Mountain Telephone
Internet Services Acceptable Use Policy

1. Introduction

Mountain Telephone’s Acceptable Use Policy (“AUP”) is intended to help enhance the quality of the Internet by preventing unacceptable use. Furthermore, the AUP is designed to help protect Mountain Telephone, Mountain Telephone's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. By using the Internet Services and/or Resources owned by Mountain Telephone, which includes Dial-Up, DSL, Website Hosting and other related services, you agree to abide by this AUP.

Mountain Telephone reserves the sole discretion to deny or restrict your Service, or immediately suspend or terminate your Service if you or anyone using the Services, in our sole discretion, violates the Agreement, other Mountain Telephone policies, or engages in any of the activities prohibited by this AUP, or if such use is objectionable, unlawful, or interferes with the functioning or use of the Internet or the Mountain Telephone network by Mountain Telephone or other users. Refer to Section 5 for more information. The failure of Mountain Telephone to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Use of any of the Internet Services offered by Mountain Telephone by any customer will constitute acknowledgment of and agreement to the terms outlined in this AUP. Mountain Telephone reserves the right to modify the AUP at any time, effective upon posting at http://www.mountaintelephone.com/Sub/AUP.html.

For the purpose of this AUP, the Customer shall sometimes be referred to as [User(s)].

2. Privacy

1. We will not release any of your personal identifying information to other people or agencies unless we receive an authorization from you, except under subpoena or by order of a court of competent jurisdiction. In addition, Mountain Telephone will cooperate with legal authorities in the investigation of suspected criminal or civil violations. Such cooperation may, but is not limited to, monitoring our network consistent with applicable law. In addition, Mountain Telephone is required by law to report any facts or circumstances reported to us or that we discover from which it appears that there may be a violation of child pornography laws. We reserve the right to report any such information, including the identity of users, account information, images and other facts to law enforcement representatives.

2. Mountain Telephone reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Mountain Telephone's servers and network. During an investigation, Mountain Telephone may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to Mountain Telephone cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP.

3. Mountain Telephone will not sell or disclose customer’s contact information or customer lists to any third party, unless required by law, specifically authorized by customer, or as otherwise described in this AUP.

4. Although you may want to use an alias or a fictitious username for your Mountain Telephone account, your full legal or entity identity (company) must be disclosed when you sign up with Mountain Telephone and updated as necessary Mountain Telephone will issue aliases based upon availability. You will surrender your alias if you change it or if your account is terminated for any reason. You recognize that you have no ownership or property interest in the alias issued by Mountain Telephone for your use.
   
   

3. System Use Policies / Unacceptable Conduct.

Without limiting the general policy in Section 1, the following activities are listed as examples of conduct that may lead to limitation, suspension or termination of your service. Mountain Telephone may, but is not required to, monitor your compliance or the compliance of other subscribers with its terms, conditions or policies. You acknowledge that Mountain Telephone 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 AUP.

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

   1. In accordance with the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement for Mountain Telephone. Any claims of copyright infringement should be directed to:

Copyright Infringement Contact
Mountain Telephone
PO Box 399
West Liberty, KY 41472

Phone: (606) 743-3121 ext. 167
Fax: (606) 743-3635
Email: copyright@mountaintelephone.com

2. Mountain Telephone provides Unlimited DSL as well as Full Service Dial-Up for Internet Access. This should not be construed to mean full time or completely unregulated access. There are a great many users sharing Mountain Telephone network facilities, and we are committed to providing good, consistent service to all customers. For this reason, the customer should observe the following guidelines in the usage of your Mountain Telephone account:

