360 Broadband Customer Terms and Conditions of Service

Effective Date: January 01, 2025

This Terms of Service Agreement (“Service Agreement”) is entered into as of the date set forth on the Confirmation of Sale (“COS”) by and between 360 Broadband, LLC (“360 Broadband,” “we,” “us,” and “our”) and the individual or entity named on the COS to which this Agreement is attached (“Customer,” “you,” or “your”). This Agreement sets forth the terms and conditions under which 360 Broadband will make available its Standard Internet Access Service, Voice Over Internet Protocol Phone Service (“VoIP”), and related services and components (collectively, the “Service”). This Service Agreement governs residential and business Customers. “Affiliate” means an entity that controls, is controlled by, or is under common control with 360 Broadband.

By using the Service, Customers agree to be bound by the terms of this Service Agreement and all documents incorporated by reference herein, including without limitation 360 Broadband’s Privacy Policy, Open Internet Policy, DMCA Copyright Infringement Notification Policy, COS (applicable only for Standard Internet Access Service), and Additional Terms (terms and conditions that will govern a new service offering) as each may be amended from time to time. If there is a conflict between this Service Agreement and any Additional Terms, the Additional Terms shall govern.

THIS SERVICE AGREEMENT INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE VOIP SERVICES FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES AND LIMITS AND DISCLAIMERS ON 360 BROADBAND’S LIABILITY.

360 Broadband regularly updates and amends this Service Agreement, the Privacy Policy, the Open Internet Policy, DMCA Copyright Infringement Notification Policy, and other documents incorporated by reference in this Service Agreement. 360 Broadband will communicate any such updates or amendments to Customer in accordance with Section 5(a). Customer may obtain, at no charge, a copy of the current Service Agreement or any documents incorporated by reference herein by visiting 360 Broadband’s website or by contacting 360 Broadband.

1. GENERAL OVERVIEW.

This Service Agreement governs the following components and services defined under 360 Broadband’s Service. Customer may select from a menu of standard residential and business services based on Customer’s needs. Details about the following can be found on 360 Broadband’s website: https://360broadband.com/.

• Standard Internet Access Service – High-speed Internet broadband service for residential and small business Customers using bandwidth that is shared with other users on 360 Broadband’s network; can be accessed via various devices and internal networks; bandwidth plans ranging from up to 5 Mbps to up to 100 Mbps download speeds.
• VoIP Phone Service – Digital, IP-based residential and business phone service 360 Broadband provides for telephone calls https://360broadband.com/phones/
• Virtual Fax Service – Send and receive faxes via email.
• Managed Wi-Fi – “360 Broadband IQ App” – managed Wi-Fi through Customer’s mobile app.
• Bundled Internet Access Service & VoIP Service – Standard Internet Access Service for residential and business Customers bundled with VoIP Service at a discounted rate.

2. EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE.

(a) Customer Equipment. To use the Service, Customer must have a personal computer or other device and other equipment meeting 360 Broadband’s most recent “Minimum Customer Equipment Specifications,” which are defined on 360 Broadband’s website and may be modified from time to time by 360 Broadband. The Minimum Customer Equipment Specifications may change, and 360 Broadband may make reasonable efforts to support previously acceptable configurations; however, 360 Broadband is not obligated to continue to provide such support. Although 360 Broadband is under no obligation to do so, 360 Broadband may, and Customer authorizes 360 Broadband to, perform any updates and/or changes to Customer’s equipment, on-site or remotely, from time to time as 360 Broadband deems necessary, in 360 Broadband’s sole discretion. Customer will direct any questions concerning third-party hardware or software to the manufacturer. 360 Broadband has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elects to use in connection with the Services, nor is 360 Broadband responsible for any damage that 360 Broadband Equipment or Service may or will cause to Customer’s own equipment. As set forth below and in the Open Internet Policy, Customer is not permitted to connect any harmful equipment to the 360 Broadband Equipment (as defined below). Customer understands that failure to comply with this restriction may cause damage to the 360 Broadband Networks and subject Customer to liability for damages and/or other liability. Customer understands, acknowledges and agrees to not alter, modify or tamper with the 360 Broadband Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by 360 Broadband.

