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Arvig Policies

Acceptable Use Policy

Introduction
This section of your User agreement details some of the basic rules of participation in the internet community and constitutes part of our terms of Use/Service. By your use of the Service, you agree to be bound by the terms of this Acceptable Use Policy. Arvig internet service (Arvig) reserves the sole and unconditional right to refuse, suspend or terminate Service to anyone who violates these rules as determined by Arvig, in its sole discretion.

1. Illegal Use – You agree not to use the Service for or in the pursuit of illegal purposes. Arvig cooperates with local and federal authorities in investigations into illegal internet use, and will take both criminal and civil legal action against Users who are determined to be using the Service in an unlawful way. You agree not to directly or indirectly allow a third party to use the Service in an illegal or unsuitable manner.

2. Harassment – You agree not to use the Service for harassment, threats, verbal abuse, and persistent unwanted contact of any kind. Harassment covers any use of the Service to directly or indirectly contact any other user (including users of another internet service) in an unwanted fashion. Harassment can be active, in forms such as unwanted email, chat messages, or verbal declarations on a public forum, or can be passive in the form of defamatory information posted on web sites.

3. Disruption/Hacking – You agree that You will not use, nor allow others to use, the Services to access the accounts of others or to attempt to penetrate security measures of the Services or access any other person’s computer or computer system, software, or data without their knowledge and consent (“hacking”) or to cause a disruption of service to other on-line users. You agree that You will not use, nor allow others to use, tools designed for compromising network security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.

4. Fraud/False Advertising – You agree not to post or transmit fraudulent information on or through the Service. This can include false advertising, identity theft, or misrepresentation of any kind including phishing, forged email headers or fictitious email addresses.

5. Unsolicited Advertising/Spamming – You agree not to post or transmit any unsolicited material through any active medium such as email, chat, messaging, chain letters, advertisements, jokes, etc. Arvig does not tolerate unsolicited mass emailing (spamming) of any kind, and the use of any of Arvig Services for this purpose is strictly prohibited. To assist Arvig in preventing spamming, Arvig may limit the number of recipients allowed per email and/or limit the number of emails You can send over a short period of time. Content falling in this category is defined by the receiving users desire to be contacted in the specified manner, so use good judgment if you are sending to mailing lists. You further agree not to collect or harvest account information without the expressed consent of those from whom you collect the information.

6. Disruptive Content – You agree not to post or transmit any disruptive content. Certain kinds of content broadcast or displayed on the internet can generate a great deal of disruption and reaction from the internet community as a whole. This can include, but is not limited to, material that is considered obscene, offensive, or extremely controversial. While Arvig does not actively censor its Users, the reaction this material can generate can be expensive and time consuming, and as such makes the continued support of Users generating this kind of content of questionable business value to Arvig. You understand and agree that Arvig may suspend or terminate your Service should your usage result in significant complaint or constitute disruptive content, as determined by Arvig in its sole discretion, from the internet community at large.

7. Extended Connections and Multiple Logins – For Dialup services, You agree not to use the Service for extended periods of time or to login to an account more than one time simultaneously. You also agree not to use this Service in a standby or inactive mode. Use of programs intended to keep You online while your computer is unattended is prohibited. This Service is intended for personal, periodic, and active use of the World Wide Web, email, news groups, games and file transfers; You may stay connected so long as You are using the Service for this purpose. Arvig reserves the right to terminate the Service at any time if it determines you are using the Service for extended connections and multiple logins.

8. Use of Servers – Unless you are an Arvig Business Customer, You agree that You will not establish or operate a web server, email server, FTP server, file server or run any other server applications and/or software providing server-like functionality in connection with the Service. Interpretation will be at the sole discretion of Arvig.

9. Excessive Bandwidth – Unless you are a Arvig Business Customer, You agree that You will not use continued and sustained excessive bandwidth as defined by the Arvig Terms of Use/Service in connection with Your use of the Service. If Arvig determines, in its sole discretion, that You are using a continuous and sustained excessive amount of bandwidth as defined by the Arvig Terms of Use/Service or You are violating any of the above terms, Arvig may take some or all of the following actions, in its sole discretion:

a. Seek a clarification of Your activity patterns;
b. Restrict Your continuous bandwidth utilization to the amount permitted by the Arvig Terms of Use/Service;
c. Require you to upgrade to a higher service;
d. Terminate your Service.

10. Reselling or Reconfiguring the Service – You may not resell the Service or redistribute or reconfigure the Service to allow others to use the Service in an illegal, fraudulent or inappropriate manner. Interpretation will be at the sole discretion of Arvig.

11. Excessive Use of Arvig Outbound SMTP Mail Servers – Arvig does not back up or guarantee delivery of email messages or attachments. Important messages or files should be downloaded and saved. Arvig reserves the right, at its sole discretion to drop, quarantine, delay or halt the delivery of email it deems malicious, harmful or spam. Incoming messages are not limited in size. Outgoing emails are limited to 50MB.
Use of outbound SMTP servers is restricted to:
(a) 100 recipients per message;
(b) 250 outbound mail messages per hour.
At its sole discretion, Arvig may temporarily suspend or remove email accounts that are believed to be engaged in the distribution of spam.

12. Copyright Infringement – Arvig respects the intellectual property rights of others and expects You to do the same. It is a violation of this Acceptable Use Policy to use the Service to unlawfully transmit or store copyrighted material. If Arvig has a reasonable belief, in its sole judgment, that You have violated this Acceptable Use Policy, Arvig shall take action as follows:

(a) First offense – Arvig attempt to notify You and provide a copy of the complaint, and assist You in removing the infringing material and/or securing Your wireless network;
(b) Subsequent offenses – Arvig will take additional measures as it deems appropriate to enforce its Acceptable Use Policy, including restriction of peer file sharing activities, suspension of service, and termination of service.

These actions are in addition to and not instead of any and all other remedies that we, or others, may have against You under the law. If you believe your work has been copied in any way that constitutes infringement, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) Identification of where the material (including the URL if possible) that you claim is infringing is located;
(d) Your address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement can be reached:
By mail: Arvig
Manager of Technical Operations
150 Second Street SW
Perham, MN 56573
Phone: 218.346.8197
Email: dmca@arvig.com

13. Network Management — Arvig may monitor the usage, bandwidth, transmissions and content of the Service periodically to:

a. comply with any necessary laws, regulations or other governmental requests,
b. operate the Service properly,
c. provide technical support or troubleshoot Service issues, or
d. to protect itself, its network and its customers and subscribers.

14. Reporting Other Abuse –To report other abuse of this Acceptable Use Policy (other than copyright infringement) – please email us at abuse@arvig.com.

©Arvig 2023

Automated RTBH

OVERVIEW: This document describes the Arvig implementation process of Automated Remote-Triggered Black Hole (RTBH) configuration, troubleshooting and verifications. Automated RTBH is a method used to block unwanted traffic from a specific host address destination, by directing traffic to a Null0 interface. The Black Hole routing mitigates the Denial of Service (DoS) attack but will also drop all legitimate traffic destined for the host address.

Arvig’s Automated RTBH allows customers to remain hands off during a DoS event. Each customer will have their own managed object setup and each managed object will have the customer allowed prefixes listed. The managed object is set up with a host detection profile that defines the thresholds for each attack type. When a threshold is reached for an attack type, Arvig’s Automated RTBH will elevate an alert to high, for the prefix being attacked. At that point, Arvig’s Automated RTBH will advertise a host prefix with the Arvig RTBH community and distribute to all border routers. Arvig border routers will then Black Hole traffic destined to the prefix being attacked. The Black Hole route will persist until the attack ends.

REQUIREMENTS:

  • Customer must have an active business internet connection with Arvig
  • Customer should contact their Arvig account representative to initiate Automated RTBH
  • Only customers registered prefixes are allowed

EXCLUSIONS:

  • Black Hole mitigation will disrupt all traffic to the host (IPv4 /32, IPv6 /128) prefix
  • Arvig will not forward RTBH prefixes to Arvig Transit or IXP neighbors, the prefix will be published to all Arvig border routers only

PROCESS: Once Arvig’s Automated RTBH identifies a DoS attack and the level of the attack is elevated to a high status Arvig’s Automated RTBH will send the host prefix with the Arvig RTBH community. Arvig’s neighbor router will install the prefix attribute by setting the next-hop address to either 192.0.2.1/32 for IPv4 or 100::1/128 for IPv6. All packets forwarded to the next-hop address of 192.0.2.1/32 or 100::1/128 will be directed to the Null0 interface. All traffic to Null0 will be dropped and all of Arvig’s border routers will be updated with the appropriate Null0 route for the customer prefix.

Once the attack ends, Arvig’s Automated RTBH will retract the BGP advertisement of the host prefix, and the Null0 route will be removed from all border routers as fast as BGP updates occur.

©Arvig 2023

BGP Community Based RTBH

OVERVIEW: Arvig Border Gateway Protocol (BGP) Community Based Remote-Triggered Black Hole (RTBH) is a method that allows network administrators to block unwanted traffic to a specific host address destination. This is done by directing traffic to a Null0 interface. The Black Hole routing mitigates the Denial of Service (DoS) attack and it also drops all legitimate traffic destined for the host address.

The use of Border Gateway Protocol (BGP) Communities allows network administrators to determine which host prefix should be Black-Holed, when it should start and when it should be removed.

REQUIREMENTS:

  • Customer must have an active business internet connection with Arvig
  • Customer must have a BGP peering relationship with Arvig
  • Only host prefixes are supported with the Arvig RTBH BGP community: IPv4 (/32) or IPv6 (/128)
  • Send BGP Community 16904:666 with the host prefix to be Black-Holed

EXCLUSIONS:

  • If Arvig receives a host prefix without RTBH community, the host route will be dropped
  • If Arvig receives a prefix with a mask length of /24 or shorter with the RTBH community, the RTBH community will be removed from the community list
  • If Arvig receives a prefix not authorized by the customer the prefix will be dropped.
  • Arvig will not forward customer RTBH prefixes to Arvig transit or IXP neighbors, the prefix will be published to all Arvig border routers only

PROCESS: Once Arvig receives a valid host prefix with the RTBH community from the customer via BGP, Arvig’s router will install the prefix attribute by setting the next-hop address. All traffic to Null0 will be dropped. Arvig’s border routers will be updated with the appropriate Null0 route for the customer prefix. Once the customer removes the advertisement of the valid host prefix with RTBH, Arvig will then remove the Null0 route from all border routers as fast as BGP updates occur.

©Arvig 2023

BGP Routing Policy

This document will cover the BGP policies implemented by Arvig. It describes customer requirements and recommendations, communities customers can utilize and routing policies used.

IRR (Routing Registry)
Arvig recommends that all BGP customers register each route they plan to advertise with an IRR. RADB and ARIN are suitable IRRs. You may prefer to use ARIN if you have direct allocations. Arvig currently uses RADB, which allows Arvig to proxy for customers. However, do not rely on it, as this may change in the future. Make sure your ARIN allocation has the proper OriginAS attribute set to your ASN.

Resources

Note: Please make sure all of your Route Objects (ROs) are registered under your ASN.

RPKI
Resource Public Key Infrastructure (RPKI) is an opt-in service at ARIN that provides security for internet routing. RPKI allows IP address holders to specify which Autonomous Systems (ASes) are authorized to originate their IP address prefixes.

Resources

Arvig is working towards utilizing RPKI for route validation, just as a number of Tier 1 providers have already completed. Arvig currently has ROAs created for all prefixes that are direct allocations to Arvig. Customers with their own direct allocations from ARIN are not currently required to create ROAs for their prefixes. Although not required today, in the future Arvig will be filtering out all bad routes that do not match an announced ROA.

IPv4 Routing Policies
Customers can choose to receive a full internet routing table, default only or both. If a customer requires a full internet table, they need to make sure their router has the capability to support it.

Inbound
Arvig will accept only prefixes with a length of /24 or shorter. Arvig will allow host /32 prefixes for RTBH, as long as the community 16904:666 is set. Arvig will explicitly restrict prefixes registered to the customer.

Outbound
Arvig will announce prefixes with a length of /24 or shorter to our peers. All Arvig announcements will be registered in an IRR, and be included under the as-set AS-ARVIG.

IPv6 Routing Policies
Customers can choose to receive a full internet routing table, default only or both. If a customer requires a full internet table, they need to make sure their router has the capability to support it.

Inbound
Arvig will accept /48 and shorter prefixes from our peers. Arvig will allow host /128 prefixes for RTBH, as long as the community 16904:666 is set. Arvig will explicitly restrict prefixes registered to the customer.

Outbound
Arvig will announce /48 and shorter prefixes to our peers. All Arvig announcements will be registered in an IRR, and be included under the as-set AS-ARVIG.

Bogon Filtering
Arvig will not accept BOGON prefix announcements from eBGP peers. Arvig will also not accept announcements that include BOGON ASNs.

BFD
Arvig will support BFD for neighbor configurations upon request.

Route Dampening
Arvig does not use BGP route dampening.

MEDs
Arvig will accept meds from its customers.

Blackhole Service
Customers may announce IPv4 and IPv6 host prefixes tagged with the BGP community. 16904:666. Traffic destined to a host route tagged with this community will be dropped once it reaches our network. By default, peers are configured to allow for blackhole functionality.

Graceful BGP Shutdown
To reduce the amount of traffic lost when BGP sessions are about to be shut down deliberately, e.g., for planned maintenance, Arvig supports receiving and honoring the Graceful Shutdown BGP community 65535:0 (also known as “GRACEFUL_SHUTDOWN”) on all EBGP sessions.

Customer Community Controls
All Arvig communities used are removed prior to advertising prefixes to all peers. Customers are allowed to prepend their own AS. Studies have shown prepending more than 2 times does not provide any additional benefit.

