The Terms of Service in this Agreement (the "Agreement”) are entered into by and between the subscriber ("you,""your"or "Subscriber”) and Telecom Evolutions, LLC dba DSLExtreme ("DSLExtreme,""us"or "we”). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order; (b) your accepting the terms and conditions electronically during the installation or ordering process; or (c) your use of the Service (as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under which you agree to use the Service.

1. SERVICE. DSLExtreme will provide you with dial-up access to the Internet, subject to the terms and conditions set forth herein (the "Service”). Speeds will vary depending on many factors, including but not limited to internet congestion and upload and download speed of your destination server. You are 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 account. You understand that the unlimited access Internet account is not intended to be a dedicated line. Dedicated modems or unmonitored modems connected on a continuous basis are not allowed and will result in the cancellation of your account. All connections are automatically terminated after twelve (12) hours of continuous use. DSLExtreme reserves the right to refuse service to anyone.

2. X-DIAL. The "X-Dial"dial up acceleration Service (the "Service"or "X-Dial Service"as appropriate) is being provided to you by DSLExtreme using dial up acceleration third party software provided by Propel Software Corporation ("Propel”). The X-Dial Service is a subscription-based content acceleration service that is in addition to the standard DSLExtreme dial-up Service and consists of client software installed on Your PC as an independent local proxy that communicates with a server network infrastructure on the Internet. In combination, these components are designed to use transformation, compression, and caching techniques to speed up the delivery of HTTP-requested data from websites on the World Wide Web to your personal computer. The client-server solution is designed to transparently accelerate the delivery of both static and dynamically generated text (completely loss-less) and graphics (you can control level of lossiness) from websites. The X-Dial Service will not accelerate any multimedia including but not limited to streaming audio, streaming video and or downloading files. Enhanced or accelerated speeds are not guaranteed. The client software on your personal computer connects to a server network infrastructure that is deployed on the Internet and operated as a managed service by DSLExtreme. The X-Dial Service does not enable you to access the Internet. You must separately have an Internet access service. Your personal computer should have an Internet connection running between 14.4kbps and approximately 200 kbps (kilobits per second). Typically this means a dial-up modem, however, some slow DSL and ISDN systems would qualify. Note that systems operating at a speed above approximately 200 kbps will not be accelerated. DSLExtreme may at any time without notice or liability restrict the use of the X-Dial Service or limit its time of availability in order to perform maintenance activities.

3. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that DSLExtreme 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 DSLExtreme whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.

4. GENERAL PRICING AND FEES. DSLExtreme’s prices are shown in the Pricing Schedule and you will be charged in advance based on the contract term you choose (i.e., "Monthly,""Quarterly,""Semi-Annual"or "Yearly”) and whether you choose standard dial-up Service or X-Dial Service during the ordering process. All plans include the first month of Service free. Thereafter, you will be charged at the beginning of each period as a prepayment for Services based on the contract period you choose (i.e., "Monthly,""Quarterly,""Semi-Annual"or "Yearly”), provided that if your service begins on a day other than the first day of the month, you will pay an additional prorated amount for your first partial month of paid service (see Section 5 below). All prices are subject at any time to increase DSLExtreme’s then current prices beginning with a Subscriber’s first full prepayment period following any such price increase. In addition, Subscribers are responsible for all applicable taxes, telecommunication surcharges or other governmental charges due on the Services, all of which are subject to change at any time. Promotional packages are only available to first time DSLExtreme Subscribers.

5. PAYMENT, LATE FEES AND OTHER CHARGES. Other than the initial thirty (30) day free trial, there is no money back guarantee for any Services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time. DSLExtreme will invoice you based on the contract term selected during the ordering process. Invoices will be based on the number of full calendar months in such contract term. New Subscribers who enter into this Agreement after the first day of any month will be billed on a pro-rated basis for their first month of paid Service in addition to their prepayment period charge (e.g., if you sign up for "Quarterly"service on May 12th and the current monthly charge for "Quarterly"Service is $11.95, your first month is free and then you will be charged from June 12th - June 30th (18 days) = 18/30 * $11.95 (your monthly periodic rate) = $7.17 plus your $35.85 Quarterly prepayment for a total prepayment of $43.02). This charge will pay for a partial month to catch you up to our calendar month billing cycle and your first full prepayment period. All subsequent charges will be for one (1) prepayment period beginning the 1st day of the billing cycle. You are required to pay all fees by an automatic payment method. DSLExtreme accepts credit cards (MasterCard, Visa, American Express and Discover) and debit cards with MasterCard and Visa logos. If your automatic payment method expires or is declined and DSLExtreme is obligated to mail you a statement, a two dollar ($2.00) statement fee will be added to your account. You agree to pay within twenty (20) days from receipt of an invoice. If you do not pay an invoice within such twenty (20) day period, DSLEXtreme may deny, discontinue or otherwise suspend your Service until full payment is received. You are responsible for paying monthly subscription 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. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. 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 all other applicable fees and charges. You must pay a fifteen dollar ($15.00) 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.