(b) 360 Broadband Equipment. Customer acknowledges that at the time of installation of the Service, the equipment owned and operated by 360 Broadband listed on the COS (the “360 Broadband Equipment”) was installed at a location and in a manner authorized by Customer. Customer further acknowledges that the 360 Broadband Equipment may, at 360 Broadband’s sole discretion, be refurbished or otherwise used equipment. The 360 Broadband Equipment installed for use in provisioning the Service is provided to you by 360 Broadband and is and shall remain the property of 360 Broadband and will be provided to the Customer under the terms set forth in the COS. At such time as Customer or 360 Broadband terminate the Service, Customer will return the 360 Broadband Equipment to 360 Broadband within fifteen (15) calendar days, and in accordance with 360 Broadband’s then-current return procedures. In the event that Customer has not returned the 360 Broadband Equipment as set forth in the previous sentence, or in the event that the 360 Broadband Equipment is damaged or otherwise inoperable, Customer will pay each applicable “Equipment Non-Return Fee” listed in the COS.

(c) VoIP Service Requirements and Availability. Customer must supply certain facilities, such as a phone handset or equivalent, installed phone wiring and jacks, and a powered electrical outlet. Customer is responsible for supplying and ensuring that the facilities Customer supplies are compatible with the Service and meet federal and other applicable standards. Customer represents that Customer either owns Customer’s facilities or has the right to use the facilities in connection with the VoIP Service. 360 Broadband shall have no obligation to provide, maintain, support, or service Customer’s facilities. If Customer’s Internet connection is terminated, suspended, or disconnected for any reason, the VoIP Service will not be available until Customer reestablishes Customer’s Internet connection with 360 Broadband or whichever Internet provider Customer utilizes.

i. For Voice Customers requesting that 360 Broadband port an existing phone number from a prior carrier, a signed Porting Letter of Agency (“LOA”) (Porting Letter of Agency (VoIP) (cognitoforms.com)) must be on file before Service will be provided. The LOA gives legal authorization to 360 Broadband to act as Customer’s agent, to make any and all inquiries necessary for the purpose of obtaining customer service record information and to act as the Customer’s agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes) to become Customer’s local service provider and to implement other services described herein for all of the Customer’s physical service and billing locations including changing Customer’s long distance carrier(s).

ii. The Customer gives 360 Broadband authorization to notify all appropriate parties, including the Customer’s local and long distance carrier, of the Customer’s choice of carriers and to make the necessary changes for the Customer’s current and future services without further permission. It is the Customer’s responsible for terminating service from prior local and long distance carriers after activation of 360 Broadband’s Voice Service.

iii. The Customer also agrees to indemnify 360 Broadband, its employees, and agents from any liability resulting from any credit injury, or client privacy issue, or liability to any third party for pre-existing obligations, the Customer may have regarding local and/or long distance services.

(d) Customer’s Obligation to Maintain Power to 360 Broadband Equipment. Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to 360 Broadband Equipment at all times (including, without limitation, when Customer is not using the Service), and (ii) Customer’s failure to provide such power and continuous connection may result in damage to the 360 Broadband Equipment or to Customer’s computer, equipment, property or premises, for which damage Customer will be solely responsible. 360 Broadband provides Customer with a free standby backup power with a minimum of eight hours of backup for phone usage only. 360 Broadband provides Customer with the option to purchase standby backup power that will provide a minimum of twenty-four hours of backup power. Standby backup power units do not guarantee the 360 Broadband Network will remain available during a power outage or other causes of network interruption. Use of the backup power for Internet backup may affect battery life. The backup power units do not guarantee that phones purchased or used by the Customer with this service will remain available during a power outage or other causes of network interruption. They also do not guarantee that phones purchased or used by the Customer with this service will remain operational, particularly if such devices require commercial power. 360 Broadband also offers Customer installation of Customer’s selected back-up power equipment for a small fee. All backup power equipment purchased by the Customer is considered to be Customer Equipment.