NANOG N80 AS Prepending reference links

Click to download the route information to easily copy and paste it into your system.

*Arvig reserves the right to modify this policy without prior notice.

©Arvig 2023

Business Internet Acceptable Use

Introduction
By your use of Internet access service provided by Arvig Enterprises to or through any customer under a contract, agreement or other terms (Customer Contract), you agree to be bound by the terms of this Acceptable Use Policy to the extent that the terms herein are not in conflict with the terms of the current Service Agreement. In the case of such conflict, the terms of the current Customer Contract shall take precedence. The term “Service” refers to such internet access service. The terms “Arvig”, “we” and “our” refer to any company controlled by Arvig and/or through which Customer accesses the Service. The terms “Customer” and “You” refer to any subscriber to the Service, and the term “User” refers to any person or entity using the Service through use of or access to your premises, network or any equipment owned or leased by you or under your control. Arvig reserves the sole and unconditional right to refuse, suspend or terminate Service to anyone who violates these rules as determined by Arvig, at its sole discretion.

These Policies apply to all Customers and to all Users, whether or not authorized by Customer to use the Service. By ordering and using the Service, You are presumed to have accepted these Policies on behalf of yourself and all Users. You agree to inform all of your employees, contractors, consultants, agents, and any other persons who you reasonably expect to use the Service of these Policies. You agree to notify Arvig immediately if you become aware of any violation of these Policies by any user. You are solely responsible for any failure of any User to comply with these Policies, and you agree to hold Arvig and each of Arvig’s affiliates, contractors, subcontractors, licensors and suppliers, owners, officers, directors, employees, agents or representatives of any of the foregoing and each successor and assignee of the foregoing (collectively, “Arvig Parties”), harmless from such failure. These Policies supplement, but do not supersede, any other contracts you have with Arvig; and, if any such contract restricts any use of the Service that is not addressed in these Policies, such contract will govern with respect to such use.

Arvig reserves the right to immediately terminate the Service and any agreement or take any other lawful measures that it believes, in its sole discretion, are warranted if You or any User engage in any of the prohibited activities listed in these Policies, or use any Equipment or the Service in any way which is contrary to any of Arvig’s policies or any of Arvig’s suppliers’ policies. In such an event, termination or other charges may apply. In addition, you and all Users must strictly adhere to any policies set forth by any other service provider accessed through the Service.

1. Prohibited Uses – Using the Service in any manner described below is prohibited under these Policies. The descriptions below are guidelines and are not intended to be exhaustive.

2. Illegal Use/Criminal Activity – Customer agrees not to use the Service for or in the pursuit of illegal purposes. Arvig cooperates with local and federal authorities in investigations into illegal Internet use; and will take both criminal and civil legal action against Users who are determined to be using the Service in an unlawful way. Customer agrees not to directly or indirectly allow a third party to use the Service in an illegal or unsuitable manner.

3. Threats – Neither Customer nor any User may use the Service to host, post, or transmit materials of a threatening or violent nature, including threats of death or physical harm, harassment, libel, and defamation, or materials that provide guidance, information or assistance with respect to causing damage or security breaches to Arvig’s network or the network of any other Internet Service Provider. You agree not to use the Service for harassment, threats, verbal abuse, and persistent unwanted contact of any kind. Harassment covers any use of the Service to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active, in forms such as unwanted email, chat messages, or verbal declarations on a public forum, or can be passive in the form of defamatory information posted on websites.

4. Security Violations— Neither Customer nor any User may use the Service in connection with attempts—whether or not successful—to violate the security of Arvig’s or another person’s network, server, personal computer, network access or control devices, software or data, service, or other system.

5. Disruption/Hacking — You agree that You will not use, nor allow others to use, the Services to access the accounts of others or to attempt to penetrate security measures of the Services or access any other person’s computer or computer system, software, or data without their knowledge and consent (“hacking”) or to cause a disruption of service to other online users. You agree that You will not use, nor allow others to use, tools designed for compromising network security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.

6. Fraud/False Advertising — You agree not to post or transmit fraudulent information on or through the Service. This can include false advertising, identity theft, or misrepresentation of any kind including phishing, forged email headers or fictitious email addresses.

7. Unsolicited Advertising/Spamming — Arvig does not tolerate unsolicited mass emailing (Spamming) of any kind, and the use of any of Arvig Services for this purpose is strictly prohibited.

8. Offensive Materials — Neither Customer nor any User may use the Service for the hosting, posting, transmission, or distribution of offensive materials. This can include, but is not limited to, material that is considered obscene, pornographic, indecent, hateful, malicious, racist, offensive, and treasonous materials.

9. Interference — You and each User shall not use the Service in a manner that interferes with any communications network or the usage or enjoyment of services received by others. You are Responsible for the Security of Your Computers and Data and to Take Measures to Protect Against Viruses.

10. Network Management Practices — Arvig manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. If Arvig did not manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of these Policies, Arvig can deliver the best possible broadband Internet experience to all of its customers.

The company uses reasonable network management practices that are consistent with industry standards. While Arvig tries to use tools and technologies that are minimally intrusive, its network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet. The tools and techniques Arvig uses to manage its network can and do change frequently.

Arvig reserves the right to suspend or terminate Service accounts where bandwidth consumption is not characteristic of a typical user of the Service as determined by Arvig in its sole discretion. You must ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, or represent (as determined by Arvig in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Arvig’s ability to deliver and monitor the Service or any part of its network.

If you use the Service in violation of the restrictions referenced herein, that is a violation of these Policies. In these cases, Arvig may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a different version of the Service if you wish to continue to use the Service at higher bandwidth consumption levels. Arvig may also provide versions of the Service with different speed and bandwidth consumption limitations, among other characteristics, subject to applicable Service plans.

Arvig reserves the right to investigate suspected violations of these Policies, including the gathering of information from the User or Users involved. During an investigation, Arvig may suspend the account or accounts involved and/or remove or block material that potentially violates these Policies. You expressly authorize and consent to Arvig and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce these Policies. Upon termination of your Service account, Arvig is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

You must ensure that your or any User’s activities do not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole judgment of Arvig) an unusually large burden on the Service as a whole. In addition, you must ensure that your or any User’s activities do not improperly restrict, inhibit, disrupt, degrade or impede Arvig’s ability to deliver, manage and administer the Service.

11. Security — Users of the Service are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates these Policies and for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

You are solely responsible for the security of any computer or device you use in connection with the Service and any data stored or software installed on that computer or device to prevent use by others in a manner that violates these Policies. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute spam, and improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.

Each subscriber and user is solely responsible for the security of his or her computers and connected devices and communications or other activities using the Service. You assume all risk of accessing content through the Service. Arvig and its affiliates, licensors, contractors and suppliers do not assume any responsibility for the content contained on the Internet or otherwise available through the Service and they shall not have any liability for any claims relating to access to such content. Content questions or complaints should be addressed to the content provider.

12. Internet Access — You and each User must comply with the rules of websites and other resources you or any User access. The Service may provide access to search engines, subscription services, newsgroups, chat areas, bulletin boards, Web pages and other resources that publish terms of use, policies, rules, guidelines or agreements to govern their use. You and each User must review and adhere to any such terms, policies, rules, guidelines and agreements, which may include standards unique for the particular resource. In addition, the use of any software or content in connection with or through the Service must be in accordance with any applicable license agreements or terms of use.

13. Network Management — Arvig may monitor the usage, bandwidth, transmissions and content of the Service periodically to:

i. comply with any necessary laws, regulations or other governmental requests,
ii. operate the Service properly,
iii. provide technical support or troubleshoot Service issues, or
iv. to protect itself, its network and its customers and subscribers.

14. Bandwidth and Data Storage — You and each User must comply with bandwidth usage, data storage and other limitations on the Service. If Arvig determines, in its sole discretion, that You are using a continuous and sustained excessive amount of bandwidth as defined by the Arvig Master Service Agreement or You are violating any of the terms herein, Arvig may take some or all of the following actions, in its sole discretion: 1) Seek a clarification of Your activity patterns; 2)Restrict Your continuous bandwidth utilization to the amount permitted by the Arvig Terms of Service; 3) Require you to upgrade to a higher service; 4) Terminate your Service.

15. Reselling or Reconfiguring the Service — Unless expressly permitted in a written agreement with Arvig, neither you nor any User may resell, share, or otherwise distribute the Service or any part of it to any third party. For example, you cannot use the Service to provide Internet access to others, host shell accounts over the Internet, provide email or news service or send a news feed.

16. Use of Arvig Hosted Email Servers – Arvig may remove email and email accounts that have not been active for 180 days. Arvig does not back up or guarantee delivery of email messages or attachments. Important messages or files should be downloaded and saved. Arvig reserves the right, at its sole discretion to drop, quarantine, delay or halt the delivery of email it deems malicious, harmful or spam. Incoming messages are not limited in size. Outgoing emails are limited to 50Mb.
Use of outbound SMTP servers is restricted to:
(a) 100 recipients per message;
(b) 250 outbound mail messages per hour.
At its sole discretion, Arvig may temporarily suspend or remove email accounts that are believed to be engaged in the distribution of spam.

17. Indirect Access — The IP addresses provided for the Service will continue to be the property of Arvig or its suppliers and are not transferable by you. IP address assignments are not guaranteed, and may be modified as required by Arvig, the American Registry for Internet Numbers (ARIN) or any other relevant authority, agency or organization. Arvig does not promise that any IP address provided for use with the Service will not be blocked by third parties. If you believe that an IP address be blocked due to actions performed by the person to which it was assigned before you, then, if requested by you, Arvig will, if reasonably feasible, make a direct request to the blocking party to have the IP address unblocked, but cannot guarantee that such party will respond favorably to the request. Any IP address blocked because of actions by you or any User while that address is assigned to you is entirely your responsibility and Arvig will not be obligated to take any action to assist in having the IP address unblocked. In all cases, Arvig does not promise that any IP address provided will be suitable for any activity, task or purpose intended or desired by you or any User.

18. Arvig Marks — Neither you nor any User may use any of the corporate or business names, logos or trade or service names or marks of Arvig or any of its affiliates, licensors, contractors or suppliers unless and to the extent you are expressly and specifically authorized to do so by a written agreement with us or the owner of such name, logo or mark.

19. Copyright Infringement — Arvig respects the intellectual property rights of third parties, including those granted under the U.S. copyright laws, and the interests of its subscribers and content providers on the Internet. Neither you nor any User may store material of any type or in any format on Arvig’s systems or servers, disseminate or transmit any content or engage in any activity that constitutes an infringement of third-party intellectual property rights, or privacy rights of Arvig or any individual, group or entity, including but not limited to any rights protected by any patent, trademark, copyright, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, it is the policy of Arvig to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third-party intellectual property rights, including repeat infringers. Appropriate circumstances for such termination may include, but are not limited to,

i. a subscriber or account holder being found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer;
ii. Arvig receiving a notice alleging facts which are a violation by the subscriber or account holder of Arvig’s Copyright and Trademark Policy prohibiting infringing activity involving Arvig systems or servers, where such allegations are not refuted to our satisfaction or;
iii. other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Arvig expressly reserves the right to terminate or suspend the Service of any subscriber or account holder if Arvig, in its sole judgment, believes that circumstances relating to the infringement of third-party intellectual property rights warrant such action.

These policies are in addition to and do not affect or modify any other rights Arvig may have under law or contract. If you believe that copyrighted material has been used in violation of these Policies or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please provide our Copyright Agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • Identification of where the material (including the URL if possible) that you claim is infringing is located;
  • Your address, telephone number and email address;
  • A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement can be reached:
By mail:
John Ketelhut
Arvig Internet Services
150 Second Street SW, Perham, MN 56573
Phone: 218.346.8197
Email: dmca@arvig.com

20. Reporting Other Abuse — To report other abuse of this Acceptable Use Policy (other than copyright infringement) – please email us at abuse@arvig.com.

21. Warranties/Disclaimers — Anyone who uses the Service is doing so “as is” with no guarantees and no warranty of any kind. Because Arvig does not own or control the Internet, Arvig cannot and does not accept any responsibility for injury to you or any User that results from inaccurate, unsuitable or offensive Internet communications. It is up to you to control your use of this Service and to make appropriate use of monitoring software that is available from many third-party vendors that can provide filtering and parental control for offensive material. None of the Arvig Parties has any intention of being financially liable to any customer or user for any harm that may occur through the use of the Service, regardless of whose fault it may be. In addition, none of the Arvig Parties is responsible for backups of customers’ and users’ files and other information, and Arvig has the right to delete any information after a customer’s service agreement is terminated.

22. No Waiver — The failure of Arvig to enforce these Polices, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any part of these Policies is held invalid or unenforceable, such portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

©Arvig 2023

CCPA Privacy Notice For California Consumers

Arvig Enterprise, Inc. (“Arvig”, “we”, “us” or “our”) is providing this Privacy Rights Notice for California Consumers (“CCPA Privacy Notice”) to notify you of our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 (CPRA) and to explain the rights available to you under the CCPA/CPRA. This Notice applies to Personal Information that we collect from Consumers. “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Consumer” means a person who is a California resident. For purposes of this CCPA / CPRA Privacy Notice when we refer to “you” or “your” we mean a Consumer.

This Notice does not apply with respect to Personal Information we collect from our employees, independent contractors or job applicants.

Information We Collect
We have collected the following categories of Personal Information from Consumers within the last twelve (12) months:

Policies: CCPA Policy

Personal Information does not include deidentified or aggregated consumer information.

