Terms and Conditions

1. Service. Communications Design Acquisition Corporation. d/b/a War Telecommunications (Company) will make available to Customer during the Term, the Services and Equipment (listed on reverse). Customer shall be responsible for providing premise wiring and all other equipment, including computer equipment, compatible with the Service. Company shall have no responsibility or liability for any of Customer's equipment, including any damage thereto, or loss or corruption of data, in connection with the installation of, connection to, or Customer's use of the Service.
2. Term; Termination.
   1. Commencing on the Effective Date, the Term of this Agreement shall be for the minimum number of months specified on the reverse. Upon expiration of the Term, Customer acknowledges and agrees that there is no obligation of Company to extend or renew the Term. At the end of the Term, this Agreement shall continue in effect on a month-to-month basis until terminated by either party upon thirty (30) days written notice. Should Customer breach or terminate this Agreement prior to the expiration of the Term, or should this Agreement be terminated pursuant to (b) below, the Early Termination Fee, in addition to any other Payments as may be outstanding or become due, shall be paid by Customer, in the amount of the Monthly Recurring Charge x number of months remaining in Term. No Early Termination Fee shall be applicable should Customer terminate the Service for the purpose of taking service from Company at a level for which higher monthly recurring charges are applicable.
   2. Company may suspend or terminate this Agreement without liability to Customer immediately in the event Customer; (i) is in default of this Agreement and fails to cure such default within fourteen (14) days following written notice; (ii) engages in fraud, criminal conduct or willful misconduct, or any unlawful activity in connection with the Service; or (iii) becomes insolvent, involved in any liquidation or business termination, is adjudicated a bankrupt or effects an assignment for the benefit of creditors.
3. Deposit; Payments. Customer shall make any Deposit specified on the reverse and pay one time installation/connection or other charges ("Non-recurring Charges") and the pro rata portion of the first month's Monthly Recurring Charge at the time of installation/connection and thereafter, the Monthly Recurring Charge, any Deposit as may be required to be made by Customer subsequent to installation/connection, upon presentation of Company's monthly invoice ("Due Date"). Any amount not paid within twenty-five (25) days of the Due Date shall be subject to a late charge ("Late Charge") of the lower of 18% per annum or the maximum lawful rate. Any applicable surcharge, whether federal state, local, use, excise, sales tax or similar levy, chargeable in connection with the Service to Customer, shall be charged to and paid by Customer ("Surcharges"). Non-recurring Charges, Monthly Recurring Charge, Late Charge, Surcharges, or other charges as provided by this Agreement, including the Early Termination Fee, are collectively referred to hereinafter as "Payments". Company may require a deposit or additional amounts to be deposited at any time during the Term upon review of Customer's record of Payments. Any deposit made by Customer, shall be returned upon termination of the Term to Customer after first applying the amount of deposit and any accrued interest (as may be required by applicable tariff provisions, laws, rules and regulations) to all Payments and any other amounts owed or owing to Company by Customer.
4. Default. Customer shall pay all loss, cost or damages, including the Early Termination Fee, due to or arising out of Customer's default hereunder, and shall pay all costs, including reasonable attorney's fees, of collection, enforcement, or the bringing of any action, suit or proceeding.
5. Interruption of Service Credit; Exclusive Remedy. Customer shall be entitled to a credit when Service is interrupted for more than four (4) consecutive hours ("Interruption of Service Credit"). The Interruption of Service Credit shall be calculated on the basis of a 30-day month, and a pro rata credit against the Monthly Recurring Charge shall be made as follows: (i) first four hours: none; (ii) four hours to eight hours: 1/6 day; (iii) each additional four hour period or fraction thereof: 1/ 6 day. An interruption shall be calculated from the time failed or inoperative Service is reported to Company and Customer has released the Service and provides access to Customer's premises/equipment for testing and repair, to the time Service is restored. The Interruption of Service Credit shall not exceed the Monthly Recurring Charge for such month when interruption has occurred. No Interruption of Service Credit shall be allowed for interruptions of Service due to suspension or termination due to default hereunder of Customer, or interruptions due to any act, omission, fault or negligence of Customer or any third party, the failure of power, equipment or systems provided by Customer or other third-parties, nor during any period in which the Company is not afforded access to the premises where the Service has been interrupted, nor during any system maintenance, rearrangements, or change in service.
6. No Warranty, Express or Implied; Limitation on Liability.
   1. The Services are provided without any warranty, express or implied, or representation that the Services, will be as described, fit for any particular purpose or use, or that the Services will not be disrupted, be subject to failure, result in data loss or corruption, or loss of connectivity to Customer, result in other loss, delay, or damage to Customer, whether foreseeable or unforeseeable.
   2. Customer is fully aware of, and acknowledges and agrees, that any use of the Services is at its own risk, and that it fully assumes any risk of loss, cost or damages of any kind or nature relating to, arising out of or in connection with, the Services. Customer acknowledges and agrees that information, merchandise, services offered or made available or accessible on the internet are offered, made available or accessible by third parties not affiliated with Company. Customer further acknowledges and agrees that Customer's transmission of confidential or sensitive information may not be secure, and that the speed and reliability of all transmissions over the internet is variable and beyond the control of Company. Customer is solely responsible for providing methods and procedures to verify that transmissions have occurred or to ensure confidentiality of data, and no such methods and procedures are included in the Service. Customer, by signing below, acknowledges and agrees that Company shall not be liable to Customer, whether during the Term or any time thereafter, for any loss, cost, damages (whether direct, indirect, consequential, special, incidental, actual or punitive or any lost profits of any kind) or claims, of any and every kind, arising out of or in connection with the Services. Customer agrees that its sole and exclusive remedy for any failure of performance by Company shall be the Interruption of Service Credit as provided in Section 5.
   3. Customer shall indemnify, defend and hold harmless Company from and against all loss, claims, costs or damages (whether direct, indirect, special, incidental, actual or punitive, including costs and attorneys fees), any and every action, suit or proceeding, or judgment, brought or made by any person or party arising out of or in connection with this Agreement or Customer's use of the Services.
7. Customer's Lawful Use of the Services. This Agreement is subject to all tariffs, rules, regulations, decisions and orders of the Maine Public Utilities Commission and Federal Communications Commission. Customer agrees that the Services are provided solely for the use of Customer. Customer shall lawfully use the Services, shall not engage in libel, slander, infringement of copyright, breach of confidentiality, invasion of privacy, violate any laws or regulations, whether municipal, state or federal, and shall not allow use of or access to the Services, by any other party or person.
8. Force Majeure. If Company's performance is impaired by any cause beyond Company's reasonable control, including without limitation, acts of God, fire, explosion, materially adverse weather conditions, inability to obtain needed utilities or services, accidents, breakdown of equipment, machinery or facilities, radiation, compliance with applicable law or regulation, public emergency, civil strife, war or strike, then Company performance shall be excused to the extent of such impairment ("Force Majeure"). Company shall resume performance within a reasonable time after cessation of any Force Majeure. If Company performance is impaired by Force Majeure for a period exceeding sixty (60) days, Customer may terminate this Agreement without liability for the Early Termination Fee.
9. Miscellaneous. This Agreement may not be assigned by either party without the prior written consent of the other party and any purported assignment shall be null and void; notwithstanding the foregoing, Company may may, without securing such consent, assign this Agreement and the obligations hereunder to any affiliate or successor of Company by way of merger, consolidation, or the sale of all or substantially all of its business and assets. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Maine. The provisions of Sections 6 and 7 shall survive any termination or expiration of this Agreement.