Terms and Conditions The Service Agreement, these Terms and Conditions, and any applicable tariff and/or price list (collectively “Agreement”), contains the entire understanding between you (the “Customer”) and OberaConnect, LLC (“OBERACONNECT, LLC”) (collectively “the Parties”). This Agreement supersedes any prior oral or written offers made by OBERACONNECT, LLC or its representatives. Customer may not assign this Agreement. Any assignment without OBERACONNECT. LLC ‘s written consent shall be void. OBERACONNECT. LLC will provide Customer with services that may include internet access, local services. data services, and any additional features or services ordered by Customer (the “Service”).

THE INDIVIDUAL EXECUTING THIS AGREEMENT HEREBY REPRESENTS AND CONFIRMS THAT HE/SHE IS AUTHORIZED BY THE CUSTOMER TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF THE CUSTOMER AND IS ACTING ON ITS BEHALF WITHIN THE SCOPE OF THAT AUTHORIT Y IN EXECUTING THIS AGREEMENT. Customer’s use of the Service confirms acceptance of the terms and conditions described in this Agreement.

Customer shall pay for all charges as set forth in the applicable current state/federal tariffs for each Service provided, price lists and pricing guides. Customer shall pay for all usage charges, provision of data services and private lines, as well as any federal. state, or local assessments. surcharges and/or taxes, administrative and/or recovery charges for federal and/or state funding mechanisms, presubscription charges, and other charges related to the Service. OBERACONNECT, LLC ‘s rates are as set forth in the applicable tariff and/or price list provided in connection with this Agreement. Recurring charges and non-recurring charges will be billed in advance.

Service shall commence on the first day following the date on which OBERACONNECT. LLC notifies the Customer that the requested service or facility is available for use, unless a different date is selected by the Customer and agreed to by OBERACONNECT. LLC.

This Agreement shall continue for the term stated in the Service Agreement (“Initial Term”), if any, between Customer and OBERACONNECT. LLC. Upon expiration of the Initial Term. the Agreement shall automatically renew on the same Terms and Conditions set forth herein (subject to any applicable increase in rates) for a term equal to the Initial Term (“Renewal Term”) unless either party notifies the other in writing of its intention to terminate the Agreement at least sixty (60) days prior to the end of the Initial Term or the end of any Renewal Term In the event of a termination notice, the Agreement shall terminate upon the expiration of the Initial Term or Renewal Term. as the case may be. During the Initial Term or during any Renewal Term, Customer grants to OBERACONNECT, LLC the right to use Customer’s name and logo/trademark, for use by OBERACONNECT. LLC in OBERACONNECT. LLC ‘s advertising, promotional. and sales materials. including OBERACONNECT. LLC ‘s web site.

Customer shall send termination notices by registered or certified mail. return receipt requested. to OberaConnect. LLC at the address below:

OberaConnect, LLC
Attn: Accounting
1026 Stanton Road Suite A
Daphne.AL 36526

OBERACONNECT. LLC may reject a termination request received from any person other than the designated Customer contact(s) listed on the account.

When Customer cancels an application for service prior to the initiation of service. Customer will be required to reimburse OBERACONNECT. LLC for charges and expenses incurred by OBERACONNECT. LLC in installing or preparing to install Service, including installation charges (even if previously waived), or in connection with any special construction which may have been required. It is Customer’s responsibility to abide by all contractual obligations with its previous service provider(s) prior to initiating service with OBERACONNECT, LLC. OBERACONNECT. LLC shall not be liable or responsible for payment of early termination, disconnection or cancellation charges assessed by Customer’s previous service provider(s).

Customer may be eligible for reduced rates and/or discounts by agreeing to remain subscribed to OBERACONNECT. LLC for a specific period of time (“Term Commitment”) as reflected on the Service Agreement. Customers with Term Commitments (as that term is defined in the Service Agreement) who cancel prior to expiration of the Initial Term of the Agreement will be responsible, within twenty (20) days of the last billing date. for payment of termination liability charges equal to: (a) 100% of the monthly commitment multiplied by the number of remaining full months plus (b) any incentives and discounts received by the Customer and/or installation charges and third party charges (even if previously waived).