We obtain the categories of Personal Information listed above from the following categories of sources, as more fully described in our Privacy Policy:

  • Directly from you when you visit our website, fill in forms on our websites or submit information through our websites, including by posting reviews or other information.
  • Directly from you when you sign up for an account on our websites or purchase our products or services.
  • Indirectly from you through website usage details collected automatically, online searches you conduct or your interaction with ads that we place on websites or other media or your interaction with ads, including video ads, we send to you or make available to you. For example, we may collect information about your use of our websites through cookies, which are information files stored on your computer that help websites remember who you are and information about your visit.
  • Directly from you when you communicate with us, including by phone, email, text message, messaging application, social media, through our mobile applications or through other means.
  • From third parties with whom we interact in connection with the Services we perform.
  • From your social media account. When you use a social network login to access our services, you may share certain Personal Information from your social media account with us, for example, your name, email address, photos, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your services account. The specific information shared depends on your security settings and the privacy policy of your social media network.
  • From third-party data providers when they share information with us.

Sensitive Personal Information
Certain information we collect from our clients may be considered “Sensitive Personal Information” under the CCPR/CPRA, including credit card or account information and the content of certain communications between our clients and other Consumers. We collect and store such Sensitive Personal Information solely to collect payments and to provide services to our clients.

Purposes for the Collection and/or Use of Personal Information
We may collect and use the Personal Information or Sensitive Personal Information we collect for one or more of the following purposes, as more fully described in our Privacy Policy:

  • To provide the products and services you purchase and/or request.
  • To provide you with customer service, including responding to your requests for services or for information or to otherwise communicate with you.
  • To advertise or promote your business on third party search engines, social media sites and other relevant business websites on your behalf or to register a domain name on your behalf.
  • To personalize your website experience by serving you with content, offers and advertising relevant to your interests.
  • To track your usage of and interaction with our websites, communications, ads, including video ads, products and services.
  • To respond to law enforcement requests, court orders and as otherwise necessary to comply with laws and regulations.
  • For our internal purposes such as accounting, auditing, data analysis, and research to improve and develop our products, services, content, advertising, and communications.
  • As otherwise described to you when collecting your Personal Information or as subsequently agreed to by you.

Disclosure of Personal Information
We may disclose the categories of Personal Information we collect to third parties, including our service providers and vendors, for various business purposes. When we disclose Personal Information for a business purpose, we require the recipient to adhere to security and confidentiality obligations and not to use or process such Personal Information other than for a specified business purpose and in accordance with our instructions. See the section entitled “Information Sharing” in our Privacy Policy for more information as to these disclosures.

Sale and Sharing of Personal Information; Exercising Your Opt-Out Rights
Under the CCPA / CPRA, certain transfers or sharing of Personal Information may constitute “selling” when such Personal Information is disclosed to a third party for monetary or other valuable consideration or “sharing” when such Personal Information is disclosed to a third party for purposes of targeted, or cross-contextual, advertising.

We may “sell” or “share” your Personal Information with third party digital advertising networks in order to serve you content, offers and advertising relevant to your interests. Specifically, that includes sharing Identifiers – such as your Internet Protocol address, email address and/or phone number; or Internet activity – including your browsing history, search history and/or information as to your interaction with our websites, marketing or advertising.

Under the CCPA / CPRA, you have the right to opt-out from the sale or sharing of your Personal Information. If you would like to exercise your right to opt-out, call 888.992.7844 or email answers@arvig.com.

Exercising Your Information Access and Information Deletion Rights
Under the CCPA / CPRA, you have certain rights with respect to your Personal Information collected and maintained by us, including: (i) the right to access your Personal Information, (ii) the right to information about the Personal Information we have collected, (iii) the right to delete your Personal Information, and (iv) the right to correct your Personal information.

You have the right to limit the use and disclosure of your Sensitive Personal Information to the purpose of providing you with services. We only collect, use and disclose Sensitive Personal Information of Consumers for purposes of providing our services. Therefore, we are not required to provide you with the right to limit use of Sensitive Personal Information.

To exercise these rights described above, please submit a verifiable request to us by either of the following methods:

Only you or a person authorized to act on your behalf may make a verifiable request related to your Personal Information. You may also make a verifiable request on behalf of your minor child. If you are making a request as an authorized person for someone else, please provide us with information sufficient to demonstrate your authority to act on behalf of such person.

You may make a verifiable request for information access not more than twice within any 12-month period. The verifiable request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of such person; and
  • Include sufficient detail that allows us to properly understand, evaluate and respond to the request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information related to you.

Making a verifiable request does not require you to create an account with us. However, if you have an account with us, we may require you to log-in to your account in order to verify your identity or authority to request access to or deletion of your Personal Information.

We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable request within forty-five (45) days of our receipt of the request. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the date of our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For requests to access your Personal Information, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity.

Retention of Personal Information
We store your Personal Information as reasonably necessary and proportionate to accomplish the purposes identified in this Notice and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Arvig as a Service Provider
Arvig acts as a service provider to our clients. When acting in this capacity, we process personal information on behalf of our clients and we have no direct relationship with the end-users who use our clients’ services or products or visit our clients’ websites.

Contact Us
For any questions or concerns about this Notice or about Arvig’s privacy practices, please contact us at answers@arvig.com.

@Arvig 2023

Communications Battery Backup Policy

Effective November 1, 2016, Arvig phone service for our residential customers will include the option to order a Battery Backup Unit (BBU), also known as an Uninterruptible Power Supply (UPS). Electrical power is required for Arvig phone service to work in areas using a Multimedia Terminal Adapter (MTA) or Fiber to the Home (FTTH). If there is a commercial power outage, the service will not process calls, including those to 911 if you do not have the BBU installed.

A BBU, with an active battery, will provide temporary backup power (up to 8 hours) for the devices in your home that provide voice services, as well as access to dial Emergency 911. The BBU does not guarantee service if the network is not operating. A corded phone must be plugged into the phone connection in order to place a call when the BBU is installed.

The BBU can be purchased from Arvig by calling 888.992.7844, or by inquiring at one of our local stores. If you would like Arvig to install the unit normal trip & time charges apply.

You are responsible for monitoring the status of the BBU and for ensuring that the battery is charging normally.

Battery Status Light Conditions:

  • Green and flashing: The installed battery is charging, it will take a few hours for the battery to fully charge.
  • Steady green light: Indicates a fully charged battery.
  • Amber light: The battery is discharging or not able to charge. The battery should be replaced.

Replacement batteries can be purchased from Arvig by calling 888.992.7844. You have the option of installing the replacement yourself or Arvig will install them for you. Normal trip and time charges will apply.

Battery Replacement Instructions

FTTH:

MTA:

©Arvig 2023

DMCA FAQ

What is the DMCA?
DMCA stands for Digital Millennium Copyright Act. It is a federal law that protects all forms of copyrighted material (music, movies, television programs, software, etc.) from unlawful reproduction online.

Why have I received a notice from Arvig?
When you use a “peer-to-peer” file sharing program to upload or download a file, the IP address associated with your account is stored on the file sharing program’s website. Entities that represent copyright owners search these registries to determine if any of their copyrighted works may have been illegally shared. When these entities determine that one of their copyrighted works may have been illegally shared, using the IP address stored by the peer-to-peer site, they contact Arvig as the internet service provider, or ISP, who maintains the IP address advising us that one of our users may have illegally shared a copyrighted work. Under the DMCA, Arvig is required to pass along this notice of alleged infringement to you.

In accordance with our Acceptable Use Policy, we then send you a notice that Arvig has received a notice of violation and request that you, the subscriber, remove the infringing material from your computer. You have received a notice because we have been alerted by one of the aforementioned copyright-policing entities that your IP address is connected with a DMCA violation, the specifics of which may be found in the letter you received. We do not provide them with your name or address unless we have received a subpoena.

What is the next step?
If you have received a notice from Arvig alleging copyright infringement, please remove the infringing material from your computer and refrain from future unauthorized downloading and/or sharing of copyrighted files. If you continue to engage in copyright infringement online, your account will be suspended.

I have not engaged in unlawful downloading or sharing of copyrighted material. What should I do?
Check your computer to make sure that the material referenced in the letter is not there. If you find that it is, but you do not know how it got there, delete the material, notify Arvig that you have deleted the material by sending an email to dmca@arvig.com, and make sure your antivirus and/or anti-spyware software is working properly.

Also, check with anyone who you may have authorized to use your computer and/or wireless connection to make sure they are not engaging in unauthorized downloading and/or sharing of copyrighted material.

I have the alleged material on my computer, but I obtained it legally. Why have I been linked to a DMCA violation?
If you have peer-to-peer file sharing software on your computer, it may be automatically adding your legally-obtained files to its server, making them available illegally to other users. Most file-sharing programs, when they are installed, automatically scan your hard drive for files to share with the rest of the world. You need to disable this feature. If you are unable to keep the software from offering your files for download, you may want to consider removing the software from your computer.

There are other reasons why you may wish to disable file-sharing. Some file-sharing sites will download spyware to your computer giving others, including hackers, access to your personal files and programs. If you have used a peer-to-peer service, you should be running anti-spyware and antivirus programs. Additionally, since file-sharing uses a lot of network bandwidth, letting file-sharing programs run in the background will cause your connection to appear to run slowly.

If your DMCA violation involves a piece of software that you purchased online, make sure that the provider of the software is legitimate. Some websites offering software for purchase are actually “Warez” sites, offering pirated software for purchase at discounted prices.

I am using a fee-based service to download the files. Since I pay the fee, doesn’t that allow me to download the copyrighted material legally?
In some cases, when you pay a fee for upgraded peer-to-peer services, that fee only pays for the license for that software—not for the content you are downloading. If you have purchased an upgraded version of a peer-to-peer program, be sure to read the End User License Agreement (“EULA”). The EULA should tell you whether or not paying the fee for the software will allow you to legally download copyrighted material.

I have checked my computer and I am not running any file-sharing programs and I do not have the content on my PC. Is there another way that it can look like I am sharing files?
If you are running a wireless router on your internet connection, then it is possible that someone else is using your access to share files. This is because the IP address that is assigned to you actually resides on the router and not on your PC. In order to stop unwanted sharing on your wireless network, please consider taking the following precautions:

  • When you first activate your wireless router, log onto your router with the directions given in the manual and change the admin password.
  • Enable security on your router (normally WPA2) so that users need to be authenticated on your wireless network with a “key” that is either defined by the router or a pass-phrase that you can define.
  • Some routers allow users to set up access tables that will only accept certain MAC IDs (the physical networking address of a PC) and this ensures that nobody except people you want to can access your wireless network.

I am unable to access my account. Has it been suspended due to a DMCA violation?
Arvig will not suspend your account without additional notice to you specifically stating that your account is being suspended. If you are unable to access your account and you have not received any prior notice of suspension, please contact Technical Support by calling 877.290.0560 or 611 from your Arvig home phone.

©Arvig 2023

FCC Public Inspection File

To access Arvig’s online public inspection file, click here https://publicfiles.fcc.gov.

Persons with disabilities who need assistance with issues related to accessible content in Arvig’s public inspection file should contact Arvig by sending an email to answers@arvig.com.

To contact Arvig for questions unrelated to accessibility, please call 888.992.7844.

©Arvig 2023

Mobile Application Privacy Policy

This Privacy Policy identifies and describes the way Arvig uses and protects the information we collect about Customers and Users. All use of Arvig’s products and services, as well as visits to our website and use of our App’s are subject to this Privacy Policy.

  1. THE INFORMATION WE COLLECT, HOW WE COLLECT IT AND HOW WE USE IT.
    We may collect different types of personal and other information based on your use of our App, products and services and our business relationship with you. Some examples include:

    • Contact Information that allows us to communicate with you, including your name, email address, location and telephone number.
    • Billing information related to your financial relationship with us, including your payment data, credit history, credit card number, Social Security numbers, security codes and service history.
    • Equipment, performance, Arvig website usage, App use, viewing and other technical Information about your use of our network, services, products, websites and equipment deployed at your premises that you choose to connect to the App such as the MAC address, serial number or other unique identifier for your router; browser information and session cookies related to your access and use of the App; Data insights Arvig attains based on correlation and analytics of your information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App; and use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.
  2. WE COLLECT INFORMATION IN THREE PRIMARY WAYS:
    • You give it to us when you purchase, install or interact with us about a product or service we offer or provide.
    • We collect it automatically when you visit our websites, download our App or use our products and services.
    • We obtain it from other sources, such as credit agencies.
  3. WE MAY USE THE INFORMATION WE COLLECT IN A VARIETY OF WAYS, INCLUDING TO:
    • Provide you with the best customer experience possible.
    • Provide the services you purchase and to respond to your questions.
    • Communicate with you regarding service updates, offers and promotions.
    • Deliver customized content and advertising that may be of interest to you with your permission.
    • Address network integrity and security issues.
    • Investigate, prevent or take action regarding illegal activities, violations of our Terms of Service or Acceptable Use Policies.
    • Provide local directory and directory assistance.
  4. INFORMATION SHARING
    1. With Arvig Companies: Subject to applicable legal restrictions, such as those that exist for Customer Proprietary Network Information (CPNI), Arvig may share your Personal Information within Arvig to make sure your experience is as seamless as possible, and you have the full benefit of what Arvig has to offer.
    2. With Non-Arvig Companies: We share your Personal Information only with non-Arvig companies that perform services on our behalf, and only as necessary for them to perform those services.
      • We require those non-Arvig companies to protect any Personal Information they may receive in a manner consistent with this policy.
      • We do not provide Personal Information to non-Arvig companies for the marketing of their own products and services without your consent.
    3. In Other Circumstances: We may provide Personal Information to non-Arvig companies or other third parties for purposes such as:
      • Responding to 911 calls and other emergencies.
      • Complying with court orders and other legal processes.
      • To assist with identity verification, and to prevent fraud and identity theft.
      • Enforcing our agreements and property rights.
      • Obtaining payment for products and services that appear on your Arvig billing statements, including the transfer or sale of delinquent accounts to third parties for collection.
    4. Anonymous & Aggregate Information
      • We collect some information on an anonymous basis. We also may anonymize the personal information we collect about you.
      • We obtain aggregate data by combining anonymous data that meet certain criteria into groups.
      • When we employ non-Arvig companies to anonymize or aggregate data on our behalf, the requirements for sharing Personal Information with non-Arvig companies apply.
      • We may share aggregate or anonymous information in various formats with trusted non-Arvig entities, and may work with those entities to do research and provide products and services.
  5. SAFEGUARDING YOUR INFORMATION: OUR POLICY ON DATA PROTECTION AND SECURITY
    • We do not sell your Personal Information to anyone for any purpose. Period.
    • We maintain information about you in our business records while you are a customer, or until it is no longer needed for business, tax, or legal purposes.
    • We have implemented encryption or other appropriate security controls to protect Personal Information when stored or transmitted by Arvig.
    • We require non-Arvig companies acting on our behalf to protect any Personal Information they may receive in a manner consistent with this Policy. We do not allow them to use such information for any other purpose.
  6. CUSTOMER PRIVACY CONTROLS AND CHOICES
    • You can review and correct your Personal Information collected by us.
    • You can limit certain types of solicitation communications from Arvig, including marketing contacts made via telephone, email and text messaging.

