TERMS OF SERVICE
 

These Terms of Service (“Terms”) are between Sovernet Communications, Inc., its direct and indirect subsidiaries (“Sovernet”) and the Customer regarding telephone and data services and those services and products incidental to connectivity services. Customer is not relying on any representations or promises, written or oral, not included in these Terms. These Terms supercede all previous representations, understandings or agreements, written or oral, by or between the Customer and Sovernet, and shall prevail notwithstanding any variance with terms of any and all orders submitted. Customer understands and agrees that payment for, or use of,  Sovernet’s telephone and data services constitutes acceptance of these Terms and Conditions and Customer agrees to be bound by them.

1. Limited Warranty: Sovernet warrants that the service provided to Customer will be performed by qualified personnel in a professional manner. Sovernet disclaims all other warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law. Sovernet makes no warranties, whether expressed or implied, over the content of information contained on or in or passing through its systems, including but not limited to computers, routers, networks, and telephone lines. No oral or written advice or information provided by Sovernet, its agents, representatives, employees, or assigns, shall create or constitute a warranty.
   
   
2. Limited Liability For Disrupted Services: Sovernet shall make reasonable efforts to provide continuous and uninterrupted service to the Customer with the exception of scheduled maintenance. If in the event of a material disruption in service, the Customer, upon written notification of service disruption details to Sovernet, may reduce or terminate services without penalty if Sovernet is unable to cure said service disruption within 30 days of notification and provided that all charges incurred up to the date of written notification are paid in full.
   
   
3. Limited Liability For Damages: Customer agrees to use all services at their own risk. All services are provided “as is.” Other than as specifically provided for herein, Sovernet shall not be liable for any loss or damage incurred by reason of or incidental to Sovernet’s provision of service and such limitation of damages by Sovernet shall include, but not be limited to, amounts for punitive, direct, indirect, special or consequential damages of any kind whatsoever, including loss, delayed, or non-delivery of data, lost revenue or lost profits, even if advised of the possibility thereof, whether such damages arise out of breach of contract, breach of warranty, negligence, strict liability or any other theory of liability and whether such damages were foreseeable or not. Sovernet shall have no liability for damages arising out of the negligence or willful act of the Customer, power outage or other occurrences considered force majeure, or caused by failure of equipment or service not provided by Sovernet or within Sovernet’s control. Sovernet is not liable for any claims for loss or damages involving injury to property or injury or death to persons arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance, presence, use or removal of the Customer’s facilities or equipment connected or to be connected to Sovernet’s facilities. Sovernet is not liable for the performance of any equipment that may be installed at the premises of the Customer. Sovernet shall have no liability for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in Sovernet service, equipment or facilities, for any defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation, maintenance or removal thereof, or the acts or omissions of Sovernet employees or agents, unless such damage is caused solely by the unlawful or grossly negligent acts of Sovernet. Should an unlawful or grossly negligent act be proven against Sovernet, or should its disclaimer of liability and warranties not be given effect, then the total amount of liability, including all damages, attorney’s fees and costs, shall be in the form of an account credit allowance and shall not exceed the lesser of the actual resulting loss to the Customer or an amount equivalent to the recurring charge to the Customer for the specific service(s) for the month in which the unlawful or grossly negligent act occurred. The entire liability for any loss, claim, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to Sovernet by Customer for the specific service(s) for that month. No other liability shall attach to Sovernet.
   
   
4. No Liability For Telephone Usage Charges: Under no circumstances will Sovernet be liable for telephone company usage charges incurred by the Customer. Customer may not rely on the receipt of oral or written advice from Sovernet to overcome this “no liability” provision. At all times, even with the receipt of oral or written advice from Sovernet, the Customer is responsible for choosing the dialup access number that is designated as a “local” call, and is responsible for any usage fees incurred. If a local number is not available or the Customer for any reason uses an incorrect number, Sovernet will not be liable for any long distance or toll charges billed to the Customer. A Customer using non-local, toll-free, roaming-local, or other remote access to Sovernet’s network is responsible for ensuring that the toll-free, roaming, or other remote access number is replaced by a local access number upon return to his/her local area, and remains responsible for all access usage fees regardless of the origin point of the dial-in call.
   
