Quantum Internet and Telephone

Service Agreement

 

A. Terms and Conditions of Regulated Service

 

1. Tariffs: Regulated Services are provided pursuant to rates, terms, and conditions contained in tariffs on file with state and/or federal regulatory authorities, and Quantum may amend such tariffs and Regulated Service shall be subject to such   tariffs,   as   amended.   After   the   initial   term,   this Agreement shall automatically renew for additional terms, equal to the initial term, at the same rates, terms and conditions unless a party gives the other written termination notice at least sixty (60) days prior to the expiration of the then existing term. The tariffs contain Service cancellation or termination charges due to cancellation or termination of Service prior to the term selected on page one of this Agreement. Termination charges include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of the Customer, and the monthly recurring charges for the balance of the term.

 

2. Telephone Numbers: Quantum will be the carrier of record for the Customer’s assigned telephone numbers, and numbers that are ported to Quantum from another carrier. These numbers, while not the property of the Customer, are reserved for their sole usage during the time Service is active with Quantum, and can be retained for the Customer’s use if ported to another carrier at the termination or expiration of this Agreement. All number assignments and use shall be subject to the rules and regulations of the North American Numbering Plan Administrator. Any telephone number designated by Quantum in advance of the activation of Quantum   telephone   Service   is   subject to   change by Quantum. Additional terms and conditions regarding telephone numbers are contained in Quantum tariff(s).

 

3. State-to-State and International Services: If Customer subscribes to or uses state-to-state and/or International telecommunications Services from Quantum, such Services shall be provided pursuant to the terms and conditions contained in Quantum Customer Service Agreement which may be found at our web site: http://www.quantel.net/regulations .

 

4. PBX Usage, Equipment, and E911 Services: If Customer uses a Private Branch Exchange (PBX) in connection with the Services, Customer is responsible for programming the PBX to ensure that agencies receiving E911 emergency calls through the PBX will receive appropriate information about the location of the caller. For certain telephone Services, an integrated access device (IAD), or an analog terminal adaptor (ATA) will be provided and installed by Quantum at no charge to Customer. Only the IAD will have battery   backup provided by   Quantum. Customer is responsible for battery backup for the ATA. In the event of a power outage, your telephone Service using an IAD will continue to operate as usual for up to eight hours with the backup battery provided by Quantum. The duration of Service during a power outage using an ATA will depend on Customer’s battery backup choice. If the ATA, or IAD that supplies your telephone Service is disconnected or removed and/or the battery is not charged, Service, including access to E911, will not be available. Quantum uses your telephone Service address to identify your location for E911 Service. To ensure that E911 dispatch receives your correct address, the ATA and/or IAD installed in your business should not be moved. Please notify Quantum if you would like to move or relocate your telephone Service. It can take up to 2 business days for your new address to be updated.

 

5. Customer Account Information: The FCC requires that business Customers set up and use a Private Identification Number (PIN) when communicating with Quantum to obtain certain information about, or to make certain changes to, their telephone account. Use of this PIN may be waived when communicating with an account representative dedicated to Customer’s account. Telephone Service is subject to the Quantum privacy policy posted at http://www.quantel.net/regulations . Quantum reserves the right to change these rules to maintain compliance with the FCC’s Customer Proprietary Network Information regulations.

 

6. Validity of Tariff: Customer acknowledges and agrees that any and all tariffs on file and approved by the MD PSC or the FCC are valid. As such, Customer agrees that in the event of a conflict between an approved tariff and a proposal, sales order, or other offer to provide Regulated Services, the tariff will be controlling.

 

B. Terms and Conditions of Unregulated Services and Service not Subject to Tariffs.

 

1. Resale of Service: Unless authorized in writing by Quantum, Customer may not resell any portion of the service to any other party; provided, however, Customer may, with Quantum’s prior written consent, resell web hosting for third parties through the services. Customer shall be responsible for any software and content displayed and distributed by Customer or Customer’s web hosting Customers, if any.

 

2. IP Address/Domain Name Registration: Quantum allocates IP addresses to Customer according to ARIN guidelines. All IP addresses assigned by Quantum must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP addresses are subject to the IP policy in the AUP. Domain name registrations are subject to rules promulgated by the domain name registrar, which may be amended from time to time. Customer is responsible for payment and maintenance of domain name registration.