6. SOFTWARE. In connection with our provision of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by DSLExtreme or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software (the "Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from DSLExtreme or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

7. TERM. This Agreement is effective upon Subscriber’s acceptance as provided above and shall continue until terminated by Subscriber or DSLExtreme pursuant to this Agreement. Each Subscriber is on automatically renewing periodic terms based on the prepayment term selected during the ordering process (i.e., "Monthly,""Quarterly,""Semi-Annual"or "Yearly”), beginning on the first day of the first calendar month of such period (or, in the case of the first term, beginning with Subscriber’s acceptance as provided above).

8. TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing DSLExtreme with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which DSLExtreme receives Subscriber’s valid written termination request. The termination of a Subscriber on monthly periods 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 DSLExtreme 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 Subscriber. For a Subscriber other than one on monthly periods, their termination, if received by DSLExtreme at least thirty (30) days prior to the end of their prepaid periodic term, will be effective at the end of such term, unless such Subscriber requests an earlier date. Notwithstanding the foregoing provisions of this section 8, if DSLExtreme receives a written termination request from a Subscriber, DSLExtreme may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 8. If this Agreement is terminated prior to the end of a prepaid term, a Subscriber will not receive a refund of any prepaid fees or other charges. However, if a Subscriber terminates this Agreement, is not otherwise in breach of this Agreement, concurrently signs up for DSL service with DSLExtreme and agrees to the DSL Terms and Conditions published at http://www.dslextreme.com/terms/, the Subscriber can apply the unused portion, if any, of their prepaid fees toward the cost of such DSL service, provided that such unused portion can only be used as a credit against such DSL service and the Subscriber will not receive a refund of any unused portion not applied toward the cost of such DSL service. DSLExtreme does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber’s telephone number will never constitute a termination request. A written termination request is valid only if it includes your main username, date you wish the service to be cancelled and the reason for canceling and is submitted using one of the following methods:

1. Online at http://www.dslextreme.com/cancel/
2. Via email at [email protected]
3. Via fax at 818-206-0326
4. Via mail to :

DSLExtreme.com
Attn: Cancellation Department
9221 Corbin Ave, Suite 260
Northridge, CA 91324

9. TERMINATION BY DSLEXTREME. If, in DSLExtreme’s sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber’s use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, DSLExtreme’s servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with DSLExtreme’s technical support staff, customer service staff or any other DSLExtreme employees or representatives; (d) DSLExtreme receives an order from a court to terminate a Subscriber’s Service; or (e) DSLExtreme for any reason ceases to offer the Service, then DSLExtreme at its sole election may terminate or suspend such Subscriber’s Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.

10. TERMINATED SUBSCRIBER. DSLExtreme, in its sole discretion may refuse to accept a Subscriber’s application for renewal or resubscription following a termination or suspension of such Subscriber’s use of the Service. If a Subscriber’s Service is terminated for any reason, such Subscriber, upon approval by DSLExtreme, may enter into a new Agreement and must pay any applicable setup or activation fees at such time. Upon the termination of a Subscriber’s use of the Service, DSLExtreme has the right to immediately delete all data, files and other information stored in or for the Subscriber’s account without further notice to the Subscriber.

11. SUBSCRIBER SUPPLIED TELEPHONE LINE AND MODEM. Subscribers must supply their own telephone line and modem and assume the risk of service incompatibility. Down telephone lines, incompatible Subscriber modems or other Subscriber equipment shall not relieve Subscribers from any of their obligations under this Agreement while a Subscriber is troubleshooting down phone lines or defective or incompatible equipment even if Subscriber’s Service is down during such periods of troubleshooting.

12. DIAL-UP ACCESS NUMBERS. DSLExtreme 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.

13. TECHNICAL SUPPORT. DSLExtreme assumes that the Subscriber has a basic understanding of their computer. DSLExtreme will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem and receive a dial tone before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting modems or telephone lines, neither will they provide any technical assistance or support for any third party Software. It is the Subscriber’s responsibility to initiate and be available for technical support during DSLExtreme’s hours of operation. If a Subscriber wishes to utilize DSLExtreme’s technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. DSLExtreme does not provide on-site technical support.

