This Terms of Service (this "Agreement") is entered into by and
between a subscriber ("you," "your" or "Subscriber") and Telecom Evolutions, LLC dba DSL Extreme ("DSL Extreme," "us" or "we") and sets forth the terms and
conditions upon which we agree to provide and you agree to use certain Services
(as defined below). You are deemed to have accepted this Agreement upon the
earliest of: (a) your submission of a Services Order; (b) your affirmative
acceptance of the Agreement electronically during the Services ordering
process; or (c) your use of the Services. This Agreement includes and
incorporates the terms and conditions of our Acceptable Use Policy, Privacy
Policy, and other materials specifically referenced in this Agreement, all of
which can be located at http://www.dslextreme.com/termsconditions
1. THE SERVICES.
DSL Extreme provides certain Internet based services, such as
broadband connectivity and email, as well as customer support and account
management services. The specific Services and speeds of those Services that
will be provided to you under this Agreement are set forth in your Pricing
Schedule and/or the Services Order you submitted.
The Services may be provided through or supported by a third
party telecommunications provider, which retains the right to cancel or modify
the Service before or after installation at its sole discretion at any time.
Although pre-qualification provides a good measure of certainty regarding
Service availability, it is not a guarantee of Service.
The Services are provided on a best-effort basis and circuit
uptime is not guaranteed. The Services do not include a provision for credits
for any down time. If you require a connection with a Service Level Agreement
(SLA) that defines procedures and credits for down time, please contact us
about alternative services that may be available to you such as T1, dedicated
Your Internet connectivity speed will vary depending on the plan,
line capabilities (e.g., loop length, line condition, gauge of copper wire and
phone company provisioning), your distance from the local service provider's
central office, Internet congestion, the upload and download speed of your
destination server, and many other factors. The maximum speed is stated under
optimal conditions and may vary significantly. Speeds are subject to a 20%
overhead (e.g., 768k stated speed = 768k times 80% throughput = 614k actual
speed). All circuits are provisioned at the highest attainable speed rate for
their specific line and come with no minimum speed guarantees. At present,
we do not cap or limit any bandwidth or downloads, but reserve the right to
change this policy if we determine to do so, in our sole discretion, or if our
telecommunications provider imposes such limits or requests that we impose such
2. SUBSCRIBER INFORMATION AND REPRESENTATIONS.
In most cases, the Services are provided either as a 'Residential
Service' or 'Business Service' depending on how it is to be used. You must
choose the type of service during the ordering process. By ordering
Residential Services, you are representing that the Services provided to you
under this Agreement will not be used substantially for business.
Residential Services are intended to be used only for
personal/family use and are not to be principally used by a business
organization in its operations (although it is recognized that from time to
time individuals may use residential Services in connection with their
employment by a third party employer and such use, if not a substantial use of
the Services, shall not constitute a 'Business Service'). If at any time it is
determined by us that you are using the Residential Services as a 'Business
Service,' you will be responsible to pay additional charges and fees applicable
to those Services, including any termination charge that may apply if such
Business Services are not available.
Similarly, if you improperly order Residential Service for a
business location and this is identified, you will be liable to pay additional
fees applicable to those different services as well as potential termination
In ordering and using the Services, you represent that you are at
least eighteen (18) years of age, have the legal capacity and authority to
enter into this Agreement and affirm that any information you supply to us is
correct and complete. You understand that DSL Extreme relies on the information
you supply and that providing false or incorrect information may result in
Service delays or the suspension or termination of your Service. You agree to
promptly notify DSL Extreme whenever your relevant personal or billing
information changes, including without limitation, your name, address,
telephone number, and billing/payment account, including any applicable credit
card number and/or expiration date. Your Services may be suspended and
late fees or reconnect fees may apply if your payment account information
3. TELECOMMUNICATION PROVIDERS.
The application of certain terms and conditions within this
Agreement vary depending on whether the underlying phone line or circuit for a
Subscriber is AT&T (an "AT&T Subscriber"), Verizon (a "Verizon
Subscriber"), or Covad (a "Covad Subscriber"). DSL Extreme breaks out each
phone line or circuit for a Subscriber by Networks. A Subscriber in "Network 1"
or "Network 2" or "Network 18" is an AT&T Subscriber, a Subscriber in
"Network 3" or "Network 8" or "Network 19" is a Verizon Subscriber, and a
Subscriber in "Network 4" is a Covad Subscriber. In addition the terms within
the Agreement may vary depending on whether the phone line or circuit for a
Subscriber is provisioned over a phone line with active phone service (a
"Lineshare Subscriber") or over a phone line without active phone service,
commonly referred to as dry loop or standalone DSL, (a "Direct Subscriber").