   
5. “Intermittent Dialup” Vs. “Full-Time Dialup”: Sovernet Dialup Accounts are classified as either “Intermittent,” or “Full-time.” An Intermittent account includes a 300-hour per-month access limit, and requires that the connection be dropped during periods of inactivity. An Intermittent account may not be used for an unbroken period of time exceeding 24 hours. A Full-time account may remain connected without limitation. Customer agrees that Sovernet may upgrade to Full-Time any Intermittent account exceeding 300-hours per month, or remaining connected for more than 24 consecutive hours, and to charge the Customer for the account accordingly.
   
   
6. Notices/Official Communications: At Sovernet’s option, communications from Sovernet to the Customer may be by email to the Customer's Sovernet email account or to a designated email account. Such email communications may include messages to Sovernet’s entire customer base, and email messages solely to Customer. A Sovernet email message to the Customer shall be deemed received at the time it is sent to Customer. Customer agrees that email is an acceptable form for all communications to the Customer, and that email from Sovernet is not unwelcome or unsolicited. The Customer may opt-out of Sovernet email notifications called “Announcements,” by sending an email request to announcements-request@sover.net, with “unsubscribe” as the subject. If the Customer causes email to be filtered or deleted in any manner, including subscription to a service requiring sender to affirm legitimacy of email, the Customer waives any right to receipt of Sovernet communications, including legal notice, as such subscription service, filtration, or deletion may result in either the failure or delay of a notice from Sovernet.
   
   
7. Account/Circuit Transfer Rates: The Customer understands and acknowledges that data speeds listed are not guaranteed, unless specifically contracted for under separate agreement, and are subject to conditions beyond the control of Sovernet.
   
   
8. Toll-free Numbers. Sovernet does not guarantee the availability of any requested toll-free number and is not bound by any verbal representation to the availability of any number made by a Sovernet employee. Sovernet makes no representation regarding the Customer’s legal right to use any word or phrase created by the alphabetical translation of a toll-free number. In order to protect the integrity of its network, Sovernet may without liability, block any toll-free number having abnormal usage surges or heavy traffic loads. If the Customer does not submit a written request to appoint a new responsible organization (RESPORG) within 30 days of service cancellation, Sovernet will release all rights to use or control these numbers. Sovernet is not obligated to transfer the Customer’s toll-free numbers to another carrier if the Customer has any outstanding balance with Sovernet.
   
   
9. Customer Responsibilities: The Customer is responsible for the manner in which the Customer uses the Services, including protecting the security of the Customer’s data, voice equipment and other facilities, the Customer’s choice of equipment, software and online content, and all other related matters. The Customer also understands that reserved numbers or address ranges are not guaranteed until the ordered Service is installed and working. Telephone numbers are not to be advertised or published by the Customer until verified by Sovernet on the day Services are installed.
   
   
10. Security: The Customer alone bears responsibility for his/her username(s), password(s), and any device(s) which s/he chooses to connect to Sovernet’s services, and expressly assumes any and all risks relating to the security of his or her network, data, communications, and any potential access to them by others.
    
    
11. Optional Data Services: Web Hosting Service: If the Customer chooses Sovernet hosting services, Sovernet do not acquire any right, title and/or interest in the content material that the Customer installs or has installed on the server computer (collectively “Content”). Sovernet agrees to treat the Customer’s Content as confidential information and shall safeguard such confidential information using a commercially reasonable degree of care. Sovernet’s obligations under this Section shall only extend until the termination, expiration or cancellation of this Service.
    