(e) Replacement and Upgrade of 360 Broadband Equipment.

(i) For a one-year period after the date of installation, 360 Broadband provides a limited warranty against any defect in materials or workmanship in the 360 Broadband Equipment that is warranted by the manufacturer of such 360 Broadband Equipment. During this one-year period, in the event there is a problem with the 360 Broadband Equipment that is, as determined by 360 Broadband in its sole discretion, not a result of action or inaction on the part of Customer (see below for details), and that cannot be corrected either over the telephone or on-site, 360 Broadband will, as its sole obligation and Customer’s sole remedy for such problem, repair or replace such 360 Broadband Equipment at 360 Broadband’s expense.

(ii) 360 Broadband shall have no obligation to repair, replace or otherwise upgrade, any 360 Broadband Equipment that has been, in 360 Broadband’s sole discretion, damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer, including, without limitation, damage or disruption caused by Customer’s failure to comply with Section 2(e) herein or by Customer’s failure to comply with the last sentence of Section 2(a) herein. Customer understands, acknowledges and agrees that this warranty expressly excludes defects in the 360 Broadband Equipment caused by acts of nature (such as, but not limited to, lightning damage), damage from misuse or neglect, water damage, damage caused by Customer’s failure to comply with Section 2(e) herein or damage or other disruption caused by Customer’s failure to comply with the last sentence of Section 2(a) herein. After the one-year warranty period, Customer will be solely liable for any and all damage to any 360 Broadband Equipment. Customer understands, acknowledges and agrees that 360 Broadband may from time to time require upgrades or replacement of the 360 Broadband Equipment to provide continued quality or service, and Customer will be obligated to pay the then-applicable “Equipment Upgrade Fee” as established by 360 Broadband.

(f)   Force Majeure and Weather-Related Liability

360 Broadband shall not be responsible or liable for any service interruptions, degradation, damages, delays, or failures to perform resulting from causes beyond its reasonable control, including but not limited to acts of nature, weather-related events (such as lightning, storms, floods, tornadoes, wildfires, or other extreme weather conditions), earthquakes, power outages, pandemics, strikes, labor disputes, acts of war, terrorism, governmental actions, or third-party actions affecting service delivery.

In the event of service disruptions due to severe weather or other force majeure events, 360 Broadband will use commercially reasonable efforts to restore service as soon as practicable but makes no guarantees regarding the timeframe or ability to provide uninterrupted service.

(g) Customer understands, acknowledges and agrees that prior to 360 Broadband servicing any Customer equipment or 360 Broadband Equipment, it is Customer’s responsibility to

(i) back-up the data, software, information or other files stored on Customer’s computer or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and

(ii) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s equipment. Under no circumstances shall 360 Broadband and/or its Operational Service Provider, be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media. An Operational Service Provider is a third-party-owned company that provides or performs services on 360 Broadband’s behalf, to help serve Customers better, or to perform internal functions that support 360 Broadband’s Service and operations.

3. ACCESS TO CUSTOMER’S PREMISES.

Customer hereby grants 360 Broadband and its Affiliates, and each of their respective employees, contractors, representatives, agents, and Operational Service Providers the right to enter Customer’s property and premises at any time for the purpose of operating or maintaining the 360 Broadband Equipment or the 360 Broadband Networks, retrieving 360 Broadband Equipment or fulfilling its obligations or exercising its rights under this Service Agreement. 360 Broadband shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of 360 Broadband, an emergency or other exigent circumstance exists that would require 360 Broadband to immediately enter Customer’s property and premises.

