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5. Limitation of Liability. TDS SHALL NOT BE LIABLE IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR
<br />OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING,
<br />BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF THE USE OF THE SERVICE, LOSS OF DATA, CUSTOMER'S
<br />INABILITY TO USE THE SERVICE, INTERRUPTIONS OR CLAIMS BY THIRD PARTIES. THE PARTIES AGREE THAT TO THE
<br />EXTENT PERMITTED BY APPLICABLE LAW, TDS LIMITS LIABILITY RELATED TO THE PROVISION OF SERVICES TO THE
<br />AMOUNT PAID BY CUSTOMER IN THE PREVIOUS TWELVE (12) MONTHS FOR SERVICES GIVING RISE TO, OR WHICH ARE
<br />THE SUBJECT OF, THE CLAIM WHETHER SUCH CLAIM ALLEGES BREACH OF CONTRACT, OR TORTIOUS CONDUCT
<br />INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR ANY OTHER THEORY. TDS SHALL HAVE NO LIABILITY OR
<br />RESPONSIBILITY TO CUSTOMER FOR ANY OMISSION OR ERROR WITH RESPECT TO CUSTOMER'S TELEPHONE
<br />DIRECTORY LISTINGS.
<br />NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PROVISION OF SERVICES OR ITS PERFORMANCE MAY BE
<br />BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
<br />6. Insecurity of the Internet. CONNECTION TO THE INTERNET CREATES INSECURITY. Security and disruption problems are
<br />inherent in the Internet. The very openness of the Internet creates risks that the Internet is insecure, and vulnerable to both intentional and
<br />unintentional disruption. Security breaches can occur for technical and other reasons, and, despite the implementation of security measures,
<br />we cannot guarantee that our networks are not vulnerable to unauthorized and illegal access, computer viruses and other disruptive problems.
<br />Our ability to provide our services depends in part on the reliability of the Internet and the networks of our partners, and our services can also
<br />be negatively affected by limitations inherent in the technology infrastructure supporting the Internet and the internal networks of Internet
<br />users. Customer must provide adequate information security for their own networks by using appropriately complex passwords, firewalls, and
<br />updated anti -virus and anti- spyWare software.
<br />7. Default. An event of default ( "Event of Default ") shall occur upon the occurrence of all or any one of the following events: (a) tine
<br />Customer does not pay when due any invoice; (b) the Customer ceases doing business as a going concern; (c) the Customer makes an
<br />assignment for the benefit of its creditors or admits in writing to its inability to pay its debts as they become due; (d) the Customer files, or has
<br />filed against it, a petition in bankruptcy or for its reorganization, arrangement, composition or readjustment under any state insolvency law or
<br />the Customer liquidates all or a substantial part of its assets not in the ordinary course of its business, dissolves or takes other similar action;
<br />or (e) the Customer shall default in the performance of any of its obligations to TDS or any assignee arising under this Agreement, or any
<br />other agreement between the Customer and TDS and such default is not cured within 30 days of TDS providing notice of saute, unless
<br />prohibited by relevant federal, state or local law,
<br />S. Remedies. Upon the occurrence of an Event of Defardt, unless prohibited by relevant federal, state or local law, TDS may, at its option
<br />and without notice or demand, exercise all or any one or more of the following remedies: (a) declare inrnrediately due and payable all invoices
<br />and all other sums due, including termination charges, or to become due hereunder or under any other agreement between the Customer and
<br />TDS; (b) terminate all of its obligations arising under this Agreement, and any other agreement between Customer and TDS; (c) enter the
<br />Premises Where any of TDS' equipment is located and repossess all or any part of the equipment; (d) offset any amounts due TDS under this
<br />Agreement against any amounts TDS or any of its affiliates owes the Customer (or the Customer's affiliates) under any other agreement; or (e)
<br />exercise all other legal and equitable remedies which TDS may have. The foregoing remedies shall be deemed cumulative and may be
<br />exercised successively or concurrently as permitted by law.
<br />9. lnterruntion of Services. For any interruption of Service that is not due to negligence or non - compliance with any term or condition of
<br />this Agreement by Customer or the failure of operation or malfunction of facilities, power or equipment provided by the Customer, Customer
<br />will be entitled to a credit against the monthly Recurring Charge for such Service. Service will be deemed to be interrupted from the time
<br />TDS receives notice from Customer that the Service is not working until the time the Service is working. Unless provided otherwise by law or
<br />tariff, credits shall be calculated on the basis of a 30 -day month and shall be credited upon Customer request against the ntonthl Recurring
<br />Charge for such Service as follows:
<br />• First 30 minutes: none
<br />• 30 minutes to 3 hours: 1110 day
<br />• Each additional 3 hour period (or fraction thereof): 115 day
<br />If the duration of the outage is more than 24 hours, then the credit shall be the daily pro -rated amount of the Customer's monthly Recurring
<br />Charge for the applicable Service for each day thereafter, in an aggregate amount not to exceed the monthly Recurring Charge for such
<br />Service. Credits under this provision shall be the Customer's sole remedy and TDS' sole liability for any Service outage.
<br />10. Sunnort.. The following outlines TDS support boundaries and procedures for TDS Internet connectivity and access.
<br />10.1 Warr an . Internet access equipment and/or Polycomo telephone sets purchased or leased from TDS is hilly supported per the
<br />manufacturer's warranty period (individual manufacturer's warranties vary; check specific manufacturer for the warranty period).
<br />Extended warranty support programs may be available through TDS. Equipment leased or purchased from third party vendors,
<br />including vendors recommended by, are neat supported by TDS.
<br />10.2 Boundaries.
<br />10.2.1 Purchased Equipment from TDS — The boundary is the Ethernet port on the router. Please note that the inside wiring
<br />between the Network Interface Device (NID) and the equipment is not supported.
<br />10.2.2 Customer Provided Equipment — The boundary is the Network Interface Device (NTD). When TDS is able to verify circuit
<br />integrity the support boundary is met.
<br />Page 3 of 5 Date Revised: February 2012
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