©Arvig 2023

Privacy Policy

This Privacy Policy identifies and describes the way Arvig uses and protects the information we collect about Customers and Users. All use of Arvig’s products and services, as well as visits to our website, are subject to this Privacy Policy.

1. THE INFORMATION WE COLLECT, HOW WE COLLECT IT AND HOW WE USE IT.
We may collect different types of personal and other information based on your use of our products and services and our business relationship with you. Some examples include:

  • Contact Information that allows us to communicate with you, including your name, address, telephone number, and email address.
  • Billing information related to your financial relationship with us, including your payment data, credit history, credit card number, Social Security numbers, security codes, and service history.
  • Equipment, performance, Arvig website usage, viewing and other technical Information about your use of our network, services, products, or websites.

2. WE COLLECT INFORMATION IN THREE PRIMARY WAYS:

  • You give it to us when you purchase or interact with us about a product or service we offer or provide.
  • We collect it automatically when you visit our websites or use our products and services.
  • We obtain it from other sources, such as credit agencies.

3. WE MAY USE THE INFORMATION WE COLLECT IN A VARIETY OF WAYS, INCLUDING TO:

  • Provide you with the best customer experience possible.
  • Provide the services you purchase and to respond to your questions.
  • Communicate with you regarding service updates, offers, and promotions.
  • Deliver customized content and advertising that may be of interest to you with your permission.
  • Address network integrity and security issues.
  • Investigate, prevent or take action regarding illegal activities, violations of our Terms of Service or Acceptable Use Policies.
  • Provide local directory and directory assistance.

4. INFORMATION SHARING

a) With Arvig Companies: Subject to applicable legal restrictions, such as those that exist for Customer Proprietary Network Information (CPNI), Arvig may share your Personal Information within Arvig to make sure your experience is as seamless as possible, and you have the full benefit of what Arvig has to offer. Sharing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

b) With Non-Arvig Companies: We share your Personal Information only with non-Arvig companies that perform services on our behalf, and only as necessary for them to perform those services.

    • We require those non-Arvig companies to protect any Personal Information they may receive in a manner consistent with this policy.
    • We do not provide Personal Information to non-Arvig companies for the marketing of their own products and services without your consent.

c) In Other Circumstances: We may provide Personal Information to non-Arvig companies or other third parties for purposes such as:

    • Responding to 911 calls and other emergencies.
    • Complying with court orders and other legal process.
    • To assist with identity verification, and to prevent fraud and identity theft.
    • Enforcing our agreements and property rights.
    • Obtaining payment for products and services that appear on your Arvig billing statements, including the transfer or sale of delinquent accounts to third parties for collection.

d) Anonymous & Aggregate Information

    • We collect some information on an anonymous basis. We also may anonymize the personal information we collect about you.
    • We obtain aggregate data by combining anonymous data that meet certain criteria into groups.
    • When we employ non-Arvig companies to anonymize or aggregate data on our behalf, the requirements for sharing Personal Information with non-Arvig companies apply.
    • We may share aggregate or anonymous information in various formats with trusted non-Arvig entities, and may work with those entities to do research and provide products and services.

5. SAFEGUARDING YOUR INFORMATION: OUR POLICY ON DATA PROTECTION AND SECURITY

  • We do not sell your Personal Information to anyone for any purpose. Period.
  • We maintain information about you in our business records while you are a customer, or until it is no longer needed for business, tax, or legal purposes.
  • We have implemented encryption or other appropriate security controls to protect Personal Information when stored or transmitted by Arvig.
  • We require non-Arvig companies acting on our behalf to protect any Personal Information they may receive in a manner consistent with this Policy, subject to terms and conditions at least as restrictive as outlined in the Service Agreement. They are not authorized to use such information for any other purpose.

6. CUSTOMER PRIVACY CONTROLS AND CHOICES

  • You can review and correct your Personal Information collected by us.
  • You can limit certain types of solicitation communications from Arvig, including marketing contacts made via telephone, email, and text messaging.

©Arvig 2023

Refund Policy

Arvig shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of services directly or indirectly caused by, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of nature; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of services. In all other cases of an interruption of services, you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. Any credits provided by Arvig are at our sole and absolute discretion and in no event shall constitute or be construed as a course of conduct by Arvig.

©Arvig 2023

Restoring Internet Freedom Disclosure

Personal Information does not include deidentified or aggregated consumer information.

We obtain the categories of Personal Information listed above from the following categories of sources, as more fully described in our Privacy Policy:

  • Directly from you when you visit our website, fill in forms on our websites or submit information through our websites, including by posting reviews or other information.
  • Directly from you when you sign up for an account on our websites or purchase our products or services.
  • Indirectly from you through website usage details collected automatically, online searches you conduct or your interaction with ads that we place on websites or other media or your interaction with ads, including video ads, we send to you or make available to you. For example, we may collect information about your use of our websites through cookies, which are information files stored on your computer that help websites remember who you are and information about your visit.
  • Directly from you when you communicate with us, including by phone, email, text message, messaging application, social media, through our mobile applications or through other means.
  • From third parties with whom we interact in connection with the Services we perform.
  • From your social media account. When you use a social network login to access our services, you may share certain Personal Information from your social media account with us, for example, your name, email address, photos, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your services account. The specific information shared depends on your security settings and the privacy policy of your social media network.
  • From third-party data providers when they share information with us.

Sensitive Personal Information
Certain information we collect from our clients may be considered “Sensitive Personal Information” under the CCPR/CPRA, including credit card or account information and the content of certain communications between our clients and other Consumers. We collect and store such Sensitive Personal Information solely to collect payments and to provide services to our clients.

Purposes for the Collection and/or Use of Personal Information
We may collect and use the Personal Information or Sensitive Personal Information we collect for one or more of the following purposes, as more fully described in our Privacy Policy:

  • To provide the products and services you purchase and/or request.
  • To provide you with customer service, including responding to your requests for services or for information or to otherwise communicate with you.
  • To advertise or promote your business on third party search engines, social media sites and other relevant business websites on your behalf or to register a domain name on your behalf.
  • To personalize your website experience by serving you with content, offers and advertising relevant to your interests.
  • To track your usage of and interaction with our websites, communications, ads, including video ads, products and services.
  • To respond to law enforcement requests, court orders and as otherwise necessary to comply with laws and regulations.
  • For our internal purposes such as accounting, auditing, data analysis, and research to improve and develop our products, services, content, advertising, and communications.
  • As otherwise described to you when collecting your Personal Information or as subsequently agreed to by you.

Disclosure of Personal Information
We may disclose the categories of Personal Information we collect to third parties, including our service providers and vendors, for various business purposes. When we disclose Personal Information for a business purpose, we require the recipient to adhere to security and confidentiality obligations and not to use or process such Personal Information other than for a specified business purpose and in accordance with our instructions. See the section entitled “Information Sharing” in our Privacy Policy for more information as to these disclosures.

Sale and Sharing of Personal Information; Exercising Your Opt-Out Rights
Under the CCPA / CPRA, certain transfers or sharing of Personal Information may constitute “selling” when such Personal Information is disclosed to a third party for monetary or other valuable consideration or “sharing” when such Personal Information is disclosed to a third party for purposes of targeted, or cross-contextual, advertising.

We may “sell” or “share” your Personal Information with third party digital advertising networks in order to serve you content, offers and advertising relevant to your interests. Specifically, that includes sharing Identifiers – such as your Internet Protocol address, email address and/or phone number; or Internet activity – including your browsing history, search history and/or information as to your interaction with our websites, marketing or advertising.

Under the CCPA / CPRA, you have the right to opt-out from the sale or sharing of your Personal Information. If you would like to exercise your right to opt-out, call 888.992.7844 or email answers@arvig.com.

Exercising Your Information Access and Information Deletion Rights
Under the CCPA / CPRA, you have certain rights with respect to your Personal Information collected and maintained by us, including: (i) the right to access your Personal Information, (ii) the right to information about the Personal Information we have collected, (iii) the right to delete your Personal Information, and (iv) the right to correct your Personal information.

You have the right to limit the use and disclosure of your Sensitive Personal Information to the purpose of providing you with services. We only collect, use and disclose Sensitive Personal Information of Consumers for purposes of providing our services. Therefore, we are not required to provide you with the right to limit use of Sensitive Personal Information.

To exercise these rights described above, please submit a verifiable request to us by either of the following methods:

Only you or a person authorized to act on your behalf may make a verifiable request related to your Personal Information. You may also make a verifiable request on behalf of your minor child. If you are making a request as an authorized person for someone else, please provide us with information sufficient to demonstrate your authority to act on behalf of such person.

You may make a verifiable request for information access not more than twice within any 12-month period. The verifiable request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of such person; and
  • Include sufficient detail that allows us to properly understand, evaluate and respond to the request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information related to you.

Making a verifiable request does not require you to create an account with us. However, if you have an account with us, we may require you to log-in to your account in order to verify your identity or authority to request access to or deletion of your Personal Information.

We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable request within forty-five (45) days of our receipt of the request. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the date of our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For requests to access your Personal Information, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity.

Retention of Personal Information
We store your Personal Information as reasonably necessary and proportionate to accomplish the purposes identified in this Notice and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Arvig as a Service Provider
Arvig acts as a service provider to our clients. When acting in this capacity, we process personal information on behalf of our clients and we have no direct relationship with the end-users who use our clients’ services or products or visit our clients’ websites.

Contact Us
For any questions or concerns about this Notice or about Arvig’s privacy practices, please contact us at answers@arvig.com.

@Arvig 2023

Terms MAXUC

IMPORTANT: These Metaswitch Standard Customer Terms and Conditions and the Agreement (as defined below) into which they are incorporated govern your (the “Customer”) purchase and license of the Products and Services (as defined below) set forth in the Quotation from Metaswitch Networks Ltd., or, if applicable to any particular transaction, any of its subsidiaries or affiliates (“Metaswitch”).

(1) ACKNOWLEDGEMENT AND ACCEPTANCE, ORDER OF PRECEDENCE

1.1 The offer described in the Quotation is expressly conditioned on acceptance by Customer of the terms and conditions of this Agreement. Any additional, conflicting or differing terms or conditions contained in a PO or other document of Customer not signed in writing by an authorized representative of Metaswitch shall be deemed to be a material alteration of this Agreement, and any such proposed terms and conditions are hereby objected to by Metaswitch and shall be void. Any terms and conditions in Customer’s PO or any of Customer’s other documents not signed in writing by an authorized representative of Metaswitch which purport to reject some or all of the terms and conditions of this Agreement by virtue of standard form language shall not be sufficient objection. Metaswitch’s failure to object to provisions in Customer’s PO or any of Customer’s other documents or other communications from Customer shall not constitute a waiver by Metaswitch of the terms and conditions of this Agreement or an acceptance by Metaswitch of any such provisions.

1.2 Ordering – These Metaswitch Standard Customer Terms and Conditions do not, by themselves, obligate either party to buy or sell any Product or Service. If Customer would like to purchase Products or Services, it must have an authorized representative sign the Quotation or submit a PO to Metaswitch accepting the offer set forth in the Quotation.

1.3 Agreement – A binding contract shall be formed between the Customer and Metaswitch on the earlier of (i) the date Customer signs the Quotation; (ii) the date on which Customer submits a PO to Metaswitch accepting the offer set forth in the Quotation; (ii) acceptance of delivery of the Products or Services or any portion thereof by the Customer; and (iii) the date on which Customer first downloads, installs or uses the Software (the “Effective Date”), and which contract (the “Agreement”) shall consist of:

(a) these Metaswitch Standard Customer Terms and Conditions;
(b) the Metaswitch and Third Party Product Schedule at the time this Agreement is formed, as at www.metaswitch.com/legal/standard-terms-and-conditions (the “Product Schedule”);
(c) the Quotation provided by Metaswitch to Customer; and
(d) subject to Section 1.1, the PO issued by Customer accepting the offer set forth in the Quotation.

1.4 Order of Precedence – In the event of an inconsistency between the documents that make up this Agreement, the order of precedence is as follows with the first document having the highest precedence:

(a) the Product Schedule at this time this Agreement is formed
(b) these Metaswitch Standard Customer Terms and Conditions;
(c) the Quotation provided by Metaswitch to Customer; and
(d) subject to Section 1.1, the PO issued by Customer accepting the offer set forth in the Quotation.