4. CUSTOMER’S REPRESENTATIONS, RESPONSIBILITIES AND WARRANTIES.

If Customer is an individual, Customer represents and warrants that he or she is at least 18 years of age and has legal authority to execute this Agreement. If Customer is a commercial entity, the individual executing this Agreement represents and warrants he or she has legal authority to execute this Service Agreement on behalf of Customer.

(a) This Service is personal to Customer and Customer represents and warrants that it will not assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement.

(i) For residential Customers, Customer represents and warrants that the Service and the 360 Broadband Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.

(ii) For commercial Customers, Customer represents and warrants that the Service and the 360 Broadband Equipment shall be used only by Customer and by authorized members of Customer’s business located at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.

(b) Customer represents and warrants that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Service Agreement, whether such breach results from Customer’s use of the Service or by another person using the Service via Customer’s equipment or 360 Broadband Equipment.

(c) Customer represents and warrants that Customer will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (ii) violates any local, state or federal statute, ordinance or regulation, or this Service Agreement; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent, representative or Operational Service Provider of 360 Broadband or its Affiliates; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

(d) Customer represents and warrants that the personally identifiable information (“Personal Information”) Customer provided and will provide to 360 Broadband during the term of this Service Agreement, including without limitation Customer’s legal name, email address for communications with 360 Broadband (such email address, as the same may be modified from time to time by Customer upon notice to 360 Broadband) (the “Account Email Address”), Service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House payments or other recurring payments) and Non-Personal Information, such as but not limited to the number of computers on which the Service is being accessed (all such information, collectively, the “Customer Information”) for purpose of this Service Agreement is accurate, complete and current.

(e) Customer represents and warrants that there are no legal, contractual or similar restrictions on the installation of the 360 Broadband Equipment in the location(s) and in the manner authorized by Customer and that Customer is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the 360 Broadband Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the 360 Broadband Equipment and/or provision of the Service (collectively, “Legal Requirements”) and the payment of any fines or similar charges for violation of any applicable Legal Requirements.

(f) Customer represents and warrants that when Customer transmits, uploads, posts, or submits any Customer Material (as defined herein) using the Service, Customer has the legal right to do so and that Customer’s use of such Customer Material does not violate any copyright or trademark laws or any other third-party rights. Customer Material collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content – anything installed by Customer on 360 Broadband’s servers not provided by 360 Broadband.

5. THE SERVICE AND PRIVACY.

360 Broadband has established a Privacy Policy (“Privacy Policy”), which governs 360 Broadband’s collection, use, disclosure, management and security related to Customer’s personally identifiable information (“Personal Information”).

(a) Customer agrees that Customer received a copy of the then-in-effect Privacy Policy at the time Customer executed this Service Agreement. 360 Broadband may update or amend the Privacy Policy at any time without Customer’s prior consent unless such consent is required by law. 360 Broadband will, however, provide notice of any such changes or amendments as stated in 360 Broadband’s Privacy Policy. Customer understands, acknowledges and agrees that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Service Agreement.

(b) 360 Broadband does not routinely monitor a Customer’s activity for violation of this Service Agreement and 360 Broadband has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of the Service. However, Customer agrees that 360 Broadband has the right to monitor the Service, any and all information or Customer Material transmitted through the Service or by use of the 360 Broadband Equipment, and information available to 360 Broadband regarding Customer’s computer and other equipment in accordance with this Service Agreement. 360 Broadband has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on 360 Broadband’s, its Affiliates’ or Operational Service Providers’ servers. 360 Broadband has the right to monitor, review, retain or disclose any content or other information in 360 Broadband’s possession about or related to Customer (including, without limitation, Customer Information), Customer’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as 360 Broadband deems necessary or appropriate in 360 Broadband’s sole discretion.

(c) 360 Broadband may require that Customer use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through 360 Broadband’s authorized Customer service channels. Only Commercial Customers may also choose to designate an authorized user of Customer’s account (an “Authorized User”), who will be permitted to access the Commercial Customer’s account information and make certain changes to Commercial Customer’s account. Commercial Customers will be solely liable for any and all action or inaction by any Authorized User.

