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<br />GENERAL TERMS AND CONDITIONS
<br />1. Customer acknowledges lhatthis Agreement is between Customer signing this Agreement and Met WORlOCOM Communications, Inc. ("WorIdCom"), on behalf d
<br />itself and its alfiiales lIld successors, WorIdCom exercises no CXJI1tra1 over, and accepts no responsibility for, the content d the informalion passing through
<br />W~'s host computers, netMJrk hubs and points d presence (the "WorIdCom Network,. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 88.0W,
<br />WORlDCOM (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPUEO, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING,
<br />AND (b) DISClAIMS ANY WARRANTY OF TITlE, MERCHANTABlUTY, NON-INFRlNGE~NT OR FITNESS FOR A PARTICUlAR PURPOSE. Use d Illy
<br />i1formation obtained via the WorldCom Network is at Customer's own risk. WorIdCom specilicaJly denies any responsibilily for the accuracy or quality d informalion
<br />obtained lhrough its services. WolldCom shall not be iabIe for any delay or failure in performance due to Forte Majeure, which shall indude wifIout Iinitation acts
<br />d God, earthquake, labor cisputes, chcI1ges in law, regulation or government pdq, rials, war, fire, epidemics, acts or omissions d vendors or suppliers,
<br />equipment faicns, lransportalion dilIicuIties, or other occurrences which n beyond WorldCom's reasonable CXJI1Ir01.
<br />2. All use d the WorfdCom Network and the service must comply with the lfIen.current W1Sion d the WorldCom Acceptable Use Policy rpoIicy") which is made a part
<br />d this Agreement and is avaiIatlIe at the following URL: www.w.netItenns. W~ reserves the rVht 10 arlleIld the Poley from time 10 time, elrective upon
<br />posting d the revised PoIic:y at the URl or other notice 10 Customer. WorIdCom reseMlS the right 10 suspend the service or IerminaIB lhis 14J18llIlIllIlt elrective
<br />upon notice for a violation d lhe Poky. Customer agrees to inderMify and hold hlm1Iess WorIdCom from any losses, dlInages. costs or expenses resulting from
<br />any third I*tv claim or aIegation rClaim") nng out d or I8lating to use d the service, includi1g Illy CIIim which, if Irue, would CllI1Slittft a viaIatian d the Policy.
<br />3. NBTHER PARTY SHALl BE UASlE FOR ANY IfORECT, INCIDENTAL, SPECIAL. PUNmve OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR
<br />RElATE TO TttS AGREEMENT OR THE SERVICE PROVIDED HEREUNDER. INCWDlNG WITHOUT UtttTATION ANY SUCH DAMAGES FOR lOSS OF
<br />DATA RESUlTING FROM DELAYS, NON-DEUVERlES. M1SDEUVER1ES OR SERVICE INTERRUPTIONS. NotwiIhstancing anyIIing to the conb'ary staled in
<br />this A!Jeement, Customer's sole remedies for any cIains relating to lhis service or the WorIdCom Network 818 set fcrth in Section 7 below.
<br />4. My 1nl8mel ProIocxJIIkIlIbers ("1P Numbers' assigned to Customer by WorIdCom in cannection with the service shill be used only in CllIRI8Ction with the service.
<br />In the lMlllt Customer disc:ontinues use d a service for any reason, or IIis Agreement expires or is terminated for lilY reason, Customer's right to use the IP
<br />Numbers shalllllnninate.
<br />5. Payment is due 30 days after date d inWlic:e. Accounts n in default if payment is not received wilhin 30 days after date of invoice. If paymenI is Alloo1ed to
<br />W~ unpaid Customer is immedialely in default and subject to a returned check charge d $25 from WorIcI:om. Accounts unpaid 30 days aIIer dale d irMIice
<br />may have service interlUpted or terminated. Such inIerruplion does not relieve Customer d the obligation to pay the Monlhly Fee, Only a writIen request to
<br />terminate Customer's service reIieWls Custamer d the obligation to pay the Monthly Fee. Aa:otJtls in default are subject to 1I1 interest charge on the ql.Ilstancing
<br />balance d the lesser d 1,5% per monlh or the maximum rate pennilled by law. Customer agl8llS to pay WorIdCom its reasonable expenses, ~ aIIaney and
<br />collection agency tees, incurred in enforcing its rights under this Agreement Prices n exclusive d lilY taxes which may be levied or assessed upon the
<br />EquiprMlll or services IIovided hlnunder. My such taxes shaI be paid by Customer. If Customer is exempt from othefwise applicable raxes. Custcmer must
<br />submit its tax identilication number and exemption certificate at the same time it subnits this 14Jreemenl.
