RGV DSL SERVICE CONTRACT TERMS & CONDITIONS

Rockbridge Global Village

312 South Main Street, Lexington, VA 24450

Phone: 540-463-4451 Fax: 540-463-4451 ext. 104 www.rockbridge.net

TERMS and CONDITIONS

1. This agreement is made and entered into by and between RGV and the Customer, and shall become effective when signed by both parties and shall continue in effect for the length of time that is stated on this agreement.

2. RGV will provide the Service (as set forth in paragraph 3 below) provided herein to the Customer upon the terms and conditions specified herein and at the rates and charges specified in the Schedule of Rates and Charges listed herein.

3. DSL Service is a digital data telecommunications service that consists of one permanent virtual circuit between Customer’s premises and the servicing wire center. The maximum throughput rate depends upon such factors as the distance from your premises to the servicing wire center, and the quality of the copper telephone line serving Customer premises.

4. Service shall be available to the Customer, however Service may be temporarily unavailable due to limitations caused by acts of nature, equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper or improved operation of the Service.

5. RGV will make reasonable efforts to provide at least 3 business days advance notice through e-mail before outages for scheduled maintenance.

6. RGV ‘s sole liability to the Customer for loss or damages arising out of the course of furnishing the Service due to RGV negligence and not caused by the negligence of the Customer is as follows:

· A credit allowance will be made, at the Customer’s request, in the form of a pro rate adjustment of the fixed monthly charge(s) billed to the Customer.

· Such credit allowance will be based upon the period of time during which the said loss or damage resulting from said negligence in the Service occurred.

· In no case will credit exceed the fixed monthly charges and RGV has no other liability for such negligence in the Service.

· RGV will not be liable for Service interruptions or delays in transmission, errors or defects in Service due to acts of god, fire, war, government authorities or other causes beyond RGV’s control.

7. Service is furnished to the Customer for any lawful purpose, and RGV is not responsible for any other use.

8. Upon non-payment of any sum due RGV, or upon a violation of any of the conditions governing the furnishing of Service provided herein, RGV may, by notice to the Customer in writing, telephone communication, or via e-mail, without incurring any liability to the Customer, either temporarily discontinue or permanently terminate the Service to the Customer at RGV’s sole discretion, either in part or in whole, except otherwise mandated by applicable law.

9. Service to the Customer may be refused, discontinued or terminated without notice in the event the Service is used in such a manner that will adversely affect RGV Service to any of its other Customers or if it is determined by RGV that the Customer use of the Service adversely affects RGV’s reputation.

10. Customer is responsible for the maintenance and non-damaging use of RGV’s equipment, unless Customer has fully paid for such equipment.

11. If Customer damages equipment owned by RGV, Customer will be responsible to RGV for the full cost of such equipment.

12. Customer agrees to pay RGV for the use of Service at the rates and charges specified herein, including all applicable fees and surcharges.

13. RGV reserves the right at time of renewal to change rates and charges.

14. When customer requires financing, and in the event financing is refused by RGV, Customer will make other arrangements to pay for the equipment in one payment to RGV.

15. In the event Service is terminated due to unavailable financing or lack of payment for equipment, deposits will be returned to the Customer, less fees incurred by RGV as a result.

16. If this agreement is ended by the Customer or is discontinued for the failure to pay for Service, the Customer will pay an early termination fee as stated in this agreement.

17. The early termination fee is not pro-rated and must be paid within 30 days of disconnect.

18. The equipment sold under this agreement is not insured by RGV. In case of loss, theft or damage, the Customer is responsible for the replacement of the equipment.

19. No failure on the part of either party hereto to exercise, and no delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof.

20. This agreement, including the Service application and schedule of rates, supersedes all prior discussions and agreements between the parties with respect to this Service.

21. This agreement shall not be modified or amended except by an instrument in writing signed by or on behalf of both Customer and RGV.

22. Customer acknowledges that the equipment purchased hereunder is warranted only by the manufacturer and not by RGV.

23. RGV only warranties installation if performed by RGV and only if account is in good standing, with equipment being paid for in full by Customer, unless equipment is being financed by RGV.