   1. Do not maintain a connection to your Dial-Up account when you are not actively using the Internet, and be sure to log out of the system when you are ready to end an Internet session.
   2. Multiple, simultaneous logins of the same account are prohibited. A Dial-Up service connection may be used from different computers that are owned by the customer, but only one connection at a time.
   3. Our network is configured to terminate your Dial-Up session after eight (8) hours. We do not mind if you log back in if you are disconnected, but unless you are paying for a dedicated / DSL connection, you should not expect to be able to stay logged on indefinitely.
   4. You are responsible for ensuring that Mountain Telephone Dial-Up access is a local call from your location. Mountain Telephone is not responsible for any local or long distance call charges or other phone company imposed fees and charges.
   5. Customer has no ownership of static IP numbers that may have been assigned to the customer by Mountain Telephone. Mountain Telephone reserves the right at any time to remove these static IP assignments with advance notice to the customer from Mountain Telephone. If deemed necessary, Mountain Telephone also reserves the right to reassign static IP allocation at its sole discretion.
   6. The services you purchase from Mountain Telephone are not transferable. The reselling of all Internet Access Services is strictly prohibited unless expressed permission is received in writing from Mountain Telephone. Internet Access Services are not to be shared with a second entity, extended, redistributed or retransmitted via wired or wireless networks outside the primary location without expressed permission in writing from Mountain Telephone.
   7. Mountain Telephone knows that a customer's use of available bandwidth may "peak" for short periods of time when viewing streaming video, uploading/downloading a large file or sending large e-mails, and Mountain Telephone will attempt to avoid limiting bandwidth availability in those instances. However, when a customer's peak use impacts the performance of other customers' services, Mountain Telephone reserves the right to take steps to maintain the integrity and performance characteristics of its network, which may include steps to limit your bandwidth. Mountain Telephone will use a network utilization, monitoring and reporting system to identify and confirm excessive use, Mountain Telephone’s network management practices are designed to function neutrally, permitting (1) access to lawful content of the subscriber’s choice, (2) running applications and accessing services of the subscriber’s choice (subject to the needs of law enforcement), and (3) connection to the subscriber’s choice of legal devices that do not harm the network. Mountain Telephone will make a good faith and reasonable effort to contact a customer Mountain Telephone believes is making excessive use of its Internet Services, currently defined as exceeding 100 Gbytes per month, prior to limiting bandwidth, and to discuss ways the customer may avoid such limitation. However, customers whom Mountain Telephone determines to be making excessive use of Mountain Telephone Internet Services may have service limited, metered, suspended or, if necessary, terminated.

3. Sending uninvited communications, data or information, including, without limitation, “flaming,” or Unsolicited Bulk Email ("UBE", "spam") through Mountain Telephone servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Mountain Telephone servers, is prohibited. Mountain Telephone accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this AUP or that of the other provider.

4. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Mountain Telephone customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to/from any Mountain Telephone hosted domain, or referencing any Mountain Telephone account, is prohibited.

5. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, or denial of service attacks.

6. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

7. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking") are prohibited.

8. Intercepting, interfering with or redirecting email or other transmissions sent by or to others is prohibited.

9. Introducing viruses, worms, harmful code or Trojan horses is prohibited.

10. Defamatory conduct is prohibited.

11. Obtaining or attempting to obtain any of the Internet Services by any means or device with intent to avoid payment is prohibited.

12. Unauthorized access, alteration, destruction, or any attempt thereof, of any information or the accounts of any other person or entity by any means or device is prohibited.

13. Engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Mountain Telephone network or on another provider's network is prohibited.

14. Using Mountain Telephone Internet Services to interfere with the use of the Mountain Telephone network by other customers or authorized users is prohibited.

15. Content posted to Mountain Telephone Personal Web Pages will be removed if that content violates copyrights, libels others, or contains code which could harm systems which visit the site.

16. Sexually explicit and patently offensive content; materials that otherwise violate federal, state or local law; and materials and content that threaten the security or utility of the Mountain Telephone network, are strictly forbidden in any Mountain Telephone Web service to which you subscribe -- personal or commercial.

17. You may not use Mountain Telephone Internet Services to gain, or attempt to gain unlawful access to other computer or other computer systems.

18. Mountain Telephone reserves the right to remove from public view any material or content brought to its attention which violates this AUP.

19. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

20. Harm to minors. Using the Internet Services to harm, or attempt to harm, minors in any way is prohibited.

21. Threats. Using the Internet Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.

22. Harassment. Using the Internet Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another is prohibited.

23. Fraudulent activity. Using the Internet Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters" is prohibited

24. Collection of personal data. Using the Internet Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

25. Using a personal account for high volume or commercial use is prohibited.
    

4. Warranties / Disclaimers / Indemnification

1. Mountain Telephone makes no warranties of any kind, whether expressed or implied, including without limitation any implied warranty of merchantability or fitness of this service for a particular purpose.