4. GENERAL PRICING AND FEES.
DSL Extreme's prices are shown in the applicable Pricing Schedule
and you will be charged based on the Plan and Options selected during the
ordering process. If you are a new subscriber to the Services, you may qualify
for certain promotional pricing. Promotional pricing will not be available if
you change the speed of your ordered Service or connection type after the
initial order. If you selected a "Month to Month" Plan, if available, you will
initially be charged the monthly price(s) listed on the Pricing Schedule
corresponding to your chosen Plan and Options. However, these monthly prices
are subject to increase to DSL Extreme's general then current prices at any
time. If you selected a "1 Year Contract" Plan, you are deemed an "Annual
Subscriber" and will pay the monthly price(s) listed on the Pricing Schedule
corresponding to your chosen Plan and Options. As an Annual Subscriber, such
price is fixed for the initial twelve (12) month term. In that event, following
the initial twelve (12) month term, your Services will continue on a
month-to-month basis at our current general price for such Services, and such
prices may be increased as described above, unless you register for a new "1
Year Contract" Plan at such time, if available. In addition to regular fees set
forth in the Pricing Schedule, you will be charged and agree to pay all other
applicable taxes, network usage charges, surcharges, and fees including charges
imposed against DSL Extreme by third party providers that it passes on to you.
The taxes and surcharges may vary on a monthly basis for both month-to-month
and Annual Subscribers; any variations will be reflected in your monthly
charge. The taxes and fees presently applicable to the Services are set forth
5. SETUP AND ACTIVATION FEES.
If you are a month-to-month Subscriber, a non-refundable setup
fee will be applied unless otherwise stated in the applicable Pricing Schedule
or Order, as follows:
• sixty dollars ($60.00) in the case of Verizon Subscribers
• one hundred dollars ($100.00) in the case of a Covad Subscriber
• one hundred ninety-nine dollars ($199.00) will be charged to all AT&T Direct Subscribers
6. PAYMENT, LATE FEES AND OTHER CHARGES.
Unless set forth in writing, there is no money back guarantee for
any Services. There are no pro-rated refunds for unused time, including for
pre-paid plans. Unless otherwise stated in the Pricing Schedule, we will invoice and charge you monthly on the day your bill is due. All payments are processed electronically, so you
must provide us with a valid credit or debit card and keep such information
updated. If your payment fails to process at any time during this Agreement,
DSL Extreme may deny, discontinue or otherwise suspend your Service until full
payment is received. You are still responsible for paying any applicable fees
while Services are suspended due to non-payment. All accounts suspended for
non-payment are subject to a ten dollar ($10.00) re-activation fee.
You must provide notice of any disputed charges within sixty (60)
days from the date of such charge together with sufficient information and
detail for us to be able to evaluate the dispute—no dispute can be made with
regard to such charges after expiration of such time period. Any account which
goes into collection status will be transferred to a collection agency and
incur a twenty-five dollar ($25.00) processing fee and other applicable fees
and charges, as imposed by the collections agency. You agree to pay a
twenty-five dollar ($25.00) service charge on all returned checks, disputed
credit cards, and credit card chargebacks. Past due accounts will accrue a
monthly charge of one and one-half percent (1.5%) of the past due balance or
one dollar ($1.00), whichever is greater.
We require each AT&T Direct Subscriber to use our supplied Internet equipment (DSL modem) with the Services. Use of a third-party modem will not be supported. You will have the option to either (a) purchase a modem for a non-refundable fee or (b) lease a modem for a monthly lease fee, which amount is subject to change by DSL Extreme.