 

3. Termination: Customer may terminate Unregulated Services for any reason upon payment of all sums due under this Agreement. Customer may terminate data, Internet, web hosting, unregulated telephone services, and/or web conferencing services before the end of the term selected by Customer on page one of this Agreement; provided, however, if Customer terminates such service before the term selected by Customer (except for breach by Quantum), or Quantum terminates services for Customer’s breach of this Agreement, or the AUPs, Customer will be subject to a termination liability. The termination liability shall equal 100% of the monthly recurring and nonrecurring charges for the terminated services multiplied by the number of full months remaining in the term commitment. This provision survives termination of the Agreement. After the initial term, this Agreement shall automatically renew for additional terms, equal to the initial term, at the same rates, terms and conditions unless a party gives the other written termination notice at least sixty (60) days prior to the expiration of the then existing term. If Quantum Is delivering services via wireless network facilities and there is signal interference with such service, Quantum may terminate this Agreement if Quantum cannot resolve the interference by using commercially reasonable efforts.

 

4. Viruses and Content Customer Information: Software or content obtained from the use of service may contain viruses or other harmful features and Customer is solely responsible for protecting its network, equipment, and software through the use of firewalls, anti-virus, and other security devices. Through the use of the service, Customer may obtain or discover content that is offensive or illegal and Customer assumes the risk and is solely responsible for its access to such content. Quantum may disclose Customer information to law enforcement or to any Quantum affiliate. Quantum may delete any Internet traffic or e-mail that contains a virus. If Customer operates a wireless local access network in connection with the services, Customer is solely responsible for the security of its network. Use of the service is subject to Quantum’s privacy policy posted at http://www.quantel.net/regulations .

 

5. Web Hosting Servers: Quantum reserves the right to select the server for Customer’s web site for best performance. The Customer understands that the services provided by Quantum may be provided on a shared server. This means that one web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Customer’s web site overwhelms the server and causes complaints from other users, the Customer has outgrown the realm of shared services and will be required by Quantum to relocate its web site. If the Customer refuses to comply with this Section, then Quantum has the right to terminate the Unregulated Services. Quantum will use reasonable efforts to maintain a full time Internet presence for the Customer. The Customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, maintenance equipment failure, natural disaster, acts of God, or human error, and Quantum shall not be liable to Customer for such outages or server downtime.

 

6. Digital Millennium Copyright Act: Quantum is registered under the Digital Millennium Copyright Act of 1998. Pursuant to 17 U.S.C. Section 512(c)3, if you believe that a Web page hosted by Quantum is violating your rights under U.S. copyright law, you may file a complaint with Quantums designated agent. Please email DMCA@quantel.net for information necessary to file your complaint with Quantum.

 

7. E-Rate Customers: This paragraph applies only to educational institutions or libraries seeking reimbursement under the Federal Universal Service Fund. Customer shall apply annually to the Schools and Libraries Division, “SLD” for E-Rate funding and Customer shall designate Quantum as its provider of services. Customer shall also provide Quantum with all documentation that is in response to all queries, inquires and requests as part of the Program Integrity Assurance (PIA) process within three (3) business days of receipt and/or delivery thereof. Customer also acknowledges that increases and decreases in funding for services may occur from the SLD. If Customer is denied SLD funding for any reason, Quantum may then elect to decrease the level of services provided to Customer. If full E-Rate funding is not received within 6 months of application date, or by the opening of the application window for the following funding year, then Quantum may terminate the Agreement without further liability to Quantum or the Customer. Additionally, if full E-Rate funding is not received and Quantum elects to terminate the services during the contract term, then Customer may be subject to termination liabilities.

 

8. Payment: Customer shall pay for all monthly service charges, plus one-time set-up, installation and/or construction charges. Unless stated otherwise herein, monthly charges for services shall begin upon installation of service, and installation charges, if any, shall be due upon completion of installation. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge at the maximum rate allowed by law. If applicable to the service, Customer shall pay sales, use, gross receipts, excise, access, Universal Service Fund assessments, E911 fees, franchise fees, bypass or other local, state and Federal taxes or charges imposed on the use of the services. Taxes will be separately stated on the Customer’s invoice. No interest will be paid on deposits.