1.5 Changes – Except as otherwise provided herein, this Agreement may not be amended, modified or supplemented, except in a writing signed by an authorized representative of each of Metaswitch and Customer.

(2) DEFINITIONS

2.1 “Affiliate(s)” with respect to any specified entity, means any other entity controlling, controlled by or under common control with such entity.

2.2 “Documentation” means the product documentation accompanying the Metaswitch Hardware and Metaswitch Software including that available at https://communities.metaswitch.com/community/support/manuals, as it may be updated from time to time.

2.3 “Confidential Information” means all confidential information, however recorded or preserved, whether oral or written, disclosed by a party or its Affiliates, or their respective Representatives, that is marked or designated as confidential or proprietary or would be regarded by a reasonable business person as confidential, including without limitation information regarding the Products, Documentation and Services, business or product strategy, affairs, plans, market opportunities, operations, employees, prospects, customers, suppliers, trade secrets, know-how, intellectual property, patents and any provisional patents or applications therefor, and current and future products, including but not limited to any ideas, concepts; opinions; data; schedules; road-maps, pricing; software; specifications; designs; product information; information and techniques of a technical, operating, cost, process, business or programming nature; and any documents or record-bearing media which disclose such information or techniques, and any third party confidential information included with or incorporated in any information provided by the disclosing party.

2.4 “EULA” means the end user license agreement that applies to the use of Metaswitch Software by a Subscriber as set forth in the Product Schedule.

2.5 “Issuing Country” is one of Australia, Canada, Japan, New Zealand, South Korea, United Kingdom, U.S. or any member of the E.U.

2.6 “Metaswitch Hardware” is the Metaswitch-branded physical hardware that is purchased by Customer as set forth in the Quotation, which excludes all Third Party Hardware.

2.7 “Metaswitch Services” means the Metaswitch Support Services and the Metaswitch Professional Services.

2.8 “Metaswitch Software” means the Metaswitch-developed software to which Customer purchases a license as set forth in the Quotation, which excludes all Open Source Software and Third Party Software.

2.9 “Open Source Software” means software made available under an open source software license that meets the definition of “open source” promulgated by the open source initiative, available online at www.opensource.org/osd.html.

2.10 “Metaswitch Managed Services” are the Metaswitch managed services that are purchased by Customer as set forth in the Quotation. The Metaswitch Managed Services are described in the Product Schedule.

2.11 “Metaswitch Professional Services” are the Metaswitch professional services that are purchased by Customer as set forth in the Quotation. The Metaswitch Professional Services are described in the PS Definition.

2.12 “Metaswitch Support Services” means Metaswitch’s maintenance and support services as described in the SLA.

2.13 “Products” means the Metaswitch Hardware, Metaswitch Software, Third Party Software and Third Party Hardware.

2.14 “Product Specifications” means the specifications for the Product as set forth in the applicable Documentation.

2.15 “PS Definition” means the then current version of Metaswitch Professional Services Definition (document VPM-831).

2.16 “PO” means a purchase order issued by Customer for the purchase of Products and Services that accepts the Metaswitch offer described in the Quotation and is subject to the terms and conditions of this Agreement.

2.17 “Qualified Hardware” means the hardware plaforms identified by Metaswitch in the applicable Documentation as qualified for use with specific Metaswitch Software.

2.18 “Quotation” is the quotation or proposal provided by Metaswitch to Customer.

2.19 “Representatives” of a party mean its officers, directors, employees, contractors, representatives and advisors,

2.20 “Services” means the Metaswitch Managed Services, the Metaswitch Support Services, the Metaswitch Professional Services and the Third Party Services.

2.21 “SLA” means the then current version of Metaswitch Support Service Level Agreement (document VPM-339).

2.22 “Software” means the Metaswitch Software and Third Party Software.

2.23 “Subscriber” means any customer, subscriber or other end user of Customer who is licensed to use the Software.

2.24 “Third Party Hardware” means the hardware that is not identified as Metaswitch Hardware that is purchased by Customer as set forth in the Quotation.

2.25 “Third Party Products” means the Third Party Hardware and Third Party Software.

2.26 “Third Party Services” are support and professional services provided by a third-party supplier or licensor of Metaswitch that are purchased by Customer as set forth in the Quotation.

2.27 “Third Party Software” is software developed by a Third Party for which Customer purchases a license as set forth in the Quotation provided by Metaswitch. Additional terms applicable to such Third Party Software are set forth in the Product Schedule.

2.28 “Warranty Period” means the period of warranty provided by Metaswitch which is (a) one (1) year from the date of delivery for Metaswitch Hardware; (b) ninety (90) days from the date of delivery for Metaswitch Software (excluding upgrades and updates); (c) ninety (90) days from the date of delivery for Metaswitch Professional Services; and (d) the greater of ninety (90) days from the date of delivery and the remaining applicable Warranty Period for Metaswitch Hardware that is repaired or replaced under the warranty set forth in Section(7).

(3) DELIVERY, HARDWARE

3.1 Risk and Title – Metaswitch shall retain title and ownership interest in Metaswitch Hardware and Third Party Hardware until Customer’s final payment for the hardware. Metaswitch will deliver all Metaswitch Hardware and Third Party Hardware FCA (Free Carrier Alongside (Incoterms 2010), Metaswitch site.

3.2 Packaging and Usage Profiles – All Metaswitch Hardware shall be packed for shipment and storage in accordance with Metaswitch’s standard commercial practices. Customer acknowledges it is responsible for ensuring the Metaswitch Hardware is sufficient for its usage profiles and contention ratios based on Metaswitch’s published standard usage profiles.

(4) SOFTWARE LICENSE

4.1 Software License – Upon and subject to the compliance of Customer with the terms and conditions of this Agreement (including without limitation the payment terms, the license restrictions set forth in section 4.2, the Product Schedule and any other restrictions set out in this Agreement), Metaswitch grants Customer a non-exclusive, revocable, non-transferable and personal license for the duration of the subscription or applicable term as set out in the Quotation or Product Schedule or perpetually if no term is applicable:

(a) to (i) use the Software only in accordance with the Documentation; and (ii) with respect to Software that is client-side software intended for use (as set forth in the Documentation) by Subscribers, to distribute and sublicense such client-side Software to Subscribers who are subject to an end user license agreement with terms no less restrictive than those set forth in the applicable EULA; provided that in the case of each of subclauses (i) and (ii), the license rights granted are restricted to object code form only and are limited to the term, features, capacity and number of subscribers, sites, instances and deployments as may be set out in the Quotation and Product Schedule;

(b) to use, reproduce and distribute updates and upgrades of the Software delivered by Metaswitch to Customer pursuant to the Metaswitch Support Services, solely to the extent necessary to update or upgrade the Software; provided that the usage of any such update or upgrade or new features or functionality contained in the update or upgrade may be subject to additional fees and/or terms and conditions; and

(c) to reproduce the Documentation as reasonably necessary in support of the use, operation and maintenance of the Products by Customer and its Subscribers.

Except as specifically provided in this section 4.1, Customer may not use, reproduce, distribute, modify or sublicense the Software or Documentation. Any Open Source Software provided or made available to Customer as part of the Software shall be governed by the terms and conditions of the applicable Open Source Software license. All rights to Software not specifically granted in this section 4.1 are reserved to Metaswitch.

4.2 Software License Restrictions – Without limiting the generality of Section 4.1 above,

(a) Customer shall not use, distribute, sublicense or transfer in any way any (i) Software that is delivered embedded in hardware separately from such hardware; or (ii) any Third Party Software that is shipped as embedded in hardware or other software separately from the hardware or software in which it is embedded. If Software is transferred from one Qualified Hardware device to another Qualified Hardware device, the Software on the originally licensed Qualified Hardware device must be deleted.

(b) Customer shall not decompile, disassemble, reverse engineer, unlock, access, or discover the source code of, or disclose any trade secrets embodied in, any Products or component thereof, nor attempt to do any of these things, nor encourage, assist or permit any third party to do any of the foregoing; except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Should such conduct occur, Customer shall promptly disclose the information discovered to Metaswitch and shall not disclose any such information to any third party.

(c) The Software is licensed to Customer and not sold. Customer shall not remove any copyright or proprietary rights notices and/or legends appearing on or in the Products. Neither Customer nor any third party shall receive under this Agreement title to or ownership of any copy of the Software or the Metaswitch Confidential Information. Ownership and title to the Software and the Metaswitch Confidential Information shall be retained by Metaswitch and its licensors.

4.3 Benchmark Testing – Customer shall not publicize the results of any performance or other benchmark testing on the Products without the prior written consent of Metaswitch and any such results shall be considered Metaswitch Confidential Information.

(5) INVOICING, PAYMENT, SUPPORT SERVICES, TAXES AND AUDITS

5.1 Invoicing and Payment — The fees for the Products and Services are as set forth in the applicable Quotation. Payment must be made in the same currency as the fees in the Quotation, or if none is stated, in USD. Unless otherwise stated in the Quotation, Metaswitch may invoice 100% of the fees on delivery of the Product or Service (with the exception of Metaswitch Support Services) and payment on the invoice will be due within 30 days of the invoice date. Metaswitch may, at its sole discretion, charge Customer interest on overdue invoices at a compound rate of the lesser of 1.5% per month or the maximum rate permitted by law, unless agreed otherwise.

5.2 Invoice Disputes — Notwithstanding Section 5.1 above, Customer shall have the right to withhold payment of amounts disputed in good faith provided that Customer (a) has notified Metaswitch of its intention to withhold payment and such notice is received by Metaswitch within 10 business days of the relevant invoice date; and (b) pays the undisputed element of the invoice within the payment terms set out herein. The Parties agree to work together in good faith to expeditiously investigate and resolve all billing disputes. Once the billing dispute has been resolved, Customer shall make prompt payment of the amount due.

5.3 Support Services — Unless otherwise set forth in the Quotation, the term of each Metaswitch Support Services contract is one year, which shall be renewed automatically unless either party provides advance written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term. The initial term for the Metaswitch Support Services contract commences upon the expiration of the Warranty Period. The fee for the Metaswitch Support Services contract is due and payable in advance, with the payment for the initial term due at the end of the Warranty Period, and for renewal terms on each anniversary of the expiration of the Warranty Period. Metaswitch may change the pricing, SLA or support terms with at least forty-five (45) days advance written notice prior to expiration of the then-current term, with such pricing, SLA or support terms becoming effective on the commencement of the next renewal term. If Metaswitch Support Services are canceled or suspended, Metaswitch may charge an additional fee for reinstatement.

5.4 Taxes and Customs — The prices set forth in the Quotation do not include taxes. If Metaswitch is required to pay any federal, state, VAT, provincial or local taxes based on the Products or Services, the taxes shall be billed to and paid by Customer. Metaswitch shall be responsible for payment of any income or other taxes imposed upon Metaswitch and measured by the gross or net income of Metaswitch and any employment-related or corporate franchise taxes due on the Products and Services. Customer will be responsible for ensuring that deliveries of Products clear customs. Customer is responsible for any charges related to shipment, import and usage of the Products, including import duties, sales, use, privilege, excise or other taxes, duties, assessments and other related charges levied by any jurisdiction, and shipping, handling, insurance, brokerage, and similar fees.

5.5 Audit —

(a) Customer shall keep accurate and complete records, no less detailed than industry standard, relating to the use, sale, license, sublicense, export, import and distribution of the Products and Services. Metaswitch may conduct an audit of such records to verify compliance with the Agreement either electronically by remote connection to the systems to be audited or on-site at Customer’s offices during regular business hours. Metaswitch will conduct on-site audits no more frequently than twice per calendar year, except as may be needed in Metaswitch’s reasonable opinion to investigate violations of law, and will use reasonable efforts to minimize interruption of Customer’s business activities. Metaswitch may conduct an electronic audit at any time.

(b) If Metaswitch determines that Customer has underpaid Metaswitch, then Metaswitch will notify Customer in writing of the amount of such underpayment. Within thirty (30) days of any notification of an underpayment, Customer shall pay to Metaswitch any monies due. If an audit reveals an underpayment to Metaswitch during any 12-month period exceeding ten percent (10%) of all charges in the aggregate paid by Customer during such period, then Customer will reimburse Metaswitch for the cost of the audit.

(6) CONFIDENTIALITY

6.1 Each party shall limit access to all Confidential Information to those of its Affiliates and Representatives who require such access to carry out their duties under this Agreement and who are bound by confidentiality obligations at least as strict as those in this Agreement. The receiving party will not, during or after the term of the Agreement: (a) disclose the other party’s Confidential Information to any third party not listed in the preceding sentence; or (b) use the disclosing party’s Confidential Information for any purpose other than as is necessary to exercise its rights or carry out its obligations under this Agreement. Notwithstanding the foregoing, Customer and Metaswitch shall have no obligation with respect to any Confidential Information which: (i) is already in the receiving party’s possession under no duty of confidentiality, other than as a result of a breach of a legal obligation; (ii) is or becomes generally available to the public through no wrongful act of the receiving party; (iii) is approved for release in writing by the disclosing party; or (iv) is required to be disclosed by order of a court, administrative agency, or other government body of competent jurisdiction (including without limitation any relevant securities exchange), or by subpoena, summons or other legal process, or by law, rule or regulation, or by applicable regulatory or professional standards, provided that, to the extent permissible by law, rule or regulation, the disclosing party is given reasonable advance notice of such disclosure and, at its own expense, an opportunity to object to such disclosure or to obtain confidential treatment of the Confidential Information.