6. PASSWORDS.

(a) Residential accounts are for individual use only. Commercial accounts are for authorized personnel only.

(b) Residential Customers shall not share passwords or accounts with others. Commercial Customers shall only provide passwords to authorized personnel.

(c) 360 Broadband shall provide or obtain passwords to protect Customer’s account and Services. In the event that the security of a Customer’s account or Service is compromised, 360 Broadband shall provide Customer with a new password.

(d) 360 Broadband may monitor the security of Customer’s passwords at any time. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by 360 Broadband; continued failure to maintain password security may be grounds for account termination.

7. SYSTEM SECURITY.

(a) Customer is solely responsible for maintaining the security of Customer’s computer(s)/device(s) and data and protection of Customer’s User ID, password and Personal Information and other data.

(b) Customer is prohibited from utilizing the Service to compromise the security or tamper with 360 Broadband’s system resources or accounts on any of 360 Broadband’s computers, routers, switches, servers, radios, modems, or any other equipment at 360 Broadband or at any other website. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools, and network probing tools. Any attempt to access any of 360 Broadband’s corporate assets is strictly prohibited.

(c) 360 Broadband reserves the right to release the login names of Customers involved in violating system security to system administrators at other websites, in order to assist them in resolving security incidents. 360 Broadband will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to 360 Broadband’s Privacy Policy and applicable law.

8. ACCEPTABLE USAGE.

360 Broadband’s Acceptable Use Policy (“AUP”) is incorporated into this Agreement by reference and governs the type of acceptable activities associated with the use of the Internet and voice service, including but not limited to usage of 360 Broadband’s systems and the 360 Broadband Networks for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. The AUP also identifies the activities specifically prohibited by 360 Broadband.

9. DIGITAL MILLENNIUM COPYRIGHT ACT.

Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify 360 Broadband’s registered designated agent if they believe that a Customer has infringed on their work(s). When 360 Broadband receives a complaint notice from a copyright owner, 360 Broadband will notify the Customer of the alleged infringement by providing Customer a copy of the submitted DMCA notice, to the extent permissible by law. As required by law, 360 Broadband enforces a graduated response policy to complaints that may lead to suspension or termination of service. 360 Broadband’s policy is to terminate a Customer’s account when that Customer has received three (3) DMCA complaints/violations over a period of 4 months or more than 4 notices over a period of 12 months. For information about how to contact 360 Broadband’s Designated Agent, please see 360 Broadband’s DMCA Copyright Infringement Notification Policy, available here.

10. PENALTIES FOR VIOLATIONS OF SERVICE AGREEMENT.

(a) Violation of this Service Agreement may be subject to immediate termination of Customer’s account in addition to any and all criminal and civil penalties available under the law. Typically, Customer will receive a warning on the first offense. However, if the offense is severe enough, 360 Broadband reserves the right to disable and terminate the account immediately. Accounts which have been disabled for abuse will not be re-opened. 360 Broadband also reserves the right to modify and/or disable Service at any such time the Customer violates this Service Agreement.

(b) 360 Broadband will not reimburse Customer when Service has been suspended, disabled or terminated due to violations of this Service Agreement.

(c) If Service is disconnected for non-payment, 360 Broadband is not obligated to reconnect Customer’s Service. However, if Customer desires reconnection, and 360 Broadband agrees to do so, Customer agrees to pay a Reconnection Fee plus any amount past due under Customer’s COS. The amount of the reconnection fee is set forth on 360 Broadband’s website and/or as set forth in Customer’s COS. If Customer’s equipment is disconnected due to non-payment, Customer will be charged an Equipment Re-Installation Fee of $150 for a standard Re-Installation during normal business hours.