    
12. IP Addresses and Domain Name Fees: Upon expiration, cancellation or termination of the applicable data Services, the Customer shall relinquish any IP addresses or address blocks assigned to the Customer by Sovernet. If Sovernet deems it necessary for technical reasons, the Customer may be required to renumber the IP addresses assigned to the Customer. Any fees associated with domain name registration and maintenance of domain names are the Customer’s responsibility.
    
    
13. Please refer to our Acceptable Use Policy for for information about Illegal Activities, Spamming, Denial of Service Attacks and other prohibited activity: http://www.sover.net/docs/acceptableuse.shtml
    
    
14. Please refer to our Privacy Policy: http://www.sover.net/docs/privacy.shtml
    
    
15. Credit Approval and Deposits: The Customer shall provide Sovernet with credit information as requested, and delivery of Service is subject to credit approval. Sovernet may require the Customer to make deposit in accordance with relevant Vermont Public Service Board or New Hampshire Public Utilities Commission rules, as appropriate. At such time as Services to the Customer are terminated, the amount of the deposit will be credited to the Customer’s account and any credit balance that may remain will be refunded.
    
    
16. Written Confirmation of Services: Sovernet will provide a written confirmation of services ordered. The customer has the right to cancel services with no early termination charges within 15 days of receiving the written confirmation. Customers will receive notice that the Vermont Public Service Board or New Hampshire Public Utilities Commission is available for complaint resolution.
    
    
17. Disconnects and Restoration of Service: Sovernet complies with procedures and policies for disconnecting and restoring telephone service found in Vermont Public Service Board Rule 7.60 (specifically 7.620-7.623) and in New Hampshire Public Utilities Commission 400 Rules for Telecommunications.
    
    
18. Account Charges & Delinquency: The Customer agrees to purchase the services and to pay the rates and charges (including applicable taxes and onetime charges) established for such services. Sovernet charges for recurring service during the month of the payment period except in the initial month of service which will be prorated from the date service is established. One-time charges, where applicable, will be payable in advance or due as billed. Sovernet is not liable for any overdraft or other fees incurred due to billing errors. Delinquent accounts are subject to termination of service. A data account shall be deemed delinquent if it, or any other services that are part of it, are unpaid for thirty (30) days from payment due date. Any interruption in service does not relieve the Customer from paying any amounts that are due. Delinquent accounts shall be subject to an interest charge in the amount of 1.5% per month (18% APR) on the outstanding balance. If the laws of the Customer’s state do not permit an interest charge of 1.5% per month, then the maximum interest rate allowable by the Customer’s state will be charged. A charge will be made for all returned checks. If the Customer’s account is in default to Sovernet, the Customer agrees to pay Sovernet the cost of collection, including but not limited to attorney's fees and collection fees incurred as a result of collection of any past due amount.
    
    
19. Facilities And Services Available: Sovernet provides services subject to availability of facilities. If Sovernet is unable to deliver the services at the intended location or at the contracted for speed, the agreement between Customer and Sovernet shall terminate and Sovernet will issue a full refund of monies paid in advance. In some cases, if facilities or services are not available as ordered, services may be provided subject to an additional fee. Sovernet reserves the right to refuse services to anyone for any reason.
    
    
20. Commencement Date: Accounts for data services are deemed to have a contract “Start Date” effective on the first day of the first full billing month after a Sovernet service is in service, available for the Customer’s use. Billing starts the initial date the service is in service, available for the Customer’s use.
    
    
21. Automatic Roll-Over Of Term Contract: If the Customer has ordered services for term (for example, a 12, 24 or 36-month term), that term and its bundle discount rate (if applicable) will automatically roll over for a term of equal duration when the initial term or any roll-over term has expired. Sovernet will not provide notice to Customer of the end of any term or of any automatic rollover. The Customer may, with written notice to Sovernet at least thirty (30) days in advance of the end of any term, elect against the automatic rollover. Sovernet may, with written notice to the Customer at least thirty (30) days in advance of the end of any term, terminate the automatic rollover of a term account. The account of a Customer whose automatic rollover has been terminated by either party will become a monthly term account, unless the Customer enters into a new service agreement for some other term. A monthly term account will be subject to a monthly term discount rate, if applicable. NOTE: This clause does not apply to Customers who receive a discount for prepayment of monthly charges.
    