2. User(s) agrees that the use of all Internet Services provided to each User(s) by Mountain Telephone is at User's own risk.

3. The fact that a customer uses a password does not guarantee that any communication or use of Mountain Telephone Internet services is truly secure. Confidential information will be kept as secure as possible; however, the customer has no enforceable right to total privacy and/or security from a data packet standpoint.

4. Mountain Telephone can not guarantee continuous service, service at any particular time, the speed of service, or integrity of data stored or transmitted via its system or via the Internet. Mountain Telephone shall not be liable to the User(s) for any claims or damages which may be suffered by User(s), including, but not limited to, losses or the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions.

5. Mountain Telephone shall not be responsible for the acts of third parties who may gain access to User(s) computer systems, private, financial, or proprietary information by improper or unlawful means.

6. No agent, employee, or representative of Mountain Telephone has any authority to bind Mountain Telephone to any affirmation, representation, or warranty concerning the services provided by Mountain Telephone.

7. User(s) will indemnify and hold harmless Mountain Telephone, its affiliates, subsidiaries, officers, shareholders, agents, employees, free and harmless from any and all claims, damages, costs, expenses of any kind, judgments, causes of action, attorney fees, litigation and court costs, resulting from the customer’s use of Mountain Telephone Internet Services in any manner, whether directly or indirectly or by any act of omission or commission. Your indemnification will survive any termination of the User Account / Service.
   
   

5. Account Termination Cancellation / Suspension

1. Your violation of this AUP may result in the suspension or termination of either your access to the Internet Services and/or your Mountain Telephone Internet account. Mountain Telephone prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. However, if the Internet Services are used in a way that Mountain Telephone, in its sole discretion, believes violates this AUP, Mountain Telephone may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Internet Services.

2. Upon either voluntary or involuntary termination of your Internet account, Mountain Telephone is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts). Emails will not be forwarded.

3. Mountain Telephone customers have the right to cancel their accounts in accordance with any Dial-Up or DSL Term Agreement that may have been entered into by the customer with Mountain Telephone. If you wish to cancel your Mountain Telephone account, you must contact Mountain Telephone at (606) 743-3121.

4. Mountain Telephone reserves the right to suspend or cancel your account without notice, for non-payment.
   
   

6. Change of Terms, Condition and Services

1. Mountain Telephone reserves the right to alter the pricing, offerings, terms and conditions of the Internet Services at any time.

2. Mountain Telephone reserves the right to modify this AUP at any time. An electronic, online copy of this AUP, which is in effect when posted to the website, is at the following Web address: http://www.MountainTelephone.com/Sub/AUP.html or under the "Acceptable Usage Policy" link. As the account holder, you are charged with the responsibility of checking this page for any updates, and your continued use of Mountain Telephone Internet Services constitutes your agreement to the modified/current version of the AUP.
   
   

7. User Responsibility

1. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (1) to your use of any Mountain Telephone Internet Services, and (2) the communications means by which you connect your terminal, personal computers or other devices to Mountain Telephone Internet Access or to any Internet Services provided by Mountain Telephone.

2. As an authorized user, you are responsible for the security of your passwords and accounts.

3. You are responsible for assuring that the content of your web or similar directory or directories do not violate any law.

4. Mountain Telephone is not responsible for backing up any User(s) data; including personal web page content and emails. Data backup of personal data is the sole responsibility of the customer.

5. Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP.

6. As a Mountain Telephone customer, you are solely responsible for monitoring the usage of your Mountain Telephone Internet account(s), including use by your children.

7. Users that access the Internet through Mountain Telephone must comply with Mountain Telephone's AUP as well as the AUP's of the Network Service Providers whose networks they access.