 

9. Service and Installation: Quantum shall provide Customer with the services and Equipment identified on the first page of this Agreement. Customer is responsible for damage to any Quantum equipment. Customer may use the services for any lawful purpose, provided that such purpose (a) does not interfere or impair the Quantum network, equipment and (b) complies with the applicable AUP which are incorporated herein by reference. Customer shall use the equipment only for the purpose of receiving the services. Unless provided otherwise herein, Quantum shall use reasonable efforts to maintain the services in accordance with applicable performance standards. Bandwidth speeds for Internet services may vary, and Customer may not always receive, or obtain, optimal bandwidth speeds. Quantum network management needs may require Quantum to modify upstream and downstream speeds. Use of the data, Internet, web conferencing / web hosting services shall be subject to the Quantum AUP and the AUP is available online at http://www.quantel.net/regulations . Web hosting Customers may view their AUP by clicking on the control panel. Upon notice to Customer, the AUPs may be amended from time to time during the Term of this Agreement. Customer’s continued use of the services following an amendment shall constitute acceptance.

 

10. Service Start Date and Term: This Agreement shall be effective upon execution by the parties. Services shall be provided for the applicable term set forth on the first page of this Agreement and such term of service shall begin upon installation of service; provided that if Customer delays Quantum service installation, Quantum may immediately begin billing for services on the date services would have been installed. Quantum shall use reasonable efforts to make the   services available   by the   requested service   date. Quantum shall not be liable for damages resulting from delays in meeting service dates due to construction delays or for reasons beyond its control. Customer shall be liable for any costs incurred by Quantum to install or provision services if Customer cancels the order before installation has been completed satisfactory to both parties. In the event that Customer cancels during the term of this Agreement, Customer shall be liable for all payments still due through the completion of the term of this Agreement. Quantum reserves the right to negotiate the amount of such early cancellation payments at its sole discretion.

 

11. Customer Responsibilities: Customer is responsible for arranging all necessary rights of access for Quantum including space for cables, conduits, and equipment as necessary for Quantum authorized personnel to install, repair, inspect, maintain, replace, or remove any and all facilities and equipment provided by Quantum.

 

Customer shall provide a secured space with electrical power, climate control and protection against fire, vandalism, and other casualty for Quantum’s equipment. Customer shall use the services in compliance with all applicable laws and ordinances, as well as applicable leases and other contractual Agreements between Customer and third parties. If Customer engages in a public performance of any copyrighted material contained in any of the services, the Customer, and not Quantum, shall be responsible for obtaining any public performing licenses. Customer is responsible for ensuring that Customer’s equipment is compatible for the services selected and with the Quantum network.

 

12. Equipment: Unless otherwise provided herein, Customer agrees that Quantum shall retain all rights, title and interest to facilities and equipment installed by Quantum, and that Customer shall not create or permit to be created any liens or encumbrances on such equipment. Internal Wiring shall not be considered equipment and shall become the property of Customer upon initiation of service. Customer shall not permit tampering, altering, or repair of the equipment by any person other than Quantum’s authorized personnel. For Quantum owned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment in good condition, ordinary wear and tear resulting from proper use excepted. In the event the equipment is not returned to Quantum in good condition, Customer shall be responsible for the value of such equipment. Quantum shall repair any equipment owned by Quantum at no charge to Customer provided that damage is not due to the negligence of Customer. If additional equipment, including but not limited to computers, circuits, software, or other devices, are required by Customer to use the services, Customer shall be responsible for such equipment.

 

13. Default: If Customer fails to comply with any material provision of this Agreement, including, but not limited to failure to make payment as specified, then Quantum, may pursue one or more of the following courses of action upon notice to Customer as required by tariff or applicable law: (i) terminate service whereupon all sums then due and payable shall become immediately due and payable, (ii) suspend all or any part of services, and/or (iii) pursue any other remedies, including reasonable attorneys’ fees, as may be provided at law or in equity, including the applicable termination liabilities.

 

14. LIMITATION OF LIABILITY: Quantum shall not be liable for damages for failure to furnish or interruption of any services, nor shall Quantum be responsible for failure or errors in signal transmission, lost data, files or software damage regardless of the cause. Quantum shall not be liable for damage to property or for injury to any person arising from the installation or removal of equipment unless caused by the negligence of Quantum. Under no circumstances will Quantum be liable for any special or consequential damages including lost profits arising from this agreement.

 

15. Assignment: Customer may not assign or transfer any part of this Agreement without the prior written consent of Quantum. Quantum may assign this Agreement and service may be provided by one or more legally authorized Quantum affiliates.