6.2 Upon termination or the earlier request of the disclosing party, all copies of Confidential Information shall, upon the election of the disclosing party, be returned or certified by the receiving party as having been destroyed; provided that Customer may retain Documentation and other materials necessary for Customer’s authorized usage of the Products following termination. Neither party shall make or use any copies, synopses, or summaries of the other party’s Confidential Information, except as needed internally in connection with the parties’ business relations and in accordance with the Agreement.

6.3 The confidentiality obligations under this Agreement shall not be construed to limit either party’s right to independently develop or acquire products without use of the other party’s Confidential Information. Confidential Information shall not include feedback or enhancement requests provided by Customer on the Products or Services. Either party may publicize the existence of this Agreement, but may not disclose the terms and conditions without prior written consent from the other party.

6.4 The receiving party agrees that the disclosing party retains all rights and remedies available under applicable law in respect of its Confidential Information. The parties acknowledge that damages alone would not be an adequate remedy for the breach of any of the provisions of this Section (6). Accordingly, without prejudice to any other rights and remedies it may have, the disclosing party shall be entitled to seek equitable relief (including without limitation injunctive relief) concerning any threatened or actual breach of any of the provisions of this Section (6), without the need to post security or to prove damages.

(7) LIMITED WARRANTY FOR METASWITCH HARDWARE AND METASWITCH SOFTWARE

7.1 Limited Warranty — Subject to the limitations and disclaimers set forth in this Section 7, Metaswitch warrants to Customer that during the applicable Warranty Period:

(a) The Metaswitch Hardware will be free from material defects in material and workmanship under normal use. Metaswitch’s liability under this warranty is limited to the repair or replacement (with new or like new used equipment), at Metaswitch’s option, of any defective Metaswitch Hardware in accordance with the procedures set forth in the SLA, provided the defective Metaswitch Hardware is promptly returned to Metaswitch. Metaswitch will pay the shipping costs, unless upon inspection Metaswitch finds no defect in which case Customer will bear the cost of shipping.

(b) The Metaswitch Software will materially conform to the Product Specifications. Metaswitch’s liability under this warranty is limited to repair (debugging) or replacement of the Metaswitch Software, at Metaswitch’s option, under the terms of the SLA.

(c) The Metaswitch Professional Services will be performed in a professional and workmanlike manner by qualified personnel. Metaswitch’s liability under this warranty is limited to re performance of the Metaswitch Professional Services.

7.2 Except as stated in Section 7.1, Metaswitch will have no obligation to accept hardware, components, software or services for analysis, replacement or repair. The warranty shall not apply if Customer does not provide written notice of the defect or other problem to Metaswitch during the applicable Warranty Period. The warranty shall not apply to usage outside scope of authorizations set forth in this Agreement or to defects or other problems caused by any of the following: (i) improper or inadequate maintenance; (ii) use of a Metaswitch Product outside of its environmental specifications; (iii) misuse or abuse of a Metaswitch Product, including without limitation defacing the Metaswitch Product or causing cosmetic damage such that it is no longer fit for resale; (iv) modification or repair of a Metaswitch Product not performed or authorized in writing by Metaswitch; (v) installation of components not authorized in writing by Metaswitch or usage in combination with third party products; or (vi) use of the Metaswitch Software on hardware that is not Qualified Hardware.

7.3 Warranty of Title — Metaswitch warrants that Customer will acquire good title to the Metaswitch Hardware free and clear of all liens and encumbrances upon Customer’s final payment.

7.4 Disclaimers

(a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.3 ABOVE, METASWITCH PROVIDES THE METASWITCH SOFTWARE, METASWITCH HARDWARE AND METASWITCH SERVICES “AS IS” AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ABSENCE OF VIRUSES, RESULTS OR WORKMANLIKE EFFORT, THAT USE OF THE METASWITCH SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE METASWITCH SOFTWARE WILL MEET ANY PARTICULAR REQUIREMENTS OF CUSTOMER, OR ANY WARRANTY AGAINST LATENT DEFECTS OR THE VALIDITY OR SCOPE OF ANY PATENT. TO THE EXTENT AN IMPLIED WARRANTY OR CONDITION CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH WARRANTY OR CONDITION IS LIMITED IN DURATION AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

(b) CUSTOMER WILL NOT REPRESENT OR WARRANT TO ITS CUSTOMERS OR SUBSCRIBERS, OR TO ANY OTHER THIRD PARTIES, THAT SUCH PARTIES RECEIVE ANY WARRANTY FROM METASWITCH, WHETHER PROVIDED BY METASWITCH OR A THIRD PARTY, AND CUSTOMER SHALL NOT BIND OR PURPORT TO BIND METASWITCH TO ANY SUCH REPRESENTATION OR WARRANTY.

(c) CUSTOMER IS ON NOTICE THAT THE PRODUCTS AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ANY SETTING IN WHICH FAILURE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”), INCLUDING WITHOUT LIMITATION USE AS CONTROL EQUIPMENT IN ENVIRONMENTS REQUIRING FAIL SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS. METASWITCH SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

(8) INDEMNIFICATION

8.1 Indemnity by Customer — Subject to the indemnification procedures set forth in Section 8.3, Customer agrees to indemnify, defend and hold harmless Metaswitch and its Affiliates from any and all damages, penalties, costs, liabilities and expenses, including without limitation reasonable attorneys’ fees, (together, “Losses”) and threatened Losses to the extent resulting from any of the following:

(a) an injury to or death of any Representative of Metaswitch or its Affiliates during or as a result of the performance of the Services, caused by the actions or inactions of Customer or any of its Representatives; or
(b) the failure of Customer to comply with all applicable laws, rules and/or regulations governing its obligations hereunder.

8.2 Indemnity by Metaswitch — Subject to Section (9) and the indemnification procedures set forth in Section 8.3, Metaswitch agrees to indemnify, defend and hold harmless Customer from and against any and all Losses and threatened Losses to the extent resulting from any of the following:

(a) an injury to or death of any Representative of a Customer during or as a result of the performance of the Services, caused by the actions or inactions of Metaswitch or its Affiliates or any of their respective Representatives;
(b) any third party action, assertion, claim, suit or proceeding against Customer alleging that Metaswitch Hardware, Metaswitch Software, Metaswitch Managed Services or the Metaswitch Support Services (together, the “Indemnified Products”) infringes the patent, copyright, trademark or trade secret of a third party where such rights issue from a government body of an Issuing Country; provided, however, that Metaswitch will have no obligation to provide such indemnity to the extent any such action, assertion, claim, suit or proceeding arises out of or is in connection with any of the following: (i) Customer’s breach of the Agreement or failure to comply with any applicable Open Source Software license; (ii) modification of the Indemnified Products by any person or entity other than Metaswitch or the combination of Indemnified Products with any product or service not supplied by Metaswitch, (iii) Metaswitch’s modification of the Indemnified Products to comply with technical specifications provided by Customer; (iv) the compliance of the Indemnified Products with standards promulgated by any industry recognized standards setting organization, where compliance with the asserted standard is a commercially necessary aspect of the product and there is no commercially available non-infringing method or manner of complying with such standards, or (v) Customer’s failure to incorporate updates, upgrades, workarounds, enhancements or other modifications or corrections of the Indemnified Products that would have avoided the alleged infringement and that were provided by Metaswitch. This Section 8.2(b) sets forth Customer’s sole remedies for intellectual property rights infringement actions, assertions, claims, suits and proceedings.

8.3 Indemnification Procedures — Following receipt by any party entitled to indemnification hereunder (the “indemnitee”) of notice of any demand, action, proceeding or other claim which may result in Losses or threatened Losses subject to indemnification under this Agreement (a “Claim”), the indemnitee will promptly notify the party obligated to provide indemnification hereunder (the “Indemnitor”) of such Claim in writing. The indemnification notice will provide a copy of any written documentation regarding the Claim received by the indemnitee. The indemnitee shall grant sole control of the defense and settlement of the Claim to the Indemnitor. Notwithstanding the foregoing, the indemnitee will have the right to employ its own counsel at its own expense and the right to approve in advance the terms of any settlement or compromise that restricts its rights or subjects it to any ongoing obligations. The indemnitee shall give the Indemnitor reasonable information, assistance and cooperation in the defense of the Claim.

(9) LIMITATION OF LIABILITY

9.1 THE TOTAL CUMULATIVE LIABILITY OF METASWITCH AND ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES, SUPPLIERS AND LICENSORS ARISING OUT OF OR RELATED TO THE AGREEMENT AND THE MANUFACTURE, SALE AND SUPPLYING OF THE PRODUCTS AND SERVICES AND THEIR USE, OPERATION, INSTALLATION OR DISPOSITION, BASED ON ANY CAUSE OF ACTION OR LEGAL THEORY, INCLUDING WITHOUT LIMITATION WARRANTY, CONTRACT, TORT (REGARDLESS OF THE DEGREE OF FAULT), INDEMNITY, INFRINGEMENT AND STRICT LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) USD $5,000 (FIVE THOUSAND DOLLARS) AND (B) THE AMOUNT PAID BY CUSTOMER TO METASWITCH, FOR THE PRODUCTS OR SERVICES AT ISSUE, DURING THE TWELVE MONTHS PRIOR TO THE DATE UPON WHICH CUSTOMER’S CLAIM ARISES. IN NO EVENT SHALL METASWITCH OR ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES, SUPPLIERS OR LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PENAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSSES DUE TO LOST PROFITS, REVENUE, AND SAVINGS, OPPORTUNITY COSTS, LOSS OR CORRUPTION OF DATA, REPUTATIONAL DAMAGE AND LOSS OF USE OF FACILITIES OR EQUIPMENT, ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE MANUFACTURE, SALE OR SUPPLY OF THE PRODUCTS AND SERVICES OR THEIR USE, INSTALLATION, OPERATION OR DISPOSITION, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. THE LIABILITIES LIMITED BY THIS SECTION 9.1 APPLY EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THE APPLICATION OF THIS SECTION 9.1, THE PROVISIONS OF THIS SECTION 9.1 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED. NOTHING IN THIS SECTION 9.1 SHALL LIMIT OR EXCLUDE METASWITCH’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FRAUD OR FRAUDULENT MISREPRESENTATION OR ANY LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

9.2 METASWITCH’S WARRANTIES AND INDEMNITIES IN THIS AGREEMENT AND ITS OTHER REPRESENTATIONS AND DUTIES EXTEND TO CUSTOMER ONLY AND SHALL NOT BE APPLICABLE TO ANY OTHER PERSON OR ENTITY INCLUDING WITHOUT LIMITATION SUBSCRIBERS OF CUSTOMER. ALL REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT ARE CONTRACTUAL IN NATURE ONLY AND SUBJECT TO THE SOLE AND EXCLUSIVE REMEDIES SET FORTH HEREIN.

(10) TERM AND TERMINATION

10.1 This Agreement will remain in effect until terminated in accordance with this Section 10. Notwithstanding anything to the contrary in this Section 10, Customer shall have no right to cancel any PO that has been acknowledged by Metaswitch prior to the effective date of termination without the written consent of Metaswitch.

10.2 Either party may terminate this Agreement on thirty (30) days written notice for material breach, unless such material breach is cured within the thirty (30)-day period. If Customer is in material breach of this Agreement, including without limitation its payment obligations, upon written notice to Customer Metaswitch shall have the right to suspend performance of its obligations under the Agreement until such breach is cured. Notwithstanding the foregoing, Metaswitch may terminate the Agreement immediately upon written notice with no opportunity to cure if Customer breaches Sections (4), (6) or (11), or upon the occurrence of an Insolvency Event as defined under Section 12.8. The parties may terminate this Agreement by mutual written consent.

10.3 Upon termination of this Agreement, (a) Metaswitch may in its sole discretion cease all further delivery of Products and Services under this Agreement, except in the case that the Agreement is terminated other than for a material breach by Customer in which case Metaswitch shall fulfill all POs acknowledged by Metaswitch prior to termination; (b) all outstanding invoices issued under the Agreement will immediately become due and payable; (c) if the Agreement is terminated other than for material breach by Customer, Customer may continue to use for the term of the license any Software that is fully paid up; and (d) each party will comply with Section 6.2 with respect to return or destruction of Confidential Information. The obligations of confidentiality, compliance with laws, indemnity, dispute resolution, payment, audit and record-keeping, and limitation of liability shall survive the termination of this Agreement. No other obligation shall survive termination of this Agreement except those which by their language, nature or context are intended to survive.

(11) COMPLIANCE WITH LAWS

11.1 The parties shall comply with all applicable laws and regulations governing use, export, re-export and transfer of the Products and Services. Without limitation to the generality of the foregoing, each party will comply with the U.S. Export Administration Regulations and International Traffic in Arms Regulations and other restrictions imposed by the US Government on the export, re-export or transfer of items to prohibited parties, including but not limited to, prohibitions on export to parties designated by the U.S. Department of Treasury’s Office of Foreign Asset Control (OFAC) Sanction Programs or listed on any of the Bureau of Industry and Security Lists of Parties of Concern, or to any other party forbidden to receive the Products or Services by applicable law or regulation. Each party will provide the other with such information and assistance as may reasonably be requested in connection with securing such authorizations and licenses and to take timely action to obtain all required support documentation. Each of the parties agrees to maintain full, true and accurate records of exports, re-exports and transfers according to applicable U.S. or other applicable law, for at least five (5) years following the date of such export, re-export or transfer, or longer as required by applicable law.

11.2 In connection with the carrying out its obligations under the Agreement, each of the parties agrees that it (a) shall comply with all applicable federal, provincial, state and local laws and regulations, including without limitation the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act 2010; and (b) shall not offer, give, request or accept a financial or other advantage in any form (money, business courtesy, or kickback) to another person in connection with any current or prospective commercial business of Metaswitch or its Products or Services for the purpose of improperly obtaining or rewarding favorable treatment. Each party shall promptly notify the other party upon becoming aware of any of the following regarding activities related to this Agreement: (i) any violation of the FCPA or the Bribery Act, (ii) any extortive solicitation, demand, bribe or other request for anything of value, and (iii) a public official taking a position as an officer or employee or acquiring a direct or indirect interest in it.

(12) GENERAL

12.1 Notice — Subject to Section 12.5, all notices, requests, consents, claims, demands, waivers and other communications under the Agreement shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the following addresses, or to such other address that may be designated by a party in writing:

(a) Metaswitch: General Counsel, 33 Genotin Road, Enfield, EN1 2AG, UK
Email: chieflegalofficer@metaswitch.com.

(b) Customer: To the Customer address which is listed on the Quotation, or if none, on the PO.

12.2 Force Majeure — Neither party shall be liable to the other for delays or failures to perform if such delay or failure to perform is shown to be due to causes beyond the reasonable control of the party charged with a default, including, but not limited to, strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquake, acts of God or public enemy, nuclear disasters, terrorism, or default of a common carrier. If any such force majeure delay on Metaswitch’s part extends beyond sixty (60) days, Customer may cancel the delayed Product or Service without liability.

12.3 Miscellaneous — In the event that any one or more of the provisions of the Agreement shall for any reason be held by a court, agency or arbitrator having jurisdiction to be invalid or unenforceable under applicable law, that determination will not affect any other provision and the Agreement shall then be construed as if such invalid or unenforceable provision had never been contained herein. The Agreement supersedes all proposals, oral or written, and all negotiations, conversations and discussions between the parties relating to the Agreement and all past course of dealing or industry custom. Headings included in the Agreement are for reference only and are not to be used to interpret the Agreement. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions. Customer and Metaswitch acknowledge that they have not been induced to enter into the Agreement by any representations or statements, oral or written, not expressly contained herein, and that they have had an opportunity to have the Agreement reviewed by legal counsel.

12.4 U.S. Government End Users — The Software and related Documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation shall be licensed to U.S. Government end users only (a) as Commercial Items and (b) with those rights as are granted to all other end users pursuant to the terms and conditions herein.

12.5 Governing Law and Dispute Resolution — The 1980 U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. With the exception of violation of laws or breaches of the confidentiality or license provisions, the parties shall first attempt to resolve any dispute, controversy or claim between them through negotiation by senior managers of both parties without resorting to formal proceedings, other than mediation. If after thirty (30) days such dispute cannot be resolved, then the parties shall have the option to proceed to the dispute resolution proceedings as set forth below.

United States. If the Customer is headquartered in the United States (including its territories), then the Agreement and all disputes and claims arising out of it or in connection with its subject matter or formation (including non-contractual disputes or claims), are to be governed by and construed in accordance with the laws of the State of California; provided, however, that no application of conflicts of laws principles shall be effective to modify the application of California law to the rights and duties of the parties. The parties submit to exclusive jurisdiction and venue of the federal and state courts of San Francisco, California. In the event that there is no other effective manner of service, each of Metaswitch and Customer hereby appoints the Secretary of the State of California as its agent for purposes of service of process.

Europe and Africa. If Customer is headquartered in the continents of Europe or Africa, then the Agreement and all disputes and claims arising out of it or in connection with its subject matter or formation (including non-contractual disputes or claims), are to be governed by and construed in accordance with the laws of the State of New York. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules (the “Rules”), which Rules are deemed to be incorporated by reference into this clause, by one or more arbitrators appointed in accordance with such Rules. The arbitration shall be held, and the award shall be rendered, in the English language. The seat of arbitration shall be London. The award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Either party also may, without waiving any remedy under the Agreement, seek from any court of competent jurisdiction any interim or preliminary injunctive relief that is necessary to protect the rights or property of that party pending the constitution of the arbitral tribunal.

Asia, Oceania and Australia. If Customer is headquartered in the continents of Asia, Oceania or Australia, then the Agreement and all disputes and claims arising out of it or in connection with its subject matter or formation (including noncontractual disputes or claims), are to be governed by and construed in accordance with the laws of the State of New York. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“Rules”) for the time being in force, which Rules are deemed to be incorporated by reference in this clause. The arbitration shall be held, and the award shall be rendered, in the English language. The award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Either party may apply under the Rules for interim or preliminary injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under the Agreement, seek from any court of competent jurisdiction any interim or preliminary injunctive relief that is necessary to protect the rights or property of that party pending the constitution of the arbitral tribunal.

North America (excluding U.S.) and South America. If Customer is headquartered in the continents of North or South America (excluding the U.S.), then the Agreement and all disputes and claims arising out of it or in connection with its subject matter or formation (including non-contractual disputes or claims), are to be governed by and construed in accordance with the laws of the State of New York; provided, however, that no application of conflicts of laws principles shall be effective to modify the application of New York law to the rights and duties of the parties. All disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“Rules”) by one or more arbitrators appointed in accordance with such Rules. The arbitration shall be held, and the award shall be rendered, in the English language. The seat of arbitration shall be New York. The award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. Either party may apply under the Rules for interim or preliminary injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under the Agreement, seek from any court of competent jurisdiction any interim or preliminary injunctive relief that is necessary to protect the rights or property of that party pending the constitution of the arbitral tribunal.

12.6 Attorney’s Fees — If either party brings any suit or commences any other proceeding with respect to the Agreement, the prevailing party (as finally determined by the court, agency, arbitrator, or other authority before which such suit or proceeding is commenced), in addition to such other relief as may be awarded, shall be entitled to recover its reasonable attorneys’ fees, expenses, costs and arbitration fees actually incurred.

12.7 This Agreement shall not be deemed to create an employment, agency, joint venture or partnership relationship between the parties. Neither party shall have any power to enter into any contracts or commitments in the name of, or on behalf of, the other party, or to bind the other party in any respect whatsoever.

12.8 Insolvency of Customer — If Customer ceases or threatens to cease conducting business as a going concern, becomes insolvent or unable to pay its debts as they mature in the ordinary course, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the bankruptcy laws or any other statute of any state, territory, country or province relating to insolvency or the protection of rights and creditors (each, an “Insolvency Event”), then:

(a) Customer shall promptly notify Metaswitch in writing.
(b) Metaswitch may reclaim and take possession of any Products on Customer’s premises for which Customer has not made full payment and Customer shall cease using any Products for which it has not made full payment to Metaswitch. (c) Metaswitch has the right to terminate the Agreement pursuant to Section (10).

12.9 Assignment — Customer may not assign or attempt to assign the Agreement, by operation of law, change in control, merger, consolidation or otherwise, without the prior written consent of Metaswitch, which shall not be unreasonably denied. Any assignment not in accordance with the Agreement shall be null and void. Metaswitch may assign the Agreement to (a) one of its subsidiaries or an Affiliate or (b) any legally recognized successor organization acquiring, through a merger, consolidation, or asset sale, all or substantially all of the business to which the Agreement relates. Subject to the foregoing,

(a) the provisions of the Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns; and (b) in the event of assignment by either party of the Agreement, the assigning party shall notify the other party in writing of the assignment and the third party to whom rights are to be assigned shall separately and in writing confirm to the other party that the third party understands and accepts all terms of the Agreement, including without limitation those of payment obligations. Assignment of the Agreement is not effective until the other party has received both the notification from the assigning party and the confirmation from the third party.

©Arvig 2023

Terms of Use

BY ACCEPTING THESE TERMS OF SERVICE OR OTHERWISE USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS AN INDIVIDUAL, THE TERM “YOU” REFERS TO YOU. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE SERVICE.

Scope
These Terms of Service shall apply to your use of the all web-based single sign-on services (arvig.com, my.arvig.com, etc.) provided by Arvig (“Arvig” and the “Service”). These Terms of Service represent the parties’ entire understanding regarding the Service and shall control over any different or additional terms of any purchase or other non-Arvig ordering document.

Modifications
Arvig reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Access to Service
Subject to the terms and conditions of these Terms of Service, for so long as you have an active account for the Service, Arvig hereby grants you the limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for your internal business operations. You will be responsible for maintaining the security of your equipment and account-access passwords, and will use reasonable efforts to prevent any unauthorized use of the Service and immediately notify Arvig in writing of any unauthorized use that comes to your attention. If there is unauthorized use by anyone who obtained access to the Service directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorized use. You will be responsible and liable for all activity conducted through your users’ accounts. You will cooperate and assist with any actions taken by Arvig to prevent or terminate unauthorized use of the Service.

Payment
A valid credit card and/or billing address is required for paying accounts. The Service is billed in advance on a monthly basis. All fees are exclusive of all taxes and fees by taxing authorities and you shall be responsible for payment of all such taxes and fees. If payment of any fees is not made when due and payable, a late fee will accrue at the rate of the lesser of one and one-half percent (1.5%) per month or the highest legal rate permitted by law. Downgrading your account may cause loss of content, features or capacity. Arvig does not accept liability for such loss.

Modifications to the Service and Prices
Arvig reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services are subject to change upon thirty-day notice from us. Such notice may be provided at any time by posting the changes to the Arvig website (arvig.com), bill message or the Service itself. Arvig shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Use of Service
When you create an account with Arvig, you must provide Arvig information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on the Service.

By subscribing to the Service, you receive access to and use of: (i) certain software, intellectual property rights and technology owned or operated by us (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) our websites and applications, including but not limited to Apps; (iii) any and all other products and/or services accessed, provided, used or otherwise made available to you, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the Service, (iv) updated versions of Apps, Service and related third party software, which may be provided to you at any time and you agree to accept without further notice; and all other information and related documents provided to User by or on behalf of the Company.

Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the consent or involvement of a parent or legal guardian, under such person’s Service account and otherwise subject to this Agreement. You must use software on a device that is compatible to access the Service and/or App. By using the Service, you agree to look solely to the entity that manufactured and/or sold you the software and/or device for any issues related to the software/device and its compatibility with the Service. Any problems with the service resulting from outdated and/or obsolete third party apps and other software are the sole responsibility of the customer and may result in charges to the customer’s account if Arvig needs to assist the customer with past due updates to restore the Service. Arvig strongly recommends customers keep their third party apps and other software updated to best protect their data and so they can experience the best level of service. Arvig supports all of its services with release updates and routine maintenance for security and reliability. Visit arvig.com for the latest list of software compatible with the Service.

You will not, and will not permit or authorize third parties to (a) rent, lease or otherwise permit third parties to use the Service; (b) use the Service to provide services to third parties (e.g., as a service bureau); (c) breach, circumvent, tamper with or disable any security or other technological features or measures of the Service; (d) attempt to probe, scan or test the vulnerability of any systems related to the Service, including penetration or load tests; (e) attempt to discover the underlying structure, technology or algorithms of the Service; (f) use continued and sustained excessive bandwidth in connection with Your use of the Service. Arvig will determine, in its sole discretion, what the amount of continuous and sustained excessive amount of bandwidth is. The Service and any related software is subject to applicable export control laws and regulations. You agree to comply strictly with all such laws and regulations as they relate to the Service and such software, and, to the extent consistent with this Agreement, to obtain any necessary license or other authorization to export, reexport, or transfer the Service or such software when required. You agree to use the Service in compliance with all other applicable laws and to indemnify and hold Arvig and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims and actions of any kind arising out of or relating to your use of the Service or y our violation of these Terms of Service.

You will not have any rights to the Service except as expressly granted in this Agreement. Arvig reserves to itself all rights to the Service not expressly granted to you in accordance with these Terms of Service.

Feedback
If you provide any feedback to Arvig concerning the functionality and performance of the Service (including identifying potential errors and improvements), you hereby assign to Arvig all right, title, and interest in and to the feedback, and Arvig is free to use the feedback without payment or restriction.

Cancellation and Termination
You are solely responsible for properly canceling your account. You can cancel your account at any time via view.arvig.com. Arvig, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time, including your active or passive attempts at disrupting the Services or disrupting the use of the Service by others. Such termination of the Service will result in the suspension or deletion of your Account or your access to your Account. Arvig reserves the right to refuse service to anyone for any reason at any time.

The terms and conditions in the sections titled “Payment”, “Use of Service”, “Feedback”, “Cancellation and Termination”, “Disclaimer”, “Limitation of Liability”, “Governing Law” and “Miscellaneous” will survive any termination or expiration of your accounts.

Disclaimer
THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS AND ARVIG DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ARVIG EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. ARVIG DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT OPERATION OF THE SERVICE WILL BE SECURE OR UNINTERRUPTED.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARVIG, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR BUSINESS OR OTHER INTANGIBLE LOSSES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY, (B) ANY MATTER BEYOND ITS REASONABLE CONTROL OR (C) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING 12 MONTHS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ARVIG BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION OR CONTENT CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARVIG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARVIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Reliability of Service
Arvig provides connectors that interact with third-party applications whose vendors Arvig may or may not have a commercial or contractual relationship with. Arvig continuously monitors the working condition of these connectors and is committed to resolving any issues that may arise from a vendor changing the login procedure of its application. You understand that Arvig is not liable and cannot be held responsible for any changes in third-party applications and interoperability can be broken temporarily or permanently. Furthermore, Arvig has no commitments to ensuring the working condition of any custom connectors built by you.

Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and content for improper purposes. You acknowledge that you provide your personal information at your own risk.

Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Arvig without restriction.

Governing Law
These Terms of Service shall be governed by the laws of the State of Minnesota without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Perham, Minnesota, for the purpose of resolving any dispute relating to your access to or use of the Service.

ARVIG ALERTS
Receive account updates and information from Arvig Alerts through your mobile device. Opt-in via web by logging into your customer portal and updating your contract or by texting Alerts to 27844 or by visiting arvig.com/sms. Message frequency varies. Message and data rates may apply.