    
22. Requested Relocation, Termination, Or Suspension: Customer is obligated to notify Sovernet in advance of a relocation, termination, or suspension of service. An authorized request to relocate or terminate an account must be received by Sovernet at its Bellows Falls, Vermont, office sixty (60) days in advance of intended relocation or termination date. An authorized request to suspend a dialup account must be received by Sovernet at its Bellows Falls, Vermont, office fourteen (14) days in advance of intended suspension date. In the event of termination or suspension, Customer is responsible for ensuring that arrangements are made to prevent loss of email and website files. To prevent loss of messages and files, Customer is encouraged to set up email forwarding and to remove web files and email from the Sovernet server(s) for storage on own computer until the account is reactivated.
    
    
23. Early Termination Charges: If a Customer has ordered services for term (i.e. a 12, 24 or 36 month contract) and subsequently terminates service prior to the fulfillment of the agreed term, or if Sovernet cancels customer's service for violation of Acceptable Use Policies, breach of Terms, or failure to make payment, then an early termination charge will be due from the Customer to Sovernet. This early termination charge applies to any cancelled service even if other services remain active.  A Customer who is voluntarily terminating service will provide Sovernet 2 months' written notice of cancellation, or will owe Sovernet an additional 2 months of charges in addition to the termination liability outlined below.
    
    
24. Termination Liability: These charges are a reasonable approximation of damages and do not constitute a penalty. The termination liability will include a) any previously waived charges for service(s)or equipment, b) any expenses paid by Sovernet to deliver the service(s) or to collect payments for the service(s), plus a one-time charge calculated as follows:
    
    (i) For Business Services terminated in the first year of the initial term, we will calculate the average of all services including long distance, and excluding taxes and surcharges for the 3 months prior to the cancellation request (if the customer has had service less than 3 months, we will average 2 months, or if less than 2 months, we will calculate the monthly cost using the contract for service). That average monthly charge will be multiplied by the number of months remaining in the first year of the term, plus 50% of the average monthly cost multiplied by the number of months in the following years of the term.
    
    (ii) For Business services terminated after the first year of the term, 50% of the average monthly cost (calculated above) multiplied by the number of months remaining in the term.
    
    (iii) For Residential customers who elected a one year term including waived equipment and setup fees, the charge for termination of service in the initial 12 months will be $250.00. For Residential customers who did not receive free equipment and setups, the fee for terminating service in the initial 12 month term will be $100.00.
    
    
25. Equipment: Equipment charges and taxes are payable in advance of delivery. Equipment is deemed to be received by the Customer on the third business day after the date of shipping. New equipment purchased by the Customer is covered by a 12-month limited warranty (viewable online at www.sover.net/support/warranty.html).
    
    
26. SOVERNET reserves the right to terminate or suspend service or a product offering at any time, with or without notice. Such action does not relieve the Customer of any obligation to pay all charges due.
    
    
27. Modifications: Sovernet reserves the right to change its rates and otherwise modify these Terms of Service and any of its other policies, at any time by posting such changes on its website thirty (30) days in advance of their effective date (www.sover.net/company/policies.shtml  ). Customer’s continued payment for or use of the service, Username, and/or Password on or after the effective date of such posted changes constitutes acceptance of such changes.
    
    
28. Bundle Discount Rate Does Not Vary With Rates For Services: If the Customer has contracted for a term for bundled services (for example, a 12, 24 or 36 month term), the Customer is entitled to a particular bundle discount rate (for example, a 10% rate on a basic 3-service bundle for 12 months). That bundle discount rate will not change, even though the rates for services for both voice and data products may change.
    