 

16. WARRANTIES: Except as provided herein, there are no other agreements, warranties or representations, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose, relating to the services. Services provided are a best efforts service and Quantum does not warrant that the services, equipment or software shall be error-free   or without   interruption.   Quantum   makes no warranty as to transmission or upstream or downstream speeds of the network.

 

17. Indemnity: Customer shall indemnify and hold Quantum and its respective affiliates, subcontractors, employees or agents harmless (including payment of reasonable attorney’s fees) from and against any claim, actions or demands relating to or arising out of Customer’s use of the service including without limitation: (i) any content or software displayed, distributed or otherwise disseminated by the Customer, its employees, or, users of the services, (ii) any claim that Customer’s content or registration and maintenance of Customer’s selected domain name(s), infringes on the patent, copyright, trademark or other intellectual property right of any third party; (iii) any act in violation of any laws committed by Customer, its employees or users using the services; and/or (iv) violation by Customer, its employees or authorized users of the Quantum AUPs.

 

18. Miscellaneous: This Agreement, the tariffs, and the documents referenced herein constitute the entire Agreement between Quantum and Customer for the services and equipment. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. Except as provided herein, this Agreement may be modified, waived, or amended only by a written instrument signed by the parties. The rights and obligations of the parties under this Agreement shall be governed by the laws of the state where services are installed. The failure by either party to exercise one or more rights provided in this Agreement shall not be deemed a waiver of the right to exercise such right in the future. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by express mail service or by certified or registered mail, return receipt requested; with all postage prepaid. All notices and other written communications under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement.

 

19. Regulatory Authority-Force Majeure: This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance if such failure is caused by acts of God, natural disasters including fire, flood, or winds, civil or military action, including riots, civil insurrections, acts of terrorists, or the taking of property by condemnation.

 

20. Disclosure: Quantum and the Customer will not disclose the terms of this agreement to any third party.

21. NO WARRANTIES. Quantum does not guarantee that service can be provisioned to your location, or that provisioning will occur according to a specified schedule. The provisioning, performance and speed of the service are subject to circuit or other network facility availability and other factors, including without limitation, loop length and condition, the condition of wiring inside your location, computer or device configurations and capabilities, as well as network or internet congestion, among other factors. In the event your service is not provisioned for any reason, neither you nor Quantum shall have any duties or obligations under this agreement (other than your obligation to return any equipment provided to you). Quantum does not warrant that the service or equipment provided by Quantum will meet your needs, perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, or secure, or free of viruses, worms, disabling code or conditions, or the like.

Advice or information given by Quantum or any of Quantum’s representatives, suppliers, subcontractors or agents, or their respective employees, agents and suppliers, shall not create a warranty. Except as otherwise expressly provided herein, Quantum and each of Quantum’s agents, third party licensors, providers and suppliers disclaim, with respect to all services, any and all representations and warranties, express, implied or arising by course of performance, dealing, custom or trade usage, including but not limited to the implied warranties of merchantability, fitness for a particular purpose (even if Quantum knew or should have known such purpose) and non-infringement. You agree that the service is provided on an "as is" and "as available" basis.

22. Third Party Beneficiaries. You agree that all of Quantum’s rights, limitations and disclaimers stated in this agreement also apply to and may be exercised or enforced by Quantum’s third party licensors, providers, subcontractors and suppliers as third party beneficiaries of this agreement.

23. Use of Service. You acknowledge and agree that you are solely responsible for all use of the Service (including without limitation the use of any assigned IP addresses and any secondary or sub-accounts associated with a primary account) and the manner in which the Service is used by you or anyone who uses the Service, with or without your permission. If you use a wireless router or similar device, you are responsible for securing your wireless network and for any use of the Service via your wireless network. You may not resell, re-provision or rent the Service to third parties (either for a fee or without charge) or allow third parties to use the Service via wired, wireless or other means. For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot), use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). You may connect multiple computers/devices within a single office location to your Service router to access the Service, but only through a single account and the IP address, or addresses obtained from Quantum, and, if available through the Service, you may permit your patrons or guests to access the Internet through your Service’s Wi-Fi capabilities. You are solely responsible for ensuring the security of the Wi-Fi network and for any use of Wi-Fi by your guest and patrons. You may not exceed the bandwidth usage limitations that Quantum may establish from time to time for the Service, or use the Service to host any type of server. Violation of this section may result in bandwidth restrictions on your Service, suspension of your Service, and/or termination of your Service.