By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. By signing up, you are confirming you are over the age of 13.

STOP Information
Text STOP to 27844 to stop receiving alert messages from Arvig (you will receive a confirmation text).

HELP Information
For additional information, text HELP to 27844 or contact 888.992.7844.

Supported carriers are:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

©Arvig 2023

WiFi TV Terms of Service

Arvig WiFi TV is a subscription streaming TV service offered exclusively to customers who receive internet delivered by Arvig. The Arvig WiFi TV app provides authenticated users access to live, DVR and on-demand content (collectively “Content”) via a customer-owned streaming media device.

Arvig Enterprises, Inc., a Minnesota-based company provides services under the Arvig® brand (“Company”), licenses the Arvig WiFi TV service and App to you and grants you access to the Arvig WiFi TV service (the App and the Arvig WiFi TV service being collectively “the Service”), conditioned upon your acceptance of these Terms of Service and End User License Agreement (the “Agreement”).

BY CLICKING “I AGREE” OR “ACCEPT” OR BY DOWNLOADING, INSTALLING, USING, VISITING OR BROWSING ON THE APP OR SERVICE, YOU AGREE: (A) THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS; (B) THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THE COMPANY PRIVACY POLICY; (D) THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THE COMPANY CUSTOMER APPLICATION; and (E) THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THE COMPANY TERMS OF SERVICE AGREEMENT. THIS AGREEMENT IS ALSO AN APPENDIX TO THE COMPANY CUSTOMER APPLICATION FOR CUSTOMERS PURCHASING ARVIG WIFI TV SERVICE AND IS INCORPORATED THEREIN. IN THE EVENT OF A CONFLICT, THE COMPANY CUSTOMER APPLICATION SHALL CONTROL. PLEASE CAREFULLY READ THIS AGREEMENT, THE COMPANY PRIVACY POLICY, AND THE COMPANY CUSTOMER APPLICATION TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

If at any time after reviewing or using the Service you wish to terminate the Service and this Agreement, you must cancel your Subscription as provided below and uninstall and remove the App from your Device, and delete any copies of the App in your possession. You agree that the Information collected from you or your Device before you un-install, remove or cease to use the App can still be used.

Company may from time to time change this Agreement. Revisions shall be effective immediately; provided, however, for existing Users, such revisions will be effective 30 days from posting, unless otherwise stated. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service and App following the date in which the modified or amended Agreement is made available through the Service, App or arvig.com and fibernetmonticello.com.

Privacy. Collection and use of your information is addressed In the Company Privacy Policy terms of which are incorporated herein (arvig.com and fibernetmonticello.com).

Definitions. (a) “Company,” “We,” “Our” and “Us” mean Arvig, a Minnesota-based corporation offering services under the Arvig brand and its subsidiaries agents, employees, successors and assigns; (b) “Service” means the Arvig WiFi TV service and App collectively; (c) “App” means the Arvig WiFi TV application, any website software, components, data or services provided in connection with the Company Customer Application, and any updates to these Items; and (c) “You” and “Your” or “User” means the Customer as defined In the Services Agreement, or any individual who downloads or uses the App and any person or entity represented by that individual.

The Service. By subscribing to the Service, you receive access to and use of: (i) certain software, intellectual property rights and technology owned or operated by us (including, for example, applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) our websites and applications, including but not limited to, the App; (iii) the Content that is accessible to you (including, but not limited to transaction and subscription video or programming, advertising, and/or other content); (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including additional technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the Service, (v) updated versions of the App, Service and related third party software, which may be provided to you at any time and you agree to accept without further notice; and all other information and related documents provided to User by or on behalf of the Company.

Use of the Service. You must receive internet delivered by Arvig and subscribe to the Service. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the consent or involvement of a parent or legal guardian, under such person’s Service account and otherwise subject to this Agreement. Cancellation of internet service delivered by Arvig will also result in cancellation of Arvig WiFi TV service.

You must provide a compatible streaming media device to access the Service and App. Visit arvig.com or fibernetmonticello.com for the latest list of streaming media devices compatible with the Service. By using the Service and App, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service.

You understand that the Service may include, and the App may allow you to access Content that may be considered offensive, indecent, explicit, or otherwise objectionable. This Content may or may not be identified as being objectionable including but not limited to, explicit language or imagery. Company shall have no liability to you for such Content. Any content descriptions, genres, or other categories are provided for your convenience, and Company does not guarantee their accuracy or assume any obligation to provide the same. You understand that video content resolution is affected by many factors, and as a result no specific resolution is guaranteed.

Your Profile. You may create one or more Profiles on the App. Profiles allow various household members to personalize their Content, recommendations and watch histories. Even if you create multiple Profiles, they are accessible, modifiable and may be deleted by anyone using the App; therefore, you should inform household members if you do not desire for them to edit, delete or modify your Profile.

Your Arvig WiFi TV Subscription. The Service includes different subscription packages for which payment of a subscription fee is required to access Content available as part of those packages. You can find the specific details regarding your subscription package at any time by visiting arvig.com and logging into your account.

Your Arvig WiFi TV subscription to the Service will continue month-to-month until you cancel your subscription, or we terminate it (“Subscription”). Billing and payment for the Service will be conducted in accordance with the terms of the Customer Application (to which this Agreement is incorporated into as Appendix A). You may cancel your subscription at any time, and you will continue to have access to the Service through the end of your monthly billing cycle. You may cancel at any time by calling 888.992.7844 (Arvig) or 763.314.0100 (FiberNet Monticello).

Pricing for the Service, and any aspect thereof may be changed at any time in Company’s sole discretion. You will be notified of price changes 30 days prior to them taking effect.

Content and Programming. There are many factors that can affect the cost and availability of programming. We may add, delete or otherwise change our program packaging, selection, pricing and/or any other factor or aspect of the Service, or the way we offer the Service, at any time for any reason at our sole discretion. Some programming and sports events may be blacked out in your area. These blackout restrictions are determined by third parties other than the Company and the Company is not responsible. Some programming may be unavailable for certain features of the Service. Certain portions and aspects of the Service may be accessed and used only at the physical address in which the internet service delivered by Arvig is provided (the “Premises” as defined in the Customer Application). For example, certain live programming may not be available within the App outside of the Premises. We may use any technology available to us to verify your geographic location in order to provide the Services and implement these restrictions.

The Service and App are intended for non-commercial use only. You may not use the Service or App for viewing in areas open to the public, or in commercial areas, regardless of whether a viewing fee is charged. You are not permitted to use any of our trademarks.

The number of devices available for use and the maximum simultaneous streams allowed may change from time to time at our discretion. By default, we include one (1) simultaneous stream and ten (10) cloud DVR storage hours per household. Additional streams and cloud DVR storage may be purchased by calling 888.992.7844 (Arvig) or 763.314.0100 (FiberNet Monticello)./span>

Update and Testing. We update and test the Service, including the content library, on a continuous basis. You understand that by using the Service, you agree to be included in such testing without notice. Testing may be done to any aspect of the Service, and may include, but not be limited to: service level, the App, the website, user interfaces, plans, promotional features, availability of content, delivery and pricing.

License and Restrictions. Subject to the restrictions set forth herein, Company grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the App on customer owned streaming media device, mobile device(s) or other computing device(s) that are owned and controlled by you (“Your Device”), and to access and use the App on your Device solely for accessing the Service and viewing Content, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.

You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App or Content; (c) violate any applicable laws, rules or regulations in connection with your access or use of the App or Content; (d) remove or alter any copyright or trademark notice of Company or its collaborators, suppliers or licensors; (e) use the App or Content in a manner intended to generate revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) enable the use of the App on a device that is not Your Device; (g) enable access to or use of Content on a device that is not Your Device; (h) make the App or Content available over a network; (i) use the App or Content to develop, design or create any service designed to replace or be used in connection with the Service or the App, product or software offered by Company or its licensors; (j) use any proprietary information or intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (k) circumvent, disable or tamper with the App or the Content; (I) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App or Content; or (m) use the Service in any manner not intended by this Agreement, in Company’s sole discretion. You agree to abide by the rules and policies established by Company at any time.

Intellectual Property. The App (including its source and object code), any copies thereof (whether or not present on your Device), the Service, and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are the property of Company or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Company and its collaborators, licensors and suppliers. Title to the App and Service shall remain with Company. The App is licensed, not sold, to you. Company and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the App or Service, or require the return of the App (or any copy thereof), at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the App or Service by any legal theory, including but not limited to implication and estoppel. All rights in and to the App and Service not expressly granted in this Agreement are hereby reserved and retained by Company. These obligations survive termination of this Agreement.

Arvig® Marks. “Arvig WiFi TV,” related logos, product and service names, design marks and slogans are trademarks and service marks (The “Arvig Marks”) are owned by and used under license from Company. You are not authorized to use the Arvig Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason. These obligations survive termination of this Agreement.

Open Source Software and Third-Party Services. The Service or App may include third-party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that your right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable license to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.

The Service or App may allow you to access certain internet services and, products, websites, advertisements, and content from advertisers, publishers, vendors and other third-parties that is provided by third-parties for which you may have a separate relationship directly with such third-parties (“Third-Party Services”). You agree that the Company shall bear no responsibility for such Third-Party Services or your continued access to them via the Service. You are responsible for any fees for Third-Party Services that result from your access to or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third-Party Services through the Service and that your use of the Third-Party Services is in compliance with the terms of use applicable to such Third-Party Services. Company reserves the right to restrict your access to and use (or misuse) of the Third-Party Services, or deny access to any Third-Party Services otherwise accessible through the Service or App. Company shall have no liability to you arising out of or in connection with same.

GOVERNING LAW; ARBITRATION. This Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict of laws principles. THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN CUSTOMER AND COMPANY, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE SERVICES PROVIDED, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING PROVIDED BY THE COMPANY. ADDITIONALLY THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT ON A CLASSWIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT WILL BE SOLELY BETWEEN YOU AND THE COMPANY (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL’S CLAIM). SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE (3) ARBITRATORS AT A LOCATION IN MINNESOTA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH CUSTOMER AND COMPANY AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE SELECTION OF ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS FEES.

REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS’ FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. TO THE EXTENT ALLOWED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

No Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE APP AND SERVICES, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROHIBITED BY LAW, COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE APP AND SERVICE, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE APP OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE APP OR SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP OR SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE APP OR SERVICE WILL BE CORRECTED OR THAT THE APP OR SERVICE WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED FOR USE WHEN THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP OR SERVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ASSUME ALL NECESSARY EXPENSES ASSOCIATED WITH SERVICE AND REPAIR TO YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Limitation of Liability. COMPANY’S LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ACCESS AND/OR USE OF THE SERVICES, OR ANY CONTENT PROVIDED VIA THE SERVICES, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, WHETHER OR NOT COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY COMPANY’S NEGLIGENCE, OR ON ACCOUNT OF ANY ACT OR OMISSION OF COMPANY, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY COMPANY’S INTENTIONAL MISCONDUCT OR RECKLESSNESS, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. COMPANY AND OUR EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS, DAMAGES, OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS OR FOR COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.

Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE SERVICES, RELATING TO OR ARISING OUT OF: (i) YOUR ACCESS AND USE OF THE APP, SERVICE OR EQUIPMENT; (ii) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF LAW (iii) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (iv) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.

YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT ARISE FROM YOUR USE OF THE SERVICES OR THE EQUIPMENT AND YOU AGREE TO REIMBURSE COMPANY FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

MISCELLANEOUS. The following provisions survive termination of this Agreement:

Consent to Electronic Contact. It is important that the Company be able to contact you from time to time. If you agree to give Company an email address (your “Primary Email Address”), then you are consenting to the receipt of emails from Company at the Customer’s Primary Email Address for any purpose relating to this Agreement. Customer also agrees that Company may call or SMS text Customer at the phone numbers Customer supplies Company and Customer agrees that calls or text may be made using any method including autodialing equipment, an artificial or recorded voice, or email messages sent to a wireless device. If your wireless provider charges you for text or email messages you are responsible for any such charges.

Customer Service and Support. Access our support to find help with your Arvig WiFi TV service at arvig.com/wifitv or fibernetmonticello.com. We invite you to submit your product feedback at arvig.com or by email to marketing@arvig.com.

Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Third Party Beneficiaries. Except as explicitly provided in this Agreement or in its incorporated agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You may not transfer your rights or obligations under this Agreement. Any attempted transfer by you shall be null and void. Company may assign this Agreement without restriction.

Notice and Takedown Policy. It is the policy of Company to expeditiously respond to clear notices of alleged copyright infringement. Company has designated the following agent to receive notification of claimed infringement at the address set forth below:

Arvig: 150 Second Street SW, Perham, MN 56573
Attn: Joel Smith, E-mail: Joel.Smith@arvig.com

Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Time is of the essence with respect to this Agreement. Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this Agreement.

Agreement. Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of this Agreement.

This Agreement shall be effective until terminated. Company may, in its sole and absolute discretion, at any time and for any or no reason, disable the App, or suspend or terminate this Agreement and the rights afforded to you hereunder, with or without prior notice or other action by Company. Upon the termination of this Agreement, you shall cease all use of the App, uninstall the App from your Device and delete any copies of the App in your possession. Company will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms and termination of this Agreement will be without prejudice to any other right or remedy. Company may have, now or in the future. All indemnifications, releases, limitations of liability, disclaimers of warranties, limitations of remedies, the agreement to arbitrate, the restrictions upon use of the Services.

Entire Agreement. This Agreement, and documents incorporated herein by reference, constitute the entire agreement with respect to the use of the App and Service and supersedes all prior or contemporaneous understandings regarding such subject matter.