THE CHURCH ONLINE, LLC
DSL High Speed Internet Access
Terms of Service Agreement
Effective 5/1/05

1. Service Agreement
a. The following Terms and Conditions are incorporated into the signed Service Agreement between you (You’ or “Customer”) and THE CHURCH ONLINE LLC that refers to these Terms and Conditions. These Terms and Conditions with the signed Service Agreement constitute a legal document that details your rights and obligations as a broadband customer of THE CHURCH ONLINE LLC.
b. Please review these Terms and Conditions. By signing the one page contract referencing these terms, you agree to be bound by the Terms and Conditions set forth in this document. Moreover, these terms and conditions supersede any and all written alterations to the one page contract referencing these terms unless an authorized representative specifically initials such suggested alterations.
c. Updates. This Service Agreement may be updated from time to time. You can review the most current version of these Terms and Conditions at any time on THE CHURCH ONLINE LLC website.
d. If THE CHURCH ONLINE LLC makes changes to this Service agreement that have a material impact on the Service, you will be provided notice of that change. Your continued use of the Service following such notice constitutes your acceptance of those changes.

2. THE CHURCH ONLINE Broadband
a. Customer understands and agrees that THE CHURCH ONLINE LLC will contract with one or more channel partners to provide broadband to Customer. Customer’s broadband agreement is with THE CHURCH ONLINE LLC, and THE CHURCH ONLINE LLC has sole discretion to determine the best means to obtain and/or modify the underlying service inputs to provide such broadband to customer. Moreover, THE CHURCH ONLINE LLC may assign its rights and obligations to third parties without Customer’s consent. However, THE CHURCH ONLINE LLC shall provide notice of any such assignment.
b. Operational Limits. Provisioning of service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the service may occur as normal events in the provisioning of the Service and that THE CHURCH ONLINE LLC is not liable for such interruptions. You further understand and agree that THE CHURCH ONLINE LLC has no control over third party networks you may access in the course of your use of the service, and therefore, delays and disruptions of other network transmissions are, beyond the control of THE CHURCH ONLINE LLC. Moreover, Customer understands and agrees that THE CHURCH ONLINE’S obligation is to use its best efforts to fulfill Customer’s service agreement. Should network or commercial limitations prevent THE CHURCH ONLINE LLC from such fulfillment, Customer does not have any claim for damages, whether actual, consequential, reliance or otherwise, against THE CHURCH ONLINE
c. Customer agrees to provide THE CHURCH ONLINE LLC and its sub-contractors reasonable access to its premises in order to install, maintain and repair broadband to Customer. Customer will be responsible for payment of service charges for visits by THE CHURCH ONLINE LLC or its subcontractors to Customer’s premises when a service request results from causes not attributable to THE CHURCH ONLINE LLC or its subcontractors.

3. Product Definitions
For the purposes of this Service Agreement the following definitions will apply:
a. “Residential DSL” to refer to the following asymmetrical services: Shared and Dedicated line Basic and Plus products; 1500/128, 3000/384.
b. “Small Business DSL” to refer to the following asymmetrical services: Dedicated Line and Dedicated Line Plus Products; 3000/768, 6000/768.
c. “Medium Sized Business DSL” to refer to the following symmetrical services: Business Dedicated 384,768, 1.1, 1.5.
d. ‘Large Business Products” to refer to the following symmetrical services: T1 and Fractional T1 speeds: 384 and 768

4. Renewal Termination
a. This agreement shall be for the term of one year, unless a different term is indicated in a separate written document. Such term shall begin on the date THE CHURCH ONLINE LLC activates the Service outlined in this agreement. This agreement shall, upon expiration, be renewed upon identical terms in one-month increments by Customer’s continued use of his account with THE CHURCH ONLINE, unless written notice of cancellation is provided no later than thirty (30) calendar days prior to the expiration of this agreement. Termination by the Customer shall not create the right to a refund of any fees paid or payable. Such termination shall be effective upon then end of the current billing cycle, and any applicable termination fees as outlined in this agreement shall then be due and payable.

5. Pre-installation Cancellation Fee’s and Charges
If Customer cancels an Order for Service prior to installation for any reason other than a failure by THE CHURCH ONLINE LLC to provide a service at transmission speeds at least equivalent to those included in the Minimum Expected Service Availability, the following charges will be assessed against the Customer and payable to THE CHURCH ONLINE LLC immediately:
a. “Medium Sized Business DSL”: A $49.95 Cancellation fee will be applicable if after 5 days of placing an order, that order is cancelled before installation is complete. Any equipment (Routers) returned in NEW condition will be credited. Our Activation Fee of $49.95 for this service is non refundable.
b. “Large Business Products”: A $49.95 Cancellation fee will be applicable if after 5 days
of placing an order, that order is cancelled before installation is complete. Any equipment
(Routers) returned in NEW condition will be credited. Our Activation Fee of $99.95 for
this service is non refundable.