14. COMPLIMENTARY SERVICES. The News server (news.dslextreme.com), Game Server (http://games.dslextreme.com), personal web space, pop up stopper and online virus scan are complimentary services and carry no uptime or throughput guarantees and minimal technical support. The News server is subject to change at anytime. By using the news service you agree to the terms of service from the outsourced third party provider which can be found at http://support.highwinds-media.com/tos.pdf

15. EMAIL, ANTI-SPAM AND ANTI-VIRUS. DSL Extreme provides one (1) primary email address and a limited number of additional email addresses per Subscriber. The primary email address is created during the order process. The additional email addresses can be created using the Members section of our website at: https://www.dslextreme.com/Members. Non-primary email addresses 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 can not 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 mail box. DSL Extreme takes no responsibility for your computer and any viruses not blocked by the software. DSL Extreme highly recommends 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 ten (30) days. Messages ten (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 a third-party platform powered by Zimbra to provide mail service to Subscribers. DSL Extreme reserves the right to change mail platforms and mail options at any time without prior notification.

16. MAINTAINING CURRENT TELEPHONE SERVICE. Use of the Service requires the Subscriber’s telephone line and service. It is the Subscriber’s sole responsibility to maintain the phone line in continuous working order with the local phone company in order to receive the Services. A Subscriber who disconnects telephone service remains responsible for monthly service fees and all other fees, charges and other obligations provided for in this Agreement.

17. ACCEPTABLE USE. Subscriber agrees to use the DSL Service in accordance with DSLExtreme’s acceptable use policy ("Acceptable Use Policy”) published at http://www.dslextreme.com/aup.htm. DSLExtreme reserves the right to make changes to the Acceptable Use Policy without notice.

18. PRIVACY POLICY. DSL Extreme will treat each Subscriber’s personal information in accordance with DSLExtreme’s privacy policy ("Privacy Policy”) published at http://www.dslextreme.com/privacy.php. Subscriber agrees to the terms of the Privacy Policy. DSLExtreme reserves the right to make changes to the Privacy Policy without notice.

19. PORT FILTERING. A port 25 (outgoing mail) filter is applied to all Subscribers to prevent against spam generated from our network. Subscribers who ish to have the filter removed in order to run a mail server may do so by registering at https://secure.dslextreme.com/reg_server. By registering your mail server with DSLExtreme, you are agreeing to the terms and conditions listed at http://www.dslextreme.com/aup.htm. In addition, DSLExtreme will periodically scan port 25 over your DSL line to make sure your mail server is not an open relay. If DSLExtreme finds an open relay on your mail server, the port 25 filter will be reinstated and you will be notified by the contact email address entered above. DSLExtreme 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.

20. WARRANTIES AND LIMITATIONS OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND ANY SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS"OR "AS AVAILABLE"BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT. DSLEXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, 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 DSLEXTREME OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF DSLEXTREME TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

DSLEXTREME DOES NOT WARRANT THAT THE SERVICE OR ANY SOFTWARE PROVIDED BY DSLEXTREME 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. DSLEXTREME 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. DSLEXTREME MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE OR THE INTERNET. DSLEXTREME MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE OR THE SOFTWARE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL DSLEXTREME (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 OR THE SOFTWARE, 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 DSLEXTREME 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 20 ALSO APPLY TO DSLEXTREME’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 DSLEXTREME (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), DSLEXTREME’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

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.

DSLEXTREME RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR THE SOFTWARE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

21. LINKS. DSLExtreme or third parties may provide links to websites other than http://www.dslextreme.com or other resources. Because DSLExtreme has no control over such websites and resources, you acknowledge and agree that DSLExtreme is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that DSLExtreme will not be responsible or liable, directly or indirectly, for any damage or loss aused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

22. INDEMNIFICATION. You agree to defend, indemnify and hold harmless DSLExtreme from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

23. REVISIONS. DSLExtreme may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.dslextreme.com/terms/. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the periodic price of the Service shall be effective beginning with the first full prepayment period following posting. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.

24. ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. DSLExtreme may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

25. CHOICE OF LAW. You and DSLExtreme agree that the substantive laws of the State of California, without reference to its principles of conflicts of aws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND DSLEXTREME CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

26. COMPLIANCE. DSLExtreme’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

27. THINGS BEYOND DSLEXTREME'S CONTROL. DSLExtreme will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

28. ENTIRE AGREEMENT. This Agreement, including all policies posted on DSLExtreme’s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and DSLExtreme with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

29. NOTICE. Notices by DSLExtreme to you shall be deemed given: (a) when sent to your DSLExtreme email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.

30. SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.