8. In addition to this AUP, the provisions of all applicable laws apply to your use of Mountain Telephone facilities.
   
   

Modified Last: March 20, 2009

Mountain Telephone
Terms of Internet Services

This Agreement is between you as our Subscriber and Mountain Telephone, and sets forth the general terms and conditions under which you agree to use and we agree to provide the Service. In addition to the terms and conditions described in this Agreement, all Subscribers are also bound by the Mountain Telephone Internet Services Acceptable Use Policy, as amended from time to time, and the Mountain Telephone DSL Waiver and Terms of Agreement, as appropriate.

THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

1. The term of this Agreement will be either month-to-month or for a one or two year term (depending on the Service plan you select) (the "Term"). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement. Your acceptance occurs upon the earlier of: (a) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Equipment; (b) your use of the Service; or (c) your retention of the Software or Equipment we provide beyond thirty (30) days following delivery.

2. From time to time we will make revisions to this Agreement and the policies relating to the Service. We will provide notice of such revisions by posting revisions to the Website Announcements page, or sending an email to your primary email address, or both. You agree to visit the Announcements page periodically to review any such revisions. Increases to the monthly price of the Service shall be effective thirty (30) days after we provide notice to you; revisions to any other terms and conditions shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.

3. You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. You agree promptly to notify Mountain Telephone whenever your personal or billing information changes. You are responsible for all use of your Service and your account, whether by you or someone using your account with or without your permission. You are responsible for the payment of all charges associated with your account.

4. The Service is a consumer grade service and is not designed for or intended to be used for any commercial purpose. You may not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial).

5. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that your line was qualified. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, the condition of your telephone line and the wiring inside your location, among other factors. We and our 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.

6. You agree to pay the monthly fees applicable to your Service, and to pay: (a) applicable taxes, (b) surcharges, (c) recovery fees, (d) telephone charges, (e) activation fees, (f) installation fees, (g) set-up fees, (h) equipment charges, and (i) all other recurring and nonrecurring charges. The taxes, fees and other charges may vary on a monthly basis. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation and installation fees, and equipment charges, will be included in your first bill. Monthly Service recurring charges will be billed one month in advance; any usage charges will be billed in arrears.

7. We may discontinue your Service without notice if Service charges on your telephone bill or charge card are refused for any reason, or if you fail to make payment when due or to provide us with a new charge card expiration date before the existing date expires. If any portion of your bill is not paid by the due date, Mountain Telephone may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice.

MOUNTAIN TELEPHONE IS NOT RESPONSIBLE FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO, LONG DISTANCE AND METERED LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER A DIAL-UP NUMBER YOU HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER ANY CHARGES APPLY. ADDITIONAL CHARGES, WHICH MAY BE SUBSTANTIAL, APPLY TO REMOTE DIAL UP ACCESS, WHICH IS AVAILABLE FROM CERTAIN LOCATIONS ONLY.

Mountain Telephone reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service or any part of it with or without prior notice if we elect to change the Service or a part thereof or if you violate the terms of this Agreement.

YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, MOUNTAIN TELEPHONE HAS THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, ADDRESS BOOK AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU.

8. You acknowledge and agree that Mountain Telephone (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs. You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that Mountain Telephone is not responsible for access by you or any other users to objectionable or offensive content. WE STRONGLY RECOMMEND THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.

9. You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights.

10. WARRANTIES AND LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY MOUNTAIN TELEPHONE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), MOUNTAIN TELEPHONE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "MOUNTAIN TELEPHONE PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY MOUNTAIN TELEPHONE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.

MOUNTAIN TELEPHONE DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF MOUNTAIN TELEPHONE HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR MOUNTAIN TELEPHONE SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY MOUNTAIN TELEPHONE-PROVIDED EQUIPMENT).

MOUNTAI N TELEPHONE DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY MOUNTAIN TELEPHONE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. MOUNTAIN TELEPHONE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

IN NO EVENT SHALL THE MOUNTAIN TELEPHONE PARTIES OR MOUNTAIN TELEPHONE'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF MOUNTAIN TELEPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

THE LIABILITY OF THE MOUNTAIN TELEPHONE PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO MOUNTAIN TELEPHONE FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

11. You agree to defend, indemnify and hold harmless the Mountain Telephone Parties from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Service.

12. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.

13. Mountain Telephone will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.

14. You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
    
    

Modified Last: March 20, 2009