6. Early Termination Fee
If service is terminated after installation, either in whole or in part, prior to the selected
term expiration, then Customer shall pay any Disconnection Fees per the following
schedule: “Residential DSL”, “Small Business DSL”: $150.00 or the remaining
cost of the contract whichever is less. “Large and Medium Sized Business” products:
$250.00 or the remaining cost of the contract whichever is less.
Customer agrees that the foregoing liquidated damages are fair and reasonable and that THE CHURCH ONLINE LLC ‘S provisioning of the services would not be commercially viable but for these Customer commitments. Customer understands that a request to move service from the Customers current location to another location that THE CHURCH ONLINE LLC determines cannot be economically served by THE CHURCH ONLINE LLC shall constitute termination of service or may incur a relocation charge. Customers who have purchased our Residential and Business Products have 21 days starting from the day the line becomes active, to use our service, and if THE CHURCH ONLINE LLC is unable to provide the quality of service required, the service may cancelled and ALL equipment returned in NEW condition, and you will owe us nothing. This includes a refund of any payment you have made to The Church Online, and a credit of any Outstanding account balance. However, if the equipment is not returned within 14 days of cancellation, you will be billed for the equipment.

7. Other Charges.
All service orders and service agreements outlined herein are subject an Activation Fee per the following schedule:
a. “Residential DSL”: $49.95, “Small Business DSL: $49.95”, “Medium Sized Business
DSL”: $49.95, ‘Large Business Products”: $99.95.
This Activation Fee shall also be applied against the Customer and payable to THE
CHURCH ONLINE LLC in the event that THE CHURCH ONLINE LLC determines
that service is not available due to unforeseen technical difficulties not anticipated prior
to order entry. Customer agrees that the foregoing liquidated damages are fair and
reasonable and that THE CHURCH ONLINE LLC ‘S provisioning of the services would
not be commercially viable but for these Customer commitments. Activation fees will be
charged prior to the issuance of the Customers order for service.
b. Orders requiring the shipment of hardware, (e.g. customer returns premises equipment and THE CHURCH ONLINE LLC subsequently returns such equipment to appropriate partners and/or vendors) will be subject to a $20.00 shipping and handling charge. Shipping and handling charges are non-refundable. Customer also agrees to pay all collection fees required to collect any overdue, refused, or back-charged fees associated with this Agreement.
c. If an installation appointment is cancelled after 12:00 noon (in the time zone of the affected circuit) on the business day preceding the scheduled installation date or if the Customer is not available at the scheduled time and date to permit installation to proceed as scheduled, a $99.00 Missed Appointment Charge will be assessed against Customer and payable to THE CHURCH ONLINE LLC.
d. Installation Charges: “Residential DSL: and “Small Business DSL”:$175.00 (Professional Installation), “Medium Sized Business DSL”: $225.00”, Large Business Products: $450.00
e. Field Technician Dispatch Charge. This charge is billed for the dispatch of a Field Technician to End User location to service, service faults not caused by THE CHURCH ONLINE; Service upgrades and downgrades requiring the dispatch of a Field Technician. (The Field Technician Dispatch Charge does not include inside wire install or repair.) $175.00 for “Residential DSL” and “Small Business DSL: $199.00 for both “Medium Sized Business DSL” and “Large Business Products”.
f. Extra Time Charge: $20.00 This charge is billed for each whole or partial fifteen (15) minute increment Field Technician is at the End User premises during a Service Setup (other than the time included as part of the Service Setup Charge) or Field Technician dispatch during which Field Technician provides services that include: installation or repair of inside wiring from RJ45 Wall Jack to NID or for tracing or toning across phone closets between the RJ45 Wall Jack and the NID; troubleshooting and/or repair of CPE, CPE configurations, or service setups. (These time charges are not included as part of the Service Setup or Field Technician Dispatch Charges.)
g. Cancellation Charge: $49.00 This charge is billed for each End User Circuit order that is cancelled more than five (5) full business days after the acceptance of the order and prior to completion of service setup
h. End User Switch Charge: $49.00 for” Residential & Small business plans as defined End User Circuit switched from another qualifying DSL provider over to our network that does not involve the dispatch of a Field Technician.
i. Missed Appointment Charge: $99.00 This charge is billed when the Field Technician arrives at the End User premises and does not have full access to complete the installation of the End User Circuit, because of an End User no-show, Field Technician’s lack of access to the network interface device, or End User request for installation rescheduling or cancellation with less than one (1) full business day advance notice.