24. RGV extends credit to its Customers without regard to a Customer’s race, nationality, age, sex, color, religion, marital status, or the fact that the Customer receives public aid. Within those bounds, RGV has a right to guard against loss by extending levels of credit based on objective and consistently applied criteria such as the applicant’s past willingness to pay as shown on their previous credit history or previous payment history with RGV.

25. Certain policies concerning deposit requirements for Service and/or equipment are necessary to serve all new customers fairly. Some Customers may be required to provide an initial deposit in accordance with RGV’s credit policy.

26. Any Customer whose account becomes past due on more than one occasion in a consecutive 12 month period, whose Service is suspended for non-payment or whose payment history suggests the need for additional security, may be required to pay an initial deposit.

27. At the sole discretion of RGV, deposits may be refunded to Customers who demonstrate a satisfactory payment history for 12 consecutive months. When an account is closed, Customer deposits will be held an additional 60 days and then will be applied to the final amount due, and the Customer will be refunded any credit balances.

28. Invoices are mailed approximately every 30days. Invoices are due and payable upon receipt and should be paid on or before the due date, which is normally 20 days after mailing.

29. Reminder calls or e-mails may be made if payment, in full, has not been received 5 days after invoice due date.

30. Customer’s service may be suspended and/or terminated if Customer has provided false or unverifiable information on the Service agreement or any related credit application.

31. Customer’s service may be suspended and/or terminated if Customer has acted to defraud RGV.

32. Customer’s service may be suspended and/or terminated if Customer is engaging in, or has engaged in, abusive or harassing behavior toward the agents, employees or other Customers of RGV.

33. Customer’s service may be suspended and/or terminated if Customer’s Service is subject to fraudulent and/or misleading activities.

34. Customer’s service may be suspended and/or terminated if Customer has not paid all charges owed to RGV.

35. Customer is subject to a warrant in debt and collection fees assessed, including termination or disconnect fees, upon early termination of contract.

36. Unless otherwise specified, billing will occur once monthly (every 30 days) and balances due shall be paid within 20 days of invoice. Service is subject to suspension and/or termination if payment is delinquent.

37. All billing is calculated monthly and is payable in advance.

38. Balances which remain unpaid on the next billing date may accrue late payment charges at the highest rate permitted by law.

39. A fee of $25 will be charged for all returned checks. (subject to change)

40. Accounts, which RGV deems to be not collectible, may be reported as bad debts to certain credit reporting agencies. In addition, if RGV refers your account to an attorney or agency for collection under applicable law, customer will be responsible to pay all collection costs, including reasonable collection agents and/or attorneys fees, along with interest.

41. Immediate cash and credit card refunds are only given with original receipts and for equipment returns only, and as long as return takes place within 5 days of purchase and equipment is not damaged or used. Refunds for equipment paid by check will be issued by mail. No service refunds will be issued by check, credit only will be applied to account and only upon the approval of RGV company officer.

42. Unless either RGV or the Customer terminates Service in writing, this contract will extend under these terms, conditions, and rates on a month-to-month basis at the conclusion of the term indicated above.

First monthly payment is due at the time contract is executed, which is the first day service is active on the selected service line. RGV’s on-site consulting and networking fees are $55 per hour, which if used are billed separately from the contract.

**Contract duration must be met in full and customer must abide by the guidelines set forth in the terms and conditions of this contract. A fee for early termination of contract will be calculated at six full months of service selected, payable upon the termination of contract. All rented equipment must be returned on that date, in good and working condition along with original packaging, or the retail cost of that equipment will be payable at that time as well.

Customer’s signature on contract acknowledges that Customer has read and understands the terms and conditions stated above, and agrees to those terms. Customer authorizes any person or consumer-reporting agency to compile and furnish RGV or its appointed affiliates with any pertinent information in response to any appropriate inquiry from RGV.

Customer certifies that the information provided herein is accurate and true and that any falsification will result in automatic denial of service. Customer understands that by authorizing an alternate billing address, Customer may not receive monthly billing statements and may not be aware of balances owed on their account, this shall not exempt Customer from liability for the account.

Actual performance may vary due to conditions outside of RGV’s network control. These conditions may include variables such as customer location, physical equipment limitations, network congestion and server and router speeds of web sites accessed, inside wiring, or telephone line conditions.