At your option, we will provide you a DSL modem lease if you are an AT&T Lineshare, Verizon or Covad Subscriber, or you may elect to supply your own modem. Any modem we supply must be ordered at the time of ordering Service. A shipping and handling fee of fourteen dollars and ninety-five cents ($14.95) is applied for all modems we provide. A one-time California use tax is required in California for all modems.
Purchased equipment is warrantied from manufacturing defects for a period of one year from the date of purchase. Should a field technician or support representative determine that your modem does not function correctly and you are within one year of your modem purchase date, we will replace the modem with a comparable at no cost to you other than applicable field technician dispatch fees. Purchased equipment is only warranted at the speed and location of your initial order. Should you make any changes to your account including but not limited to moving your service, upgrading your service or requiring a reconnect of your service for any reason you may be required to purchase or lease new equipment.
If a Subscriber supplies his or her own modem according to the preceding paragraph, the Subscriber assumes the risk of service incompatibility. Incompatible Subscriber modems or other Subscriber equipment shall not relieve you from any of your obligations under this Agreement while troubleshooting defective or incompatible equipment even if your Service is down during such periods.
If you choose to lease the modem, you must return to DSL Extreme the complete modem kit in a useable condition at your expense within thirty (30) days of termination of the Service. If you fail to return the modem kit in working condition during that period, you agree to pay ninety-nine dollars and ninety cents ($99.90) plus applicable taxes to purchase such modem. If any returned equipment is damaged through apparent misuse or neglect, as we determine (example, having signs of being exposed to water, excessive heat or other physical abuse), you agree to pay any charges assessed to cover the replacement.
If we determine that any leased equipment is failing to function correctly, we will replace components as deemed necessary at no additional cost to you. We will ship replacement parts and you are expected to return failed components within 30 days with the pre-paid return label we will provide. Failure to return the failed components within 30 days will result in a charge of ninety-nine dollars and ninety cents ($99.90) plus applicable taxes being applied to your account.
DSL Extreme supplies a single port DSL bridge modem with the Modem lease described above. The DSL bridge modem does not have wireless capabilities built in. Should you wish to connect multiple computers to your Internet connection (wired or wirelessly) you may do so by connecting a third party router to the DSL modem provided to you. DSL Extreme does not provide support for router(s) or any third party equipment. If your router(s) or any third party equipment are not compatible with the Service it does not relinquish you from your obligations under this Agreement, and you remain responsible for monthly service fees, Early Termination Fees and all other fees, charges and other obligations provided for in this Agreement should you choose to terminate service.
This Agreement is effective as described above and shall continue
until such Services are terminated by you or us pursuant to this Agreement. DSL
Extreme is not responsible to notify an Annual Subscriber upon expiration of
any annual plan. It is the responsibility of each Annual Subscriber to know or
confirm when the applicable annual plan expires.