11. SOFTWARE LICENSES AND THIRD-PARTY SERVICES.

(a) 360 Broadband may provide software for use in connection with the Service which is owned by 360 Broadband or its third-party licensors, third-party suppliers, and Operational Service Providers (“Software”). Such Software will be subject to an additional fee. 360 Broadband reserves the right periodically to update, upgrade, or change the Software remotely or otherwise and to make related changes to the settings and software on Customer’s computer(s)/device(s) or Equipment, and Customer agrees to permit such changes and access to Customer’s computer(s)/device(s) and Equipment. Customer may use the Software only in connection with the Service and for no other purpose.

(b) Certain Software may be accompanied by an end user license agreement (“EULA”) from 360 Broadband or a third-party. Customer’s use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms of the EULA.

(c) For Software not accompanied by a EULA, Customer is hereby granted a revocable, non-exclusive, non-transferable license by 360 Broadband or its applicable third-party licensor(s) or Operational Service Provider to use the Software (and any corrections, updates and upgrades thereto). Customer understands, acknowledges and agrees that the Software is confidential information of 360 Broadband or its third-party licensors/Operational Service Providers and that Customer will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by 360 Broadband or its third-party licensors/Operational Service Providers. Customer may not copy, de-compile, 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 timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third-party, or allow, encourage or solicit others to do the same. 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 360 Broadband or its third-party licensors/Operational Service Providers 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 to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.

12. CUSTOMER’S PAYMENT OBLIGATIONS.

Customer’s billing cycle begins with the issuance of 360 Broadband’s invoice for Standard Internet Access Service and/or VoIP service on the first (1^st) of each month. Initial Installations made after the 1st of the month will be prorated for the difference.

Customer understands and agrees that at the time of Service installation, Customer is required to pay the “First Month Payment,” “Partial Prorate of Current Month if Applicable,” “Standard Installation Fee,” any “Equipment Purchase Fee” and any Additional Service Fees, as set forth in the COS. Payments are due at the start of the Service period. Customer’s account will be charged a $20 late fee for payments not received within 15 days after the due date. Check returns and ACH returns will be charged a $25 return fee.

Failure to fulfill any payment obligations in a timely manner as provided herein will be considered a violation of this Service Agreement and Customer’s COS.

13. VOIP SERVICE FEES, TAXES AND OTHER CHARGES.

VoIP Service fees, taxes, and other charges may change from time to time. 360 Broadband blocks international phone calls to countries outside the United States except those made to Canada. Customer will be charged one dollar and fifty cents ($1.50 US) for each call Customer makes to Directory Assistance. [RG2] Customer agrees to pay all applicable federal, state, and local taxes.

14. VOIP SERVICE AND 911 EMERGENCY SERVICES.

By acceptance, and use, of the VoIP Service, Customer acknowledges and accepts any limitations of 911/E911 service, and Customer agrees to convey these limitations to all persons who may have occasion to place calls over the VoIP Service. If Customer has any questions about 911/E911, call 360 Broadband at 855-328-5099 (Oklahoma) or 855-903-3527 (Texas).

15. DISCLAIMER OF WARRANTIES.

(a) CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE 360 BROADBAND EQUIPMENT AT CUSTOMER’S SOLE RISK. THE SERVICE AND 360 BROADBAND EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS EXCEPT TO THE LIMITED WARRANTIES SPECIFICALLY SET FORTH IN SECTIONS 2 AND 4 HEREIN, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER 360 BROADBAND NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD-PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS:

(I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE;

(II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS;

(III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR

(IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR 360 BROADBAND EQUIPMENT, OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM 360 BROADBAND SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

(b) In addition, 360 Broadband may, in its sole discretion, make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by 360 Broadband to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s).

CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT 360 BROADBAND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT 360 BROADBAND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NONPERFORMANCE.

(c) EXCEPT AS SPECIFICALLY SET FORTH IN THE COS, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER 360 BROADBAND NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD-PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE 360 BROADBAND NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE 360 BROADBAND NETWORKS WILL BE AVAILABLE TO CUSTOMER.

Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Customer’s premises, foliage between 360 Broadband Equipment and other components of the 360 Broadband Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond 360 Broadband’s control and system failures, modifications, upgrades and/or repairs.

(d) THIS SERVICE AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

16. LIMITATION OF LIABILITY.

(a) STATUTE OF LIMITATIONS. CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.

(b) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL 360 BROADBAND OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD-PARTY LICENSORS OR THIRD-PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CUSTOMER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).

(c) ADDITIONALLY, 360 BROADBAND WILL HAVE NO LIABILITY FOR THE FOLLOWING:

(i) FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US);

(ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES;

(iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;

(iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

(v) FOR ANY DAMAGES OR LOSS DUE TO CUSTOMER’S FAILURE TO BACK-UP ANY EQUIPMENT AS REQUIRED IN SECTION 2(f) HEREIN;

(vi) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE;

(vii) FOR ANY MATTER BEYOND 360 BROADBAND’S REASONABLE CONTROL;

(viii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE TELEPHONY SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE;

(ix) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT, OR FOR

(x) FOR DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION

(a) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES,

(b) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR

(c) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS.

17. JURISDICTION / VENUE / CHOICE OF LAW.

This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Oklahoma, without conflict of law provisions. All disputes arising out of or related to this Agreement, or the Services, must be brought in a federal or state court located in the state of Oklahoma. Customer may not bring any claim, suit or proceeding after one (1) year from the date the alleged cause of action arose.

18. INDEMNIFICATION.

Customer agrees to indemnify, defend and hold harmless 360 Broadband, its Affiliates, officers, directors, employees, shareholders, representatives, agents, Operational Service Providers, third-party licensors and suppliers and their respective members, officers, directors, employees, shareholders, agents, representatives and contractors, and each of their successors and assigns (collectively, the “360 Broadband Indemnitees”) from and against all losses, expenses, damages and costs, (including reasonable attorneys’ fees) and other claims brought against any 360 Broadband Indemnitee(s) related to Customer’s use of the Service or any violation of this Service Agreement and all other documents incorporated herein by reference, including, but not limited to, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or other intellectual property right of any third-party, Customer’s violation of any law or the rights of another, and claims resulting from Customer’s negligence. Customer agrees to pay any attorneys’ fees incurred by 360 Broadband and/or any other 360 Broadband Indemnitee in connection with the defense of any such third-party claims. 360 Broadband reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with 360 Broadband in asserting any available defenses.

19. TERMINATION OF THE SERVICE.

(a) IF CUSTOMER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, 360 BROADBAND SHALL NOT BE REQUIRED TO REFUND CUSTOMER ANY PORTION OF THE MONTHLY FEES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS, UNLESS REQUIRED OTHERWISE BY STATE LAW.

(b) Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice. In the event of termination by Customer, Customer must notify 360 Broadband by telephone or by sending written notice to the address set forth in Section 20(h). A request for cancellation of service by Customer via email shall not constitute effective notice. In the event of termination by 360 Broadband, 360 Broadband may notify customer of termination by electronic or other means. 360 Broadband may take reasonable steps to verify Customer’s identity and authority before effecting such termination. The full Monthly Payment is due for any part of a month in which Service is provided. [RG3]

(c) Upon termination, Customer agrees to pay any account balance and to return any 360 Broadband Equipment or pay the Equipment Non-Return Fee as set forth in Customer’s COS. Customer expressly agrees that upon Termination of the Agreement:

(i) Customer will pay 360 Broadband in full for use of any Equipment and Service up to the later of the effective date of termination of this Agreement or the date on which the Service and any 360 Broadband Equipment have been disconnected and returned to 360 Broadband.

(ii) Customer will permit 360 Broadband to access Customer’s premises at a reasonable time to remove any Equipment and other material provided by 360 Broadband.

(iii) Customer will ensure the immediate return of any Equipment to 360 Broadband.

(iv) 360 Broadband is authorized to delete any files, programs, data, and email messages associated with Customer’s account.