    
29. Customer Representations: The Customer represents and warrants that s/he is over the age of 18 years. The Customer agrees to protect and indemnify Sovernet against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, tradenames or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from the Customer’s use of the services. Customer agrees to not use or permit the services to be used in violation of Sovernet’s Acceptable Use Policy and other policies, as they now exist and as amended, as published on Sovernet’s website www.sover.net/company/policies.shtml. The Customer agrees that use of information obtained via Sovernet lines or equipment is done at the Customer’s risk.
    
    
30. Jurisdiction: State law issues concerning the construction, interpretation, and performance of this agreement shall be governed by the substantive laws of the State of Vermont, excluding its choice of law rules. The parties agree that the venue for lawsuits arising from or under these Terms of Service shall be the State or Federal Court in the State of Vermont. Any claim or cause of action against Sovernet shall be commenced within one year after the claim or cause of action has arisen or else it shall be barred.   Please note that jurisdiction is Vermont.
    
    
31. Notice To Sovernet: Notice from the Customer to Sovernet shall be in writing, mailed, postage paid, to Sovernet, Inc. P.O. Box 495, Bellows Falls, VT 05101, and shall be deemed received on the third business day after postmark. To be properly authorized, notice must include the signature of the person in whose name the account is held.
    
    
32. Waiver: Sovernet shall not be deemed to have waived any right or option under these Terms, including the right to demand an exact compliance or to declare a breach of the Terms, by virtue of any contrary or customary practice. Failure of Sovernet to enforce any provision of the Terms on one or more occasions shall not constitute a waiver and shall not prohibit the enforcement of that same provision on a subsequent occasion.
    
    
33. Installation/Repair/Dispatch: Sovernet is not responsible for maintenance or repair of any kind with respect to equipment and facilities not provided by Sovernet. Sovernet will charge the Customer for any premises visit with respect to service problems which are determined to arise from equipment or facilities not provided by Sovernet, or which are otherwise determined to be the Customer’s responsibility. At Sovernet’s sole discretion, installation and/or maintenance may be performed outside Sovernet’s regular business hours or in hazardous locations. In such cases, charges based on not less than the actual labor, materials, or other costs incurred or charged to Sovernet will apply. If installation or maintenance is started during regular business hours but extends beyond regular business hours into time periods including but not limited to weekends, holidays, and/or night hours, additional charges may apply to reflect employee overtime.
    
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    ADDITIONAL TERMS APPLICABLE TO BUSINESS LEVEL SERVICES ONLY
    The following additional terms apply only to business level services. If the Customer is uncertain about what Sovernet’s business level services are, please review the service descriptions at: www.sover.net/services/business.shtml .
    
    
34. Access To Customer Premises: The Customer is responsible for making arrangements or obtaining permission for safe and reasonable access for Sovernet employees or agents to enter the premises of the Customer at any reasonable hour for the purpose of installing, inspecting, repairing, testing or removing any part of Sovernet’s facilities or equipment.
    
    
35. Required Equipment: The Customer acknowledges that the inability of the Customer’s equipment or facilities to access the services or other operational impediments may preclude or delay delivery of services. Customer acknowledges that the Customer may need to purchase upgraded or additional equipment or facilities to complete services delivery. The Customer acknowledges that for certain services, the use of an appropriately sized surge suppression device on all Sovernet loaned, leased or rented equipment is required and that Customer is responsible for repair or replacement of any damaged equipment if this requirement is not met. Customer also understands that failure to use an appropriate surge suppression device on such equipment may void applicable warranties as well as hinder Sovernet’s ability to monitor services. The Customer acknowledges that for services where Sovernet monitoring is provided, the Customer must have connected a functioning UPS to the equipment, provide electric power, and maintain a valid Internet Access account, paid up to date, with Sovernet.
    
    
    
    Updated 16 April 2007