You agree not to use, or permit others to use, the Service in ways that (i) violate any law or applicable regulation, this Agreement (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment and software of Quantum’s network or other networks. By way of example and not limitation, you agree 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 or store child pornography; distribute obscene or defamatory material over the Internet; or infringe copyrights, trademarks or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service. Quantum reserves the right in Quantum’s sole discretion to restrict, suspend or terminate your Service (or any portion thereof), with or without notice, if use of the Service by you or anyone using it, in Quantum’s sole judgment, violates this Agreement, is unlawful or adversely affects or threatens Quantum’s network or service, suppliers, contractors, other users or employees, including but not limited to, use that is prohibited or that generates excessive Internet traffic or emails.

You agree to comply with the terms of service that apply to any websites or other services you access on the Internet and agree that the third party provider of such services (and not Quantum) is solely responsible for the delivery of its services(s) to you and your use of them. Third party services include, but are not limited to, portal, music, video, auction, security, financial, gaming, storage and photography services. You further agree to indemnify, defend and hold Quantum harmless from and against any claims or liabilities that may result from your use of such third party services.

You acknowledge and agree that the reliability, availability and performance of data or services accessed through the Internet or other services connected or linked to the Service are beyond Quantum’s control and are not in any way warranted or supported by Quantum, Quantum’s subcontractors or suppliers. You also agree to provide Quantum with the access and support required to allow Quantum to implement, maintain and provide the Services. Quantum may take any action Quantum deems appropriate, in Quantum’s sole discretion, to maintain the high quality of Quantum’s Service and to protect others and ourselves. In addition, you agree that your use of the Service and the Internet is solely at your own risk.

24. Entry to Your Service Location. You agree to allow Quantum, including Quantum’s suppliers and subcontractors, to enter your business during normal business hours by appointment to perform necessary activities related to the installation, inspection, repair, replacement or disconnection of Quantum’s Service and equipment. You will allow Quantum to make attachments and connections that are necessary to provide Service to you. If you are not the owner of the premises to be entered, you must supply proof that you are authorized to allow work to be done on such premises.

25. Indemnification. You agree to indemnify Quantum and hold Quantum harmless for any damages, costs, liabilities and attorneys' fees Quantum incurs from any claim arising from your use of the Services, or the use of your Service by others, including without limitation, violation of the copyrights, trademarks or other intellectual property rights of others, your combination of the Services with other products or services not provided by Quantum, any modification of the Services, or any breach of this Agreement by you. In such event, you agree to conduct the defense and have control of the litigation and settlement, if any. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects Quantum’s rights or interests without Quantum’s prior written consent. As the indemnifying party, you may not settle any claim under this section which includes an admission of criminal liability or the payment of a settlement amount without the prior written permission of the indemnified party.

26. Providing Information about You in Response to Legal Process. Quantum reserves the right to provide information about your account and your use of the Service to Quantum’s suppliers as well as to any other third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, providing information about your account, usage of Service and monitoring of the network consistent with applicable law. Quantum may also report any facts or circumstances reported to Quantum or that Quantum discovers from which it appears there may be a violation of the child pornography laws. Quantum reserves the right to report any appropriate information including the identity of users, account information, images and other facts to law enforcement and the National Center for Missing and Exploited Children.

27. Equipment; Service Changes, Performance; Backup and Maintenance.

(i) Equipment. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including without limitation any necessary system or software updates, patches or other fixes, which are or may become necessary to access the Service, and to operate your computer. The preceding obligations apply regardless of whether Quantum or a third party provided the software or hardware to you. Only the manufacturer's warranties included with any hardware or software provided by Quantum shall apply. Hardware (routers or other equipment) provided is new or fully inspected and tested return unit under full warranty.

(ii) Service Performance. You understand that fiber 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), as well as based on network congestion and the speed of servers you access on the Internet, among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration the condition of the wiring inside your location, among other factors. Quantum and Quantum’s suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.

(iii) Monitoring System Performance. Quantum may measure and monitor the performance of your Internet connection and usage levels in order to maintain and improve the level of Service. You agree to permit Quantum to access your computer's settings in the event you request and Quantum agree to provide customized technical support. You agree to permit Quantum to access your computer and equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service. You also consent to Quantum’s monitoring of your Internet connection and network performance, and to Quantum’s accessing and adjusting your computer and settings, as they relate to the Service or other services, which Quantum may offer from time to time.

