internet activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give SNAP Internet written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

1.1 Residential Use of Service

If you have subscribed to SNAP Internet’s Residential services, the Service is provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from SNAP Internet in advance. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose will obligate you to pay SNAP Internet’s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. SNAP Internet reserves the right to immediately terminate or modify the Service, if SNAP Internet determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.

1.2 Business Use of Service Prohibition on Resale

If you have subscribed to SNAP Internet’s Business services, the Service is provided to you as a business user. This means that you are not to resell or transfer the service to any other person for any purpose, without express written permission from SNAP Internet in advance. You agree that the SNAP Internet Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. SNAP Internet reserves the right to immediately terminate or modify the Service, if SNAP Internet determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities.

1.3 Prohibited Uses

You agree to use the Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in SNAP Internet’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. SNAP Internet reserves the right to terminate your service immediately and without advance notice if SNAP Internet, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service by yourself and by any person making use of the Service provided to you and agree to indemnify and hold harmless SNAP Internet against any and all liability for any such use. If SNAP Internet, in its sole discretion believes that you have violated the above restrictions, SNAP Internet may forward the objectionable material, as well as your communications with SNAP Internet and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

1.4 Theft of Service

You agree to notify SNAP Internet immediately, in writing or by calling the SNAP Internet customer support line, if your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as SNAP Internet receives notice of the theft or fraudulent use, you will be liable for all use of the Service stolen from you and any and all stolen Service or fraudulent use of the Service.

2. DESCRIPTION OF 911

SNAP Internet does offer 911 dialing service in the U.S. When you dial 911, your call is routed from the SNAP Internet network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. You acknowledge and understand that when you dial 911 from your SNAP Internet service it is intended that you will be routed to the general telephone number for the PSAP or local emergency service provider. SNAP Internet relies on third parties for the forwarding of information underlying such routing, and accordingly SNAP Internet and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. Neither SNAP Internet nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of SNAP Internet. You agree to indemnify and hold harmless SNAP Internet and its third party provider from any claim or action arising out of misroutes of 911 calls.

2.1 Service Outage Due to Suspension of Your Account

You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911dialing.

2.2 Limitation of Liability and Indemnification

You acknowledge and understand that SNAP Internet’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless SNAP Internet, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel.

3. CHANGES TO THIS AGREEMENT

SNAP Internet may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the “Notices” section of SNAP Internet’s website (currently located at SNAP Internet.com/notices). Such changes will become binding on the Customer, on the date posted to the SNAP Internet website and no further notice by SNAP Internet is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device, and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.

4. BILLING

You must give us a valid credit card number (Visa, MasterCard, Discover, American Express, or any other issuer then-accepted by SNAP Internet) when the Service is activated. SNAP Internet reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise SNAP Internet at once. We will bill all charges, applicable taxes, and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges that SNAP Internet decides to bill in arrears) to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, disconnect fees and shipping and handling charges. SNAP Internet reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on SNAP Internet’s website.

4.1 Termination/Discontinuance of Service

SNAP Internet reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If SNAP Internet discontinues providing the Service generally, or terminates your Service at its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of SNAP Internet or of a third party provider to which SNAP Internet is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the disconnect fee set forth in Section 4.5, all of which immediately become due and payable.

5. LIMITATION OF LIABILITY

SNAP Internet shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

• Act or omission of an underlying carrier, service provider, vendor or other third party;
• Equipment, network or facility failure;
• Equipment, network or facility upgrade or modification;
• Force major events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
• Equipment, network or facility shortage;
• Equipment or facility relocation;
• Service, equipment, network or facility failure caused by the loss of power to Customer;
• Outage of Customer’s ISP or broadband service provider;
• Act or omission of Customer or any person using the Service provided to Customer; or
• Any other cause that is beyond SNAP Internet’s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) tobe connected or completed, or degradation of voice quality.

SNAP Internet’s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to SNAP Internet’s performance or nonperformance hereunder or (iii) any SNAP Internet act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

5.1 Disclaimer of Damages

IN NO EVENT SHALL SNAP Internet, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT SNAP Internet WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

5.2 Indemnification

Customer agrees to defend, indemnify, and hold harmless SNAP Internet, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.

5.3 No Warranties on Service

SNAP Internet MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, SNAP Internet DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER SNAP Internet NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SNAP Internet’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SNAP Internet’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY SNAP Internet OR SNAP Internet’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

5.4 No Third-Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.