Service Level Guarantee and Credits: OBERACONNECT. LLC will work with the customer’s carrier(s) to issue credit allowances for service outages. The carrier(s) has the sole ability to issue service allowances due to outages. Upon Customer’s written request to OberaConnect, LLC Connect, OberaConnect, LLC will make a request to the carrier(s) for service allowance(s). If granted, the credit will appear on the next invoice following processing. A service outage begins when Customer reports the outage to the appropriate OBERACONNECT, LLC or carrier support number(s) to open a trouble ticket, and ends when the affected circuit is fully operational, as evidenced by the closing of the trouble ticket. No credits will be given for outages that are (a) caused by Customer or an end user; (b) due to failure of power or equipment provided by Customer or 3rd parties; (c) during any period in which OBERACONNECT. LLC is not given access to the Service premises; (d) part of a planned outage for maintenance; or (e) due to a force majeure event.

All invoices are payable upon receipt. Payment is past due if not received fifteen (15) days following the date on which the bill was issued. Late payment charges, compounded at 1.5% per month, will be applied by OBERACONNECT, LLC to any amount due thirty (30) days after date of invoice. If payment is not received by the due date or other payment arrangements have not been made, OBERACONNECT, LLC will automatically charge Customer’s valid credit card/debit card or Customer’s ACH checking transfer for any amount due. Customer agrees to keep a valid credit card/debit card on file with OBERACONNECT. LLC at all times. OBERACONNECT, LLC does not give refunds for unused services, or for any other reason. Failure to pay charges incurred may result in Customer’s account being placed in the hands of a third party for collection. If the delinquent account is referred to an attorney and/or collection agency, Customer agrees to pay all costs of enforcement (including the pursuit of a judgment through litigation) and collection, including all attorney’s fees and/or collection agency fees actually incurred by OBERACONNECT, LLC. Questions, concerns, or disputed charges should be directed to OBERACONNECT, LLC within thirty (30) days of the date of the invoice or they will be considered accepted by the customer. A 3.2% convenience fee will be assessed on all ECheck, Visa Card, MasterCard, Discover Card, American Express credit card transactions. No transaction fee will be assessed on payments made by check or ACH made at the corporate office of OBERACONNECT, LLC.

The Service may only be used for lawful and authorized purposes. By accepting this Agreement, Customer shall not improperly or fraudulently use the Service or permit others to do the same. Customer agrees to pay for any and all use of Services, regardless of whether such use was authorized by Customer. and agrees to indemnify and hold harmless OBERACONNECT, LLC from any claims that are the result of legal actions brought by any person Customer may have allowed to use the Service. Customer will obtain no property right or interest in the use of any specific type of facility, service connection, equipment, number, or code. Customer agrees to give OBERACONNECT. LLC prompt notice of abandonment, relocation, or loss of or damage to OBERACONNECT, LLC provided customer premise equipment. Customer will be charged the current retail sales price for lost or damaged equipment or equipment OBERACONNECT. LLC is unable to recover from Customer’s site upon cancellation or termination of service.

Customer also agrees to pay all non-recurring charges issued by OBERACONNECT. LLC per the Non-Recurring Service Fee Schedule incorporated herein and made a part of by reference and attached to this Agreement as an Addendum.

OBERACONNECT, LLC reserves the right to promptly refuse, limit the use of, interrupt or terminate the Service without incurring liability (i) for nonpayment of any amounts due, (ii) for provision of insufficient or fraudulent billing information, (iii) for breach of these terms and conditions or violation of applicable laws, rules or regulations, including, without limitation, improper or fraudulent use of the Service, (iv) by reason of an order of a court or governmental authority, (v) if OBERACONNECT, LLC deems such refusal necessary to protect itself or third parties from harm or liability or to otherwise protect its personnel. agents or services, or (vi) for violation of or noncompliance with additional OBERACONNECT, LLC terms and conditions not specifically detailed herein, but which may be set forth in its tariffs, price lists, pricing guides and/or on its web site. Termination of the Service by OBERACONNECT, LLC will not relieve Customer of its obligations under these terms and conditions.

The obligation to furnish, and to continue to furnish the Service is dependent upon OBERACONNECT LLC ‘s ability, without unreasonable expense, to obtain, retain and maintain access to suitable facilities, agreements with service providers, and governmental authorizations. The Service may be temporarily refused or limited due to capacity limitations or to other circumstances beyond OBERACONNECT LLC ‘s control. The Services may be temporarily interrupted or curtailed due to equipment modifications, upgrades, re-locations or repairs.