(iv) Changes to Service. Quantum reserves the right to change the Service (or any part thereof) at any time with or without notice to you, including but not limited to available speeds and speed combinations, features, configurations, usage structure or levels, pricing methodology and other terms. If such a change materially and adversely affects your current access, usage or cost of Service, and Quantum cannot reasonably mitigate its impact, then as your sole and exclusive remedy, you may terminate the Service without further obligation.

28. IP Addresses. If Quantum deems it necessary, you may be required to renumber the IP addresses assigned to you by Quantum. Upon expiration, cancellation or termination of Service at your Service location for any reason, you agree to return to Quantum any IP addresses or address blocks that Quantum assigned to you.

29. Limitation of Liability. In no event shall Quantum, Quantum’s third party licensors, providers or suppliers be liable to you for (a) any punitive, special, consequential, incidental or indirect damages including without limitation, lost profits or loss or damage to data arising out of the use or inability to use services, even if Quantum has been advised of the possibility of such damages, or (b) any claims against you by any third party.

30. Limitation of Damages. Quantum’s aggregate liability to you for any cause of action or claim whatsoever, including, but not limited to, any non-installation, security breach, delay, failure or disruption of services provided, regardless of the form of action, whether in contract or tort, or otherwise, shall not exceed a pro rata credit for the monthly fees (excluding all taxes) you have paid to Quantum for the service during the six (6) month period prior to when such claim arose. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of consequential or incidental damages. In these jurisdictions Quantum’s liability shall be limited to the maximum extent permitted by law.

31. Acceptable Use Policy (AUP)

(i) General Policy: Quantum reserve the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in Quantum’s sole discretion, violates Quantum’s policies or those of Quantum’s subcontractors or vendors, is objectionable or unlawful, interferes with the functioning or any other person’s use of the Internet, Quantum’s network, or the networks of Quantum’s subcontractors or vendors, or violates the terms of this Agreement or applicable law.

(ii) Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section K(i), it is a violation of the Agreement to: (a) access, without permission or right, the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Quantum, or subcontractors or suppliers, or any other entity, or to penetrate the security measures of Quantum or Quantum’s subcontractors or suppliers or any other person’s computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (f) generate excessive amounts of email or other Internet traffic; (g) use the Service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or (h) download or use the Service in countries prohibited by applicable law.

(iii) Copyright Infringement/Repeat Infringer Policy. Neither you nor anyone using the Service may store any material or use Quantum’s systems or servers (or systems or servers of Quantum’s subcontractors or suppliers) in any manner that constitutes an infringement of any intellectual property rights of Quantum, Quantum’s subcontractors or suppliers, or any other third party, including under U.S. copyright law. You understand and agree that any and all use of the Service is subject to such measures (including without limitation suspension and/or termination of Service) as Quantum may implement in Quantum’s discretion from time to time to ensure compliance with intellectual property rights, U.S. copyright law, and other applicable laws. These policies are in addition to and do not affect or modify any other rights Quantum or Quantum’s subcontractors or suppliers may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please contact Quantum.

(iv) Compliance Monitoring. Quantum and Quantum’s subcontractors and suppliers may, but are not required to, monitor your compliance, and the compliance of other subscribers and users, with the terms, conditions or policies of this Agreement. You acknowledge that Quantum and Quantum’s subcontractors and suppliers shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement.

32. Term Modification. Quantum in Quantum’s sole discretion, from time to time, may update and/or modify the Terms of this Agreement by providing notice to you and/or by posting changes on Quantum’s website at http://www.quantel.net/regulations , or any successor location on Quantum’s website.

33. The Quantum Companies. This Agreement and associated Service Orders may be issued by Quantum Internet Services, Inc. (http:www.qis.net), or, Quantum Telecommunications, Inc. (http://www.quantel.net), depending upon the type of services being offered by either company. Although non-tariffed services may be offered by both companies, tariffed services may only be offered by Quantum Telecommunications, Inc. “Quantum Internet and Telephone" refers to the services provided by either, or both companies, and does not represent a separate legal corporate entity.

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Use of Quantum's services, systems, servers, and facilities, constitutes the customer's agreement with Quantum's Rules and Regulations, and the Quantum Service Agreement, both of which are subject to change without notice.

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