(d) The Service and all Service features are subject to availability on an ongoing basis. Customer understands that 360 Broadband may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without notice to Customer. Without limiting the generality of the foregoing, 360 Broadband may suspend, disconnect, or terminate the Service at any time without prior notice if 360 Broadband believes in its sole discretion that Customer has

(i) failed to pay Customer’s bill when due,

(ii) threatened or harassed any 360 Broadband employee, agent or contractor or

(iii) violated any other provision of this Service Agreement.

(e) If the Service to Customer is disconnected for any reason or Service is suspended in accordance with this Agreement, 360 Broadband may charge Customer (i) for Service during the period of disconnection or suspension in accordance with applicable federal and state law and (ii) reasonable disconnection and reconnection fees.

(f) In the event that Customer’s account is suspended, disconnected or terminated, no refund, including fees paid by Customer to 360 Broadband, shall be granted. Moreover, 360 Broadband shall not be responsible for the return of data stored on 360 Broadband’s servers, including web and email servers. Customer agrees that 360 Broadband has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer(s) or for any other reason.

(g) Sections 2 through 20 herein shall survive any termination or expiration of this Agreement.

20. GENERAL PROVISIONS.

(a) This Service Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. This Service Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.

(b) The Parties agree that any Affiliates, Operational Service Providers, agents, third-party suppliers and licensors of 360 Broadband are intended beneficiaries of this Service Agreement. Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and 360 Broadband.

(c) No agency, partnership, joint venture, or employment relationship is created as a result of the Service Agreement and neither party has any authority of any kind to bind the other in any respect.

(d) 360 Broadband shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 360 Broadband’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

(e) This Service Agreement and all matters arising out of or related to this Service Agreement shall be governed by the laws of the State of Oklahoma without regard to its conflicts of law provisions. Subject to the agreement between Customer and 360 Broadband with respect to arbitration of any disputes, Customer agrees that the federal and state courts of Bryan County, Oklahoma alone shall have jurisdiction over all disputes arising under this Service Agreement and Customer consents to the personal jurisdiction of those courts.

(f) 360 Broadband’s failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of this Service Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.

(g) 360 Broadband may change, amend, alter, or modify this Service Agreement at any time. 360 Broadband may notify Customer of any change either by posting that change on 360 Broadband’s website (https://360broadband.com/) and by sending Customer an email or by U.S. mail. If Customer continues to use the Service after such notice has been made, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The current version of this Service Agreement, as the same may be modified by 360 Broadband from time to time, shall supersede any prior version of this Service Agreement that may have been provided to Customer at any time.

(h) Except as specifically set forth in this Service Agreement, any notices under this Agreement shall be effective as follows:

If to Customer:

Notice shall be made by:

(i) email to Customer’s Account Email Address;

(ii) by first-class mail to Customer at Customer’s billing address then on file with 360 Broadband;

(iii) insertion in Customer’s billing statement; or

(iv) when posted to the Announcements page of 360 Broadband’s website.

• Email (including an electronic billing statement) – Notice will be deemed effective when transmitted by 360 Broadband.
• First Class Mail (including a paper billing statement) – Notice is effective when deposited in the U.S. Mail, addressed to Customer at Customer’s then-current billing address.
• Announcements Webpage – Notice is effective when published by 360 Communications.

If to 360 Broadband:

Notice shall be made exclusively by first-class mail to 360 Broadband, PO Box 1663, Durant OK 74702, or such other address as 360 Broadband may from time to time publish to Customer, and such notice shall be deemed effective upon receipt by an authorized agent.

(i) Customer may not assign this Agreement, or Customer’s rights or obligations under this Service Agreement without 360 Broadband’s prior written consent, and any purported assignment by Customer without such consent shall be void. 360 Broadband may transfer or assign any portion or all of this Service Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law.

(j) Customer and 360 Broadband have executed this Service Agreement by their signatures (or, in the case of 360 Broadband, the signature of 360 Broadband’s authorized person) on the COS.