<br />6. BiRing for WorIdCom service wiI COI1Ill8IC8 as d the Service Activation Date. The Start-up Chlllg8 is in~ upon aa:ejUn!:e of this Agreement by WorIdCom.
<br />Charges fer Equipment shal be invoiced upon shipmenL Service is invoiced monIhIy in advance, lI1d may be C3IC8Ied only by 60 days' advance written notice. In
<br />the event d early C3lCllIIation d a Term Commitment. Customer wi be requinld to pay 75% d WorIdCom's standa'd Monthly Fee for each month remaining in the
<br />Term ComnitmenL WorIdCom reserves lhe right to cf1ange lhe rates by notifying Customer 60 days in advanced the effective dale d the change.
<br />7. The Service lewJI AgIeement ("SlA' for this service, which is made a part d this Agreemen~ is set b1h at www.UU.netnerms and appies only to aJSklmers
<br />agreeing to a Term Commitment d at least one year. WorIdCom Ie&8MlS the right to lI1l8Ild the SlA from Ime 10 line effective upon posting of lie revised SlA 10
<br />the URL or other notice to Customer; provided. that in the 8WlIlt d any arnendnw1t res~ in a material reduction d the SlA's service levels or c:radits, Customer
<br />may llInninate IIis Agreement without penally by providing WorIdCom written notice d termination during the 30 days following notice d such lIIIefldmenL The
<br />SlA sets fcrth Customer's sole remedies for lilY ctain relating to this service or the WorIdCom Network. incidng any failure to meet any gllarll1lee set b1h in the
<br />SLA. WorIdCom's records and data shall be the basis for aI SlA calculations and deleminations. Notwithstanding anylhing to the contrlWy, lie maxirun amount
<br />d c:redit in any c3enda- mon1h under the SlA shall not exceed the MonIhIy Fee ;nltor Start-up Charge which, absenIlhe credit, woulcl have been charged for
<br />WorIdCom service that mon1h (collectively the 'WorIdCorn Fees'; provided, that the maxirI1Im amount d credit fer failure 10 meet the Availability GuiRll8e stlaI
<br />not exceed the sum d (a) the WorIdCom Fees, plus (b) the l8Iephone ~ line chaIge which, absent the crecIit, woukf have been charged for sudl month,
<br />8. Neither party may use the other party's name, trademaItcs, lradenames or other pIOprietary identifying symbols without the prior written approval d lie other party.
<br />Neither party may -.ign this Agl8llll'llrlt or lilY d its rights heretIlder without the prior written consent d the other party, which consent shaI not be urnasonably
<br />wiIhheId; provided that WOIIcICom may assign this Agreement or Illy of its rights hereunder 10 .. aIIiIiate or SUCll8SSOl' without the CusIomer's wriIen consent No
<br />failwe on the part d either I*tv 10 exercise, and no cleIay in exercising. any riglt or remedy hereunder shall operate as a waiver theIeof nor shall any single or
<br />PlriaI exercise d any right or remedy hereunder preclude any other or fur1her exercise theIeof or lie exen:ise d any other right or remedy gl'll1ted hereby or by
<br />law.
<br />9. WorfdCom's alfIiates or subcontraclols may perbm some or all d WorldCom's duties lIldlor obI~ations hereunder.
<br />10. This Agreement supersedes ill ~ and contemporaneous written and oral representations, understandngs or agreements related to the subject matI8r herein
<br />and shall prevail notwithstanding Illy varilllce with terms and oondiIions of any order submitted. Acceptance d this Agreement by WorIdCom may be subject. in
<br />WorIdCom's absolute ciscrelion, to satisfactory completion of a aedit cf1eck. Activation d service shall incbte WorIdCiP""s ~ d this Agreement.
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<br />AGREED AND!!!,'J""!LD Y CU~: ! '( I .' ( ;' I '1.1 /
<br />Signature: (~ ~ ~ Company Name: i ~ l \, 1~. \, L. C .~
<br />Printed Name: i?h r, ,) t;.~, f .;>,. fi~ . . .; , : Address: v ~
<br />Title: (J ,-:- !( /t:'""" .' <';' ..
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<br />Date: .</j~;' ': Telephone Fax
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<br />WORlOCOU INTERNET DEDICATED T1 AND 56K - 6/27/01
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