8. Equipment and Software
a. THE CHURCH ONLINE LLC shall not be responsible for the installation, operation, or maintenance of customer premise equipment (CPE) or other equipment or software (including without limitation, cabling) not provided by THE CHURCH ONLINE LLC (collectively, “non-THE CHURCH ONLINE LLC equipment or software). Customer shall be responsible for the use and compatibility of such equipment or software. Impairment of the Customers use of the services due to non-THE CHURCH ONLINE LLC equipment or software shall not relieve Customer of any obligations hereunder. THE CHURCH ONLINE LLC shall not be responsible for any changes in service which may cause non-THE CHURCH ONLINE LLC equipment or software to become obsolete, require modification or alteration, or which may otherwise impact performance of equipment or software.
b. Other than all software and hardware provided to you by THE CHURCH ONLINE LLC and any revised version thereof that you choose to use, you must provide all equipment, devices and software necessary to receive the Service. Due to the infinite number of possible combinations of hardware and software, you are responsible for the compatibility of your system with the Service.

9. Payment
a. Inclusion of credit card number on this agreement hereby authorizes THE CHURCH ONLINE LLC to charge all setup, service, and monthly charges (including any renewal of this Service) to Customers Credit Card, without further notice to the Customer. Inclusion of Customer’s tax identification number or social security number authorizes THE CHURCH ONLINE. to access your personal credit report to make judgment on credit worthiness before services are extended. A minimum of $100.00 disconnect/reconnect fees will be assessed on all balances exceeding 45 days past due, plus applicable finance charges. THE CHURCH ONLINE LLC reserves the right to terminate service without warning to any customer with an outstanding balance exceeding 45 days past due.
b. Any payments received after applicable due dates are considered late and will be charged a late fee. The total outstanding balance will determine the late fee. Accounts with a balance of up to $100, will carry a $5 late fee. Any outstanding balance over $100 will be charged 7.5% of the outstanding fee. Your account may also be temporally suspended, until your account is brought current.

10. Limitations of Liability
a. THE CHURCH ONLINE LLC shall not be liable to the Customer for any loss, damage, liability, claim or expense rising out of or in relation to this Agreement, the Services, or THE CHURCH ONLINE LLC equipment.
b. THE CHURCH ONLINE LLC does not guarantee service speeds on DSL services. Any service speeds quoted in this agreement are to be interpreted as estimates only, and do not guarantee the receipt of such speeds upon service delivery. Speeds listed are considered “Up to” speeds, and again are NOT guaranteed.
c. THE CHURCH ONLINE LLC does not guarantee actual dates of installation, or dates of service delivery. Any dates quoted by are meant as estimates only. THE CHURCH ONLINE LLC shall not be liable for any loss, damage, claim, or expense rising out of or in relation to installation dates, times, or any other scheduling factors.
d. THE CHURCH ONLINE LLC shall not be liable for any inside wiring issues.
Including, but not limited to loss of voice service, loss of a home alarm system access,
etc.

` 11. Self Installation Waiver
a. Customer agrees that THE CHURCH ONLINE LLC, its officers, employees, and channel partners are authorized to order a “self install” on the customer’s behalf whenever available, and releases them of responsibility for such tasks. “Self Install” shall be defined as a line, which may require the Customer to perform tasks including, but not limited to inside wiring, hardware installation, and other equipment configuration as necessary.
b. If a self-install is not possible, such as you have an alarm system on the line, or other
device hard wired to your line, a pro-install would be required

12. Customer Premises Equipment Return Policy
a. Equipment purchased from THE CHURCH ONLINE LLC and returned within
fourteen (14) days from the date of purchase with the original shipping invoice are eligible for refund or exchange. No refunds or exchanges are allowed after fourteen (14) days from the date of purchase. All items must be in new condition, including the original box, packaging, manuals and accessories. Products deemed defective after the 14-day period outlined above may be under Manufacturers warranty, consult your owners manual for details.
b. An open box fee equal to 15% of the purchase price will be charged on any opened item, unless the item is defective and exchanged for the exact same item (fee not applicable in Hawaii). The 15% open box fee will be assessed at the time of refund or exchange.
c. THE CHURCH ONLINE LLC will not accept the return or exchange of any item if the UPC code has been removed from the packaging.
d. Refunds on hardware will be issued in form of in-house account credit, unless otherwise requested and agreed to by THE CHURCH ONLINE LLC. Refunds on purchases made with a credit card will only be made as in-house account credit, or as a credit to the same card.