9. TERMINATION BY SUBSCRIBER.
You may terminate this Agreement at any time for any reason by
providing DSL Extreme with thirty (30) days written notice requesting
termination of Services. You are still responsible to pay all fees and other
charges accrued or otherwise payable under the terms of this Agreement. The
thirty (30) day period begins on the date on which DSL Extreme receives your
valid written termination request. A monthly Subscriber's termination will be
effective on the later of (a) the end of last day of the calendar month during
which such thirty (30) day period ends (e.g., a valid written termination request
received by DSL Extreme any time during January will result in termination
effective at the end of February) or (b) the end of last day of the calendar
month requested by the Monthly Subscriber. An Annual Subscriber's termination,
if received by DSL Extreme at least thirty (30) days prior to the end of the
twelve (12) month term, will be effective at the end of such twelve (12) month
term, or such earlier date as the Subscriber requests, and such Annual
Subscriber must pay, in addition to all fees and other charges accrued or
otherwise payable under the terms of this Agreement, an early termination fee
equal to the lesser amount of two hundred and fifty dollars ($250.00) or the
amount that would otherwise be payable through the end of the annual plan ("Early
Termination Fee"). In the event an Annual Subscriber terminates this Agreement
prior to the end of the initial twelve (12) month term because of a
service-related problem not caused by the Subscriber that DSL Extreme has
failed to cure after what DSL Extreme determines in its sole discretion to be a
reasonable amount of time based on the circumstances, the Subscriber is
entitled to a waiver of the Early Termination Fee. For clarity, problems with
inside wiring is not considered a service-related problem under the preceding
sentence. For such waiver to apply, the reason for the waiver stated above must
have occurred before termination and the Subscriber must report such reason for
termination to DSL Extreme in its valid written termination request. DSL Extreme
must in turn be given the opportunity to resolve the problem and the Subscriber
must be willing to troubleshoot with DSL Extreme as well as be available for
and authorize and pay for the dispatch of a network provider technician. DSL
Extreme does not monitor Subscriber accounts for activity, and absence of
activity or cancellation of a Subscriber's telephone line will never constitute
a termination request with respect to the Services. A written termination
request is valid only if it includes your phone number, main username, date you
wish the service to be cancelled and the reason for canceling. It must be
submitted to us using one of the following methods:
1. Online at http://www.dslextreme.com/cancel/
2. Via fax at 818-206-0326
3. Via mail to:
Attn: Cancellation Department
9221 Corbin Ave, Suite 260
Northridge, CA 91324
10. TERMINATION BY DSL EXTREME.
If, in our sole discretion, (a) you are in breach of any of the
terms of this Agreement (including for non-payment) or the Acceptable Use
Policy or any other policy incorporated herein; (b) you use the Services in a
way that is prohibited by law or that is disruptive to, adversely impacts or
causes a malfunction to the Service, our servers or other equipment, or the use
and enjoyment of other users; (c) you act in an abusive or menacing manner when
dealing with DSL Extreme's technical support staff, customer service staff or
any other DSL Extreme employees or representatives; (d) we receive an order
from a court to terminate your Service; or (e) DSL Extreme for any reason
ceases to offer the Service, then DSL Extreme at its sole election may
terminate or suspend your Service immediately without notice. For a termination
in accordance with this paragraph, you remain liable for all unpaid fees and
other charges accrued or otherwise payable under the terms of this Agreement,
including without limitation the Early Termination Fee and equipment charges
set forth herein, if applicable, provided the Early Termination Fee will not
apply if we terminate the Service in accordance with subparagraph (e) for no
reason or default by you.
11. TERMINATED SUBSCRIBER.
We may, in our sole discretion, refuse to accept your request or
application for renewal or resubscription following a termination or suspension
of your Service. If your Service is terminated for any reason, you may, upon
approval by DSL Extreme, submit a new order and enter into a new Agreement and
must pay a new setup or activation fee. In addition you still remain
responsible for any applicable charges and fees including any applicable
termination fee. Any remaining balance and fees from your original agreement
must be paid prior to reconnecting service. Upon termination of your account or
your use of the Service, we have the right to immediately delete all data,
files and other information stored in or for your account without further
12. EASY ISP CHANGE FOR AT&T & VERIZON SUBSCRIBERS.
Completing the AT&T or Verizon ISP change form authorizes
AT&T or Verizon to terminate DSL service with your current Internet service
provider and further authorizes AT&T or Verizon to establish DSL service
with DSL Extreme. Opting to use the ISP change process will reduce or eliminate
the amount of downtime that you may experience when switching from your current
Internet service provider to DSL Extreme. Most Subscribers experience less than
twenty four (24) hours of downtime during this process but overall downtime can
be between zero (0) and four (4) business days. You are responsible, and you
hold DSL Extreme harmless, for any and all early termination, cancellation or
other fees, charges or obligations resulting from your change of Internet
Unless you request otherwise, we will work to provide you the
earliest available installation and activation date. Any installation date we
provide to you is only an estimate and is not a guaranteed installation date.
