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Select TDS Company: I ArviaTelenhone Comnanv
<br />I. Agreement. This Telecommunications Service Agreement ( "Agreement ") is between Arvig Telephone Company ( "TDS ") with its
<br />principal office at 30965 Second St„ F.O. Box 395 Pequot Lakes, MN 56472 -0395 and City of Pequot Lakes with its office at 4638 Co Rd
<br />11, Pequot Lakes, MN 56472 ( "Customer ").
<br />The Customer hereby agrees to purchase from TDS and TDS agrees to sell the Services ("Set-vices") identified in this Agreement or any
<br />future Amendments agreed to by the parties pursuant to the terms and conditions set forth herein, Amendments are included herein by
<br />reference as integral parts of this Agreement. If Customer wishes to change the Services or add additional Services, Customer and TDS shall
<br />execute an Amendment describing such changes or additions. Unless specifically set forth on any Amendment, if the terms of any documents
<br />incorporated by reference are inconsistent with this Agreement, the terms of this Agreement will control. Customer agrees that the TDS
<br />Internet Services Terms of Service, Internet Services Description, Privacy Policy, and Acceptable Use Policy [together referred to as the
<br />"TDS Internet Terms of Service" J as stated on www.tds.net will apply to any internet Services provided under this Agreement. The TDS
<br />Internet Terms of Service are included herein by reference as integral parts of this Agreement, Further, Customer also agrees to accept the
<br />Google Terms of Service if Customer chooses to use TDS - provided entail service. Customer acknowledges certain duties and obligations of
<br />TDS under this Agreement tray be performed by certain affiliates of TDS.
<br />2. Service Installation: Customer Reauirements and Responsibilities., TDS shall only be responsible for bringing the lines ordered by
<br />Customer to the Customer designated demarcation point at Customer's premises where TDS equipment terminates. In no event shall TDS be
<br />responsible for connecting, installing, or wiring past the demarcation point. Customer agrees and acknowledges that it shall be Customer's
<br />sole responsibility to provide and arrange for all necessary wiring and equipment required to extend dial tone including phone system
<br />programming and any other related wiring or work required to implement the Services. At the time of service installation and during
<br />maintenance and repair, Customer agrees to provide at no charge, access to any equipment, a telephone, a safe working environment and
<br />adequate storage space for a reasonable quantity of replacement parts, electrical power to operate the Services and adequate space in
<br />Customer's premises to house any equipment used in connection with provision of the Services, and shall take all other actions reasonably
<br />required for the performance of Services by TDS under this Agreement. TDS is not responsible for any long distance charges associated with
<br />the use of dial -up Internet services. Customer is responsible for the security of all passwords, equipment or systems that allow access to the
<br />Services provided by TDS. Customer acknowledges that they are responsible for actions on their account perfornied by others who have
<br />acquired Customer's passwords or access to Customer's equipment or systems with or without Customer's knowledge and Custo mer agrees to
<br />pay any charges that are incurred regardless of any claim the Customer may have against third parties based on unauthorized access to
<br />Customer's passwords, equipment or systems. Custorner is also responsible for providuig to TDS accurate, specific address and location
<br />information for all TDS telephone numbers provided (including any and all changes to such information) so that 911 Calls cart be properly
<br />directed to the appropriate PSAP (public safety answering point), if Customer moves the location of its voice service without the approval of
<br />TDS, then 911 calls may not transmit any information, or may otherwise send incorrect address information and/or be directed to the incorrect
<br />emergency services provider, which may result in a delay or failure of emergency services being dispatched to Customer's location.
<br />3. Billing. Compensation to be paid by Customer to TDS for Services provided under this Agreement shall be established at the rate and
<br />terms provided in this Agreement and by local tariff, where applicable. The Customer agrees to pay TDS the contract commitment amount set
<br />forth on page 1 of this Agreement. All invoices are due within 30 days from date of invoice. If allowed under applicable tariff, a late charge
<br />of 1 -1/2% per month, or the highest permissible amount chargeable by law, whichever is less, may be charged on any unpaid balance owcd to
<br />TDS which retrains unpaid for 30 days or more after the date of the invoice. In the event that any action taken by any legislative, judicial or
<br />regulatory body directly or indirectly causes a reduction in revenue or an increase in expenses with respect to the provision of the Services,
<br />TDS shall have the right to increase the amount of Recurring Charges set forth in this Agreement upon 30 days notice. Customer shall Have
<br />the right to terminate this Agreement within 30 days of notice of the change in such Recurring Charges. Customer agrees that any unlimited
<br />service is being provided based on reasonable usage, and that use of the service for auto dialers, long distance dialup access to the Internet or
<br />other information services, call centers, certain switching applications or other high volume calling applications is not permitted and will
<br />entitle TDS to tenminate the Service upon written notice of the violation. TDS reserves the right to monitor Customer's usage to determine
<br />compliance with these limitations. Bundled prices represented oil this Agreement may be billed separately on Customer's bill. The separate
<br />pricing may not be used with any other product or bundled products.
<br />4. Warrantv. TDS WARRANTS THAT THE SERVICES SHALL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER.
<br />EXCEPT WITH RESPECT TO THE FOREGOING WARRANTY, TDS IS PROVIDING ALL SERVICES TO THE CUSTOMER "AS IS"
<br />AND TDS MAKES NO WARRANTY AS TO THE CONTINUOUS OPERATION OF THE SERVICE OR ANY SPECIFIC FEATURE OF
<br />THE SERVICE. ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY
<br />OF MERCHANTABILITY AND THE BQLIED WARRANTY OF FITNFSS FOR A PARTICULAR PURPOSE AND ANY
<br />WARRANTIES ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF
<br />TRADE ARE DISCLAIMED. TDS DOES NOT WARRANT THAT THE SERVICES OR RELATED PRODUCTS WILL MEET YOUR
<br />REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS TO YOUR COMPUTERS, NETWORK, SERVERS AND OTHER
<br />EQUIPMENT OR TO ANY DATA, INFORMATION OR FILES ON ANY OF THEM. CONNECTIONS (SYNC - RATES) ARE RATE
<br />ADAPTIVE AND MAY BE LOWER DUE TO THE LENGTH AND CONDITION OF THE LINE. ACTUAL THROUGHPUT MAY BE
<br />LOWER DUE TO INTERNET CONGESTION, NETWORK UTILIZATION, PROTOCOL OVERHEADS OR OTHER FACTORS,
<br />WHICH CAN NOT BE CONTROLLED BY TDS. IN THE EVENT OF A POWER OUTAGE AT CUSTOMER'S LOCATION OR IF
<br />CUSTOMER'S BROADBAND SERVICE IS DOWN, SERVICES THAT ARE NOT LINE- POWERED (SUCH AS managedlP) WILL
<br />NOT OPERATE AND CUSTOMER WILL NOT HAVE ACCESS TO EMERGENCY SERVICES SUCH AS 911,
<br />Page 2 of 5 Date Revised: February 2012
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