13. Notices
All notices given by any party or required under this agreement shall be in writing and addressed to:
THE CHURCH ONLINE
P0 Box 21
East Pittsburgh, Pa 15112-0021

14. Acceptable Use Policy
You agree that you will NOT use the Service to:
a. Upload, post, email, transmit or otherwise make available any content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
d. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
g. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
i. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. “Stalk” or otherwise harass another; or collect or store personal data about other users.
l. You understand and agree that any attempt to break security or to access an account which does not belong to you, will be considered a material breach of these Terms and Conditions, and such breach may result in suspension or termination of the Service, and possibly referral to law enforcement authorities. Unauthorized access to the Service, to restricted portions of the Service, or to the telecommunications or computer facilities used to deliver the Service, is a breach of these Terms and Conditions whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized
access or use of the Service, and you must take prompt remedial measures upon notice of potential breaches, of security.
m. Violations of THE CHURCH ONLINE LLC ‘Acceptable Use Policy may also be considered a material breach of these Terms and Conditions and may also result in suspension or termination of the Service.
n. THE CHURCH ONLINE LLC reserves the right to suspend or terminate the Service to you, or to suspend or terminate any electronic mail address, IP address, Universal Resource Locator or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of THE CHURCH ONLINE LLC.
o. Under no circumstances will THE CHURCH ONLINE LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service
p. Any form of a server will only be allowed on “business lines”. This includes Web servers, mail servers, file servers, etc. NO servers are allowed on a Residential line. If you are found running a server of any kind on a Residential line, you will be notified and moved to a business line. You will be billed for such service, and any additional fees, such as CPE fees.

15. Indemnity
You agree to indemnify and hold THE CHURCH ONLINE LLC and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third party due
to arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Service Agreement, your violation of the Acceptable Use Policy, or your violation of any rights of another.

16. Termination For Cause
THE CHURCH ONLINE LLC may immediately terminate all or a portion of your service, or suspend any or all access to all or a portion of the service, without notice, for conduct that THE CHURCH ONLINE LLC believes is: (a) illegal, fraudulent, harassing or abusive; (b) a violation of these Terms and Conditions, any policies or guidelines posted by THE CHURCH ONLINE LLC on the service; or (c) harmful to other users, third parties, the service, or the business interests of THE CHURCH ONLINE LLC If THE CHURCH ONLINE LLC has terminated a portion, but not all, of your access to the service for the foregoing reasons, you will nevertheless be responsible for the all charges for the service. Use of a service for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to the Customer. If you file a claim against THE CHURCH ONLINE LLC , or a claim that in any way involves THE CHURCH ONLINE LLC ,then THE CHURCH ONLINE LLC may terminate your service. Upon termination of your service, THE CHURCH ONLINE LLC will have no obligation to notify any third parties nor will THE CHURCH ONLINE LLC be responsible for any damages that may result or arise out of termination of your service. Termination or suspension by THE CHURCH ONLINE LLC of service to a Customer also constitutes termination or suspension (as applicable) of that Customers license to use the Software.

17. Modifications
THE CHURCH ONLINE LLC reserve the right to modify
or discontinue, temporarily or permanently, at any time and from time to time, the
Service (or any function or feature of the Service or any pal thereof) with or without
notice. You agree that THE CHURCH ONLINE LLC will not be liable to you or to any
third party for any such modification, suspension or discontinuance of the Service.
18. Additional Agreements
a. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
b. The customer may not sell, transfer, or assign this agreement without the prior written consent of THE CHURCH ONLINE LLC
c. Any alterations made to this agreement by the customer are null and void without the
signature of an authorized THE CHURCH ONLINE LLC employee. Furthermore, the
signed contract will remain in force (less the Customer alterations) according to the terms of THE CHURCH ONLINE LLC contract available by written request.
d. Customer agrees that by signing an agreement referencing these terms, customer is bound to all terms and conditions as outlined in this agreement.
e. The section titles and paragraph headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

19. Disclaimer of Warranties.
You expressly understand and agree that:
a. Your use of the service and/or software is at your sole risk. The service and/or
software are provided on an “as is” and “as available” basis. THE CHURCH ONLINE LLC expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. THE CHURCH ONLINE LLC makes no warranty that (i) the service and/or software will meet your requirements, (ii) the service will and/or software be uninterrupted, timely, secure, or error-free (for example, but without limitation, THE CHURCH ONLINE LLC does not warrant that you will always receive emails addressed to you), (iii) the results that may be obtained from the use of the service and/or software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service and/or software will meet your expectations, and any errors in the service and/or software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service/and or software is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from THE CHURCH ONLINE LLC or through or from the service and/or software will create any warranty not expressly stated in these terms and conditions.
Nothing contained in this policy shall be construed to limit THE CHURCH ONLINE LLC ‘S actions or remedies in any way with respect to any of the foregoing activities, and THE CHURCH ONLINE LLC reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from THE CHURCH ONLINE LLC’S service, and levying cancellation charges to cover THE CHURCH ONLINE LLC’S costs in the event of disconnection of dedicated access for the causes outlined above.