You agree that circumstances may arise which delay installation or activation
and any such delay will not be considered a breach of this Agreement by DSL
Extreme. Payment for your initial month's service (and if applicable: setup
fees, installation fees, and equipment) must be received prior to your
activation date in order for your setup instructions and IP information to be
released to you. If your payment is not received by your activation or turn-on
date, you will be responsible for the Service fees even though your IP and
setup information has not been provided to you. Your computer must be equipped
with an Ethernet Network Interface Card (NIC) for proper DSL operation. DSL
Extreme does not include a PCI NIC as part of the modem package.
Self-installation, if available, allows a Subscriber to
self-install the necessary equipment. This option provides service to the
minimum point of entry ("MPOE") of your residence or office. Your MPOE is
normally located outside your building. Inside wiring and inside wiring repair
is not included with this option. If inside wiring or inside wiring repair is
required, you must contract with a third party professional for such work at
your own cost. Faulty inside wiring is not grounds for cancellation of your
contract. Multi-line phones, phone systems, alarm system or special phone
configuration may require a professional installation or special multi-line
phone filters. DSL Extreme does not provide nor is responsible for any special
equipment including but not limited to a POTS splitter or multi-line phone filters.
A required professional installation, need for special equipment in order to
establish a connection or an incompatible phone line or phone system is not
grounds for cancellation of the Services or this Agreement.
If self-installation is not available or a professional
installation is required, installation personnel will need to be dispatched to
your premise to complete the professional installation. A professional
installation fee of one hundred ninety-nine dollars ($199.00) will apply in the
case of an AT&T Lineshare Subscriber or AT&T Direct Subscriber, unless
otherwise stated in the applicable pricing schedule. A professional
installation includes configuring the DSL modem for service. If necessary, the
technician may perform up to one hour of inside wiring work, including the
installation of a new jack or new wiring for any Services. If additional inside
wiring work is required, you agree to pay one hundred dollars ($100.00) per
each additional hour, billed in one hour increments. DSL Extreme does not
warranty any inside wiring work and engages independent contractors to perform
such work. You agree that any such technician or other person dispatched to
troubleshoot your line is not an employee or agent of DSL Extreme and DSL
Extreme is not liable for any damages, costs or expenses relating to or arising
from any acts, errors or omissions by any such technician or other person. You
will be required to sign or confirm an agreement with any technician.
Professional Installations are not available to Verizon Subscribers. If a
Verizon Subscriber requires a Professional Installation it is the Subscriber's
responsibility to hire a third party technician.
15. DIAL-UP SERVICE.
The Services under this Agreement do not include dial-up access.
You can add dial-up service for unlimited access to the Internet at the rate of
five dollars ($5.00) per month. We will not be responsible for any phone
charges incurred while dialing our service. You should check with your local
phone company to make sure the number you use is a local, toll-free call from
your area. If you add dial-up service, it is licensed to a single account for
one connection at any given time. Simultaneous logins are not allowed, and will
result in suspension of your dial-up access. Dial-up service is not intended to
be a dedicated line. Dedicated modems or unmonitored modems connected via
dial-up service on a continuous basis are not allowed and will result in the
cancellation of your dial-up access. All dial-up connections are automatically
terminated after twelve (12) hours of continuous use.
16. TECHNICAL SUPPORT.
DSL Extreme assumes that you have a basic understanding of your
computer. DSL Extreme will not train you in basic computer skills (e.g.,
Opening a Web Brower and browsing the Internet). Technical support is intended
to facilitate the setup of your properly functioning computer system for access
to the Services. Your computer must recognize the network card, and receive
network link connectivity before any technical support may be provided. Support
is only available for computers running recent versions of the Macintosh or
Windows operating systems. Our technical support staff is not trained to, has
no obligation to and will not assist you in installing and/or troubleshooting modems,
network cards, routers, complex network configurations or telephone lines,
neither will they provide any technical assistance or support for any third
party Software. DSL Extreme is not responsible for connection problems due to a
computer that is infected with viruses, spyware or malware. It is your
responsibility to initiate and be available for technical support during DSL
Extreme's hours of operation. If you wish to utilize DSL Extreme's technical
support, you must be available to help troubleshoot the connection or computer
setup. We do not provide on-site technical support. However phone company
technicians may be dispatched to troubleshoot the circuit with your approval.
You are solely responsible for all charges involved with dispatching a technician
to troubleshoot your line. Charges are currently one hundred fifty dollars
($150.00) per visit or truck roll which includes one hour of work and one
hundred dollar ($100.00) for each additional one hour of work billed in one
hour increments in the case of an AT&T Direct Subscriber. For AT&T Lineshare Subscribers and Verizon
Subscribers, charges are currently sixty dollars ($60.00) per visit or truck
roll which includes one-half (1/2) hour of work and thirty-five dollars
($35.00) for each additional one-half (1/2) hour of work. For Covad
Subscribers, charges are currently ($175.00) per visit which includes one-half
(1/2) hour of work. All such charges are subject to change with no prior
notice. You agree that any such technician or other person dispatched to
troubleshoot your line is not an employee or agent of DSL Extreme and DSL
Extreme is not liable for any damages, costs or expenses relating to or arising
from any acts, errors or omissions by any such technician or other
person. A one hundred dollar ($100.00) fee will apply for any missed
appointments, missed field technician dispatches or missed professional
17. NEWS SERVER AND PERSONAL WEB SPACE.
The News server (news.dslextreme.com) and personal web space are
complimentary services included in the Services and carry no uptime or
throughput guarantees and minimal technical support. The News server is subject
to change at any time. By using the news service you agree to the terms of
service from the outsourced third party provider which can be found
18. EMAIL, ANTI-SPAM AND ANTI-VIRUS.
DSL Extreme provides one (1) primary email address and a limited
number of additional email addresses per Subscriber account. The primary email address
username is selected and reserved during the order process. The primary email
address that was reserved during your order can be activated and additional
email addresses can be created using the Members section of our website at: https://www.dslextreme.com/members.
Email accounts that have not been accessed in ninety (90) days or more will be
automatically deactivated on the mail server. All mail stored on the server for
an account that has been deactivated will be automatically removed and cannot
be recovered. DSL Extreme is not responsible for any lost email due to an
account being deactivated. The anti-spam and anti-virus filters are services
available for Subscribers. The anti-spam and anti-virus features are on by
default. The anti-virus server software is a commercially available third party
product designed to stop viruses before they reach your mailbox. We take no
responsibility for your computer and any viruses not blocked by the software. We
highly recommend using third party virus protection software that runs on your
computer in addition to the anti-virus filter to better ensure virus
protection. DSL Extreme takes no responsibility for legitimate virus free email
that is blocked by virus software.
The anti-spam filter protection help protect clients from
receiving spam in their Inbox. The spam that is filtered will be moved to a
folder labeled "SPAM" and can be accessed from the webmail interface (http://www.dslextreme.com/webmail).
Messages will be stored in the SPAM folder and can be retrieved for up to
thirty (30) days. Messages thirty (30) days or older will automatically be
permanently deleted by the server. It is the Subscriber's responsibility to
check these messages to ensure no legitimate email was filtered. DSL Extreme is
not responsible for any email messages, legitimate or not, that are filtered or
deleted by the spam filtering software. DSL Extreme currently utilizes the
Google Apps platform to provide mail service to Subscribers. As a Subscriber,
you agree to the terms of service that are located at http://www.google.com/a/help/intl/en/users/terms.html.
DSL Extreme reserves the right to change mail platforms and mail options at any
time without prior notification.
19. MAINTAINING CURRENT TELEPHONE SERVICE.
Lineshare DSL Service shares the Subscriber's current telephone
line and service. It is the Subscriber's sole responsibility to maintain the
phone line and phone number of original installation in continuous working
order with the local phone company in order to receive the Services. A
Lineshare Subscriber who disconnects telephone service remains responsible for
monthly service fees, Early Termination Fees and all other fees, charges and
other obligations provided for in this Agreement. A sixty dollar ($60.00)
transfer fee will apply to any AT&T or Verizon Subscriber and a one hundred
dollar ($100.00) transfer fee will apply to any Covad Subscriber who changes
their current telephone service. A change in phone service will result in
downtime while service is reestablished. Subscribers under a one year contract
commitment will be required to enter into a new one year contract when a change
in phone service is made. A change in phone service includes but is not limited
to change of phone number, change of phone line or change of service location.
20. MOVING YOUR SERVICE.
Subscribers are permitted to move their service to a new phone
line and/or location of service where Service is available. Annual Subscribers
under a contract commitment will be required to enter into a new contract
commitment when a change in service phone line and/or service location is
requested. If service is not available at the Subscriber's new location it does
not relinquish you from this Agreement and you remain responsible for monthly
service fees, Early Termination Fees and all other fees, charges and other
obligations provided for in this Agreement.
21. CHANGING SUBSCRIPTIONS.
You may change your plan speed at any time. A fifty dollar
($50.00) downgrade fee will apply to any AT&T Subscriber or Verizon
Subscriber, who downgrades their speed. A ninety-nine dollar ($99.00) fee will
apply to any Covad Subscriber who upgrades or downgrades their speed. A fifty
dollar ($50.00) fee will apply to any Subscriber who switches from a Static IP
to a Dynamic IP. Changes in Service may require a new Annual contract.
Promotional packages are only available to first time DSL Extreme Subscribers.
22. IP ADDRESSES.
Dynamic IP Subscriptions allow Subscribers to obtain up to 1
public IP that can change at any time. Static IP Subscriptions may be available
at an additional cost as listed in the Pricing Schedule. Upon expiration,
cancellation or termination of this Agreement, a Subscriber must relinquish any
IP addresses or address blocks assigned to them by DSL Extreme. DSL Extreme may
choose to assign any Subscriber on Dynamic or Static IP Subscriptions a new IP
address at any time with no prior notice.
23. ACCEPTABLE USE.
You agree to use the Services in accordance with DSL Extreme's
acceptable use policy ("Acceptable Use Policy") published at http://www.dslextreme.com/termsconditions?i=9.
DSL Extreme reserves the right to make changes to the Acceptable Use Policy
DSL Extreme will treat your personal information in accordance
25. PORT FILTERING.
A port 25 (outgoing mail) filter is applied to all Subscribers to
prevent against spam generated from our network. DSL Extreme reserves the right
to block any port without prior notice to protect the network and its Subscribers
from potential virus attacks spreading over a certain port.
26. WARRANTIES AND LIMITATIONS OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND
SOFTWARE SUPPLIED BY DSL EXTREME HEREUNDER AND IN CONNECTION WITH THE SERVICES
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 SOFTWARE OR
EQUIPMENT PROVIDED BY DSL EXTREME (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH
SUCH SOFTWARE OR EQUIPMENT). DSL EXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND
EQUIPMENT 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,
INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR
ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY DSL EXTREME OR ITS
REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF DSL EXTREME TECHNICAL SUPPORT
IS AT YOUR OWN RISK AND IS NOT WARRANTED.
DSL EXTREME DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE CAN BE
PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A
SPECIFIED SCHEDULE, EVEN IF DSL EXTREME HAS ACCEPTED YOUR ORDER FOR THE
SERVICE. THE PROVISIONING OF THE SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND
OTHER FACTORS, INCLUDING WITHOUT LIMITATION, 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 DSL EXTREME SHALL HAVE ANY
DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO
RETURN ANY DSL EXTREME -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS
DSL EXTREME DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR
EQUIPMENT PROVIDED BY DSL EXTREME WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH
OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE
OF VIRUSES, WORMS, OR THE LIKE. DSL EXTREME 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. DSL EXTREME MAKES NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. DSL
EXTREME MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY
USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU
EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE
SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE
SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE
OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR
IN NO EVENT SHALL DSL EXTREME (OR ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR
SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF
REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO
USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, 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 DSL
EXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B)
ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY
TO DSL EXTREME'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY
BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH DSL
EXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES),
DSL EXTREME'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY
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.
DSL EXTREME RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND
EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE,
THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY
POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER
OBLIGATIONS DSL EXTREME (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR
AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE
SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING DSL EXTREME (OR ITS
OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER
OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO
PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE
MAXIMUM AGGREGATE LIABILITY OF DSL EXTREME (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES AND AFFIL