Under federal law, Customer has a right to restrict the use of. disclosure of, and access to, and OBERACONNECT. LLC has a duty to protect the confidentiality of, Customer’s Proprietary Network Information (“CPNI”). CPNI is information that relates to the telecommunications services purchased from OBERACONNECT, LLC including the types of services, how much Services are used, how Services are provided and related calling and billing records. CPNI does not include a Customer’s name, address or telephone number(s). OBERACONNECT. LLC is currently permitted to use CPNI, without further action by Customer or by OBERACONNECT. LLC. to fulfill orders, provide service, communicate with Customer and/or offer additional services of the type already purchased by Customer. Prior to using CPNI to market or offer Customer new and/or different communications-related products and services, however, OBERACONNECT, LLC is required to provide written notice of Customer’s rights and provide Customer an opportunity to deny OBERACONNECT, LLC ‘s use of its CPNI for this purpose. Customer’s indication of its approval or disapproval regarding this matter on the front page of the Service Agreement shall serve as affirmation that Customer has received the required notices and that Customer approves the use by OBERACONNECT, LLC of its CPNI. Customer’s approval or disapproval will not affect the provision of any services to which Customer subscribes, but Customer’s approval may enhance OBERACONNECT, LLC’s ability to offer products and services tailored to Customer’s specific needs. Any approval or denial of approval for the use of CPNI outside the service to which Customer already subscribes is valid until Customer affirmatively revokes or limits such approval or denial.

The Service is intended only for the use of Customer, its authorized agents and employees, and may not be resold without the prior written consent of OBERACONNECT, LLC. If Customer intends to resell or re-bill OBERACONNECT, LLC services, Customer hereby certifies that it has all necessary state, federal, legal. and regulatory authority to resell or re-bill any telecommunications services to its tenants or customers. If Customer is found to be in violation of any federal. state, or local law or regulation for reselling or re-billing telecommunications services, Customer shall indemnify and hold harmless OBERACONNECT, LLC for any related claims by any third party against OBERACONNECT, LLC including attorney’s fees and costs. All such indemnity obligations of Customer shall survive termination or expiration of the Agreement.

OBERACONNECT. LLC DISCLAIMS ANY EXPRESSED OR IMPLIED WARRANTIES WITH RESPECT TO SERVICE OR EQUIPMENT. INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE LIABILITY OF OBERACONNECT. LLC FOR ALL CLAIMS OF WHATEVER NATURE ARISING FROM OR RELATED TO THE PROVISION OF SERVICE SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF THE SERVICE CHARGES TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH ANY MISTAKE, ACCIDENT, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE PROVISION OF THE SERVICE OCCURS.

IN NO EVENT SHALL OBERACONNECT, LLC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, LOST PROFITS, OR LOSS OF CUSTOMERS OR GOODWILL, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT.

Any waiver of any breach of or failure to comply with any provision of this Agreement or applicable tariffs, price lists and/or pricing guides shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other provision hereof. OBERACONNECT, LLC shall not be liable or deemed to be in default for any delay or failure to perform under this Agreement or for interruption of service resulting directly or indirectly from Acts of God or any other cause beyond OBERACONNECT, LLC ‘s reasonable control (Force Majeure). If any provision or provisions of this Agreement are determined to be invalid, unenforceable or contrary to any existing or future law, statute or ordinance of any jurisdiction, such invalidity shall not impair the operation of or affect those provisions in any other jurisdiction nor shall it affect or impair the validity or enforceability of any other valid provisions hereof. This Agreement shall be in all respects governed by and enforced in accordance with the laws of the State of Virginia. Venue for an action concerning this Agreement shall be in a court of competent jurisdiction in and for Fairfax County, Virginia.

THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE CONTEMPLATED TRANSACTIONS, WHETHER NOW OR EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY. AND BARGAINED FOR AGREEMENT, AMONG THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY, AND THAT ANY PROCEEDING WHATSOEVER BETWEEN THEM RELATING TO THIS AGREEMENT OR ANY OF THE CONTEMPLATED TRANSACTIONS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY. THE PARTIES ENTER THIS JURY WAIVER KNOWINGLY AND VOLUNTARILY AND AFTER HAVING HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOOSING.