TELPAGE ACCEPTABLE USE POLICY

1.      The services provided for under this agreement shall begin with activation of your account and remain in effect for the duration thereof.

2.     The sales quoted in this agreement are guaranteed for the term paid for in advance, but are subject to change at any time.  Telpage will notify clients via e-mail thirty (30) days prior to an effective change in rates.

3.      Telpage reserves the right to modify the service terms, standard rates and operating procedures, to establish usage priorities, and to discontinue all or any part of the provided services at any time.

4.      Customer may terminate this agreement at any time by providing notice to Telpage. Account balances will not be refunded. For your protection, all cancellation requests must be submitted in writing via facsimile or postal mail. Please include the following on your documentation login ID, password and account number for the account; the name, address and phone number of the account owner; a signature of the owner (or a designated representative); company letterhead (if a business account). Please also include a brief reason for cancellation and the effective date of the cancellation. A cancellation specialist will contact the owner (or representative) of the account to confirm the cancellation request upon receipt.

5.       All services and materials are provided on an “as is” basis.  There are no warranties express or implied.  Telpage is not responsible for any damages that loss of services may cause.

6.        Telpage does not accept any responsibility for content of our services.  We strongly encourage that minors (children under 18 years of age) be supervised when using our service.

7.      Both parties agree to accept electronic mail as legally binding documentation for billing and notification purposes.

8.      Telpage may be used only for lawful purposes.  Transmissions or storage of any material in violation of any U.S. or state law or regulation is prohibited, including but not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret, patent or copyright.

9.       Customer agrees to comply with the applicable rules and terms of any service or network accessed through Telpage. See TELPAGE INTERNET ACCESS RULES AND TERMS OF SERVICE at bottom of this page.

10.  To the extent permitted by State and Federal law, customer agrees to indemnify and hold harmless Telpage from any claims resulting from the Customer’s use of the service.

11.   Telpage will not monitor or regulate the context of information or data passing through or temporarily stored on its system, except under court order or where reasonable suspicion of legal violation exists.

12.     Telpage reserves the right to bring the system down at any time for service or upgrades. E-Mail notification will be given in advance whenever possible.  Service and upgrades will be scheduled during off peak usage.

13.   This agreement will be performed in and governed by the laws of the Commonwealth of Virginia.  Any claims or causes of action arising out of or related to this agreement must be Instituted within one (1) year after the claim or cause of action has arisen or be barred.  A claim or cause of action shall arise the breach, act or omission creating the claim or cause of action occurs, regardless of the parties knowledge of such breach, act or omission.  All disputes will be settled by arbitration.  If arbitration cannot provide satisfactory agreement then any legal fees incurred by the prevailing party will be paid by the losing party.

14.   Customer will provide all hardware necessary to access Telpage, including but not limited to, computers, modems, and telephone lines.

15.  Customer is responsible for all telephone charges incurred when connected to Telpage Internet services. Customer is solely responsible for determining whether the access number used is subject to any additional charges. It is the customer's responsibility to contact their telephone company to determine whether the access number selected is subject to additional charges. Customer agrees to pay any charges incurred by using a long distance telephone number to connect to Telpage, including those that may be billed by a third party. Telpage will not reimburse customer for any charges incurred as a result of selecting an access number that is subject to additional and/or long distance charges.

16.   Telpage will assist the Customer by apprising them of the current required hardware and software at the time of initial setup.  Telpage will provide software for accessing the Internet, as required.

17.   Customer is responsible for implementing sufficient procedures and check points to satisfy its requirements for accuracy and security of data and access codes.  Customer is also responsible for maintaining a means external to Telpage for archiving Customer’s critical data.

18.  Telpage will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of Telpage itself.

19.   Customer agrees to protect and treat as confidential all access codes, passwords, and proprietary information provided by Telpage for access to its system.  Customer will be held responsible for all acts/communications initiated or authorized by its account ID.  If you believe your access LoginID password has been compromised, notify Telpage by e-mail or telephone immediately.

20.  Telpage will not be responsible for service interruptions, including but not limited to acts of God, service interruptions by its suppliers, or modifications to the Customer’s system by the Customer or a third party.

21. Telpage will make a reasonable effort to respond to requests for support, however technical support is not implied under the terms of this agreement.

22.  If method of payment is by credit card, customer’s signature authorizes Telpage to debit customer’s credit card account on a periodic basis as indicated at signup.

23.  Accounts are in default if payment is not received by the renewal date noted on the invoice. If customer payment is returned to us unpaid, the customer is immediately in default and subject to a returned check or failed credit card charge of $25. Accounts in default may have their service interrupted. Such interruption does not release the customer from the obligation to pay the account charges. Only a written request to terminate the service relieves the customer of the obligation to pay the account charges. A $10 reconnect fee plus any past due charges are required to reestablish an account.

TELPAGE INTERNET ACCESS RULES AND 
TERMS OF SERVICE

Use of Services: Subscriber is expressly prohibited from reselling and/or redistributing any services offered by Telpage under this agreement. Subscriber is prohibited from hosting any web site on this network. Subscriber agrees that its use of the services herein shall not infringe upon the use by other subscribers of Telpage network. Subscriber is prohibited from sending unsolicited advertising or promotional materials to Telpage subscribers and to other mail accounts outside of the Telpage network. Telpage mail services are not to be used for the purpose of commercial bulk emailing. Commercial bulk emailing will result in the immediate termination of services. Should Subscriber violate any provision of this section, Telpage at its sole discretion may immediately suspend services to Subscriber and terminate this agreement. Telpage shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision nor shall Telpage have to refund any payment for unused services.

Abuse of Services: Any use of the Telpage system that disrupts the normal use of the system for other Telpage Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computational, information, or communication devices or resources of others is a violation of this agreement. The use of Telpage's services by Subscriber to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) by Subscriber is a violation of this Agreement. Any Subscriber deemed by Telpage to be in violation of this section is subject to immediate termination by Telpage. Telpage shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision nor shall Telpage have to refund any payment for unused services.

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