North Pittsburgh Telephone Company

ConnectTime Broadband Phone Service Terms of Service

YOU SHOULD READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, OUR RIGHTS AND EMERGENCY 911 DIALING.

The North Pittsburgh Telephone Company (NPTC) ConnectTime Broadband Phone Service Terms of Service is an agreement (the “Agreement”) between the subscriber (“you”, “your” or “Subscriber”) and NPTC (“us” or “we”). The Agreement describes the terms and conditions under which you agree to use NPTC ConnectTime Broadband Phone Service (“Service”) and under which we agree to provide the Service to you. By activating or using the Service, you acknowledge that you have read and understand, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. EMERGENCY SERVICES – 911 DIALING

1.1. Traditional E911 Service is available, but only at your NPTC physical service address. ConnectTime Broadband Phone Service does support traditional E911 access emergency services from your North Pittsburgh Telephone Company Physical Service Address Location. HOWEVER, IN THE EVENT OF AN EMERGENCY DURING A POWER OUTAGE, YOU WILL NEED TO USE YOUR NPTC TRADITIONAL LOCAL PHONE SERVICE AS AN ALTERNATE MEANS OF ACCESSING E911 EMERGENCY SERVICES. You agree to inform any household residents, guests and other third persons who may be present at the physical location where the ConnectTime Broadband Phone Service is utilized regarding the limitations of 911 Emergency Response Service. For purposes of this Agreement, “Physical Service Address Location” shall mean the actual street address provided by you to NPTC as the service location upon service start up unless you provide a change of address, in writing, to NPTC. You agree to use the Service only at the Physical Service Address Location within the NPTC service area and you further agree that you will inform NPTC in writing should you wish to move the Service to a New Physical Service Address Location within the NPTC service area.

1.2. E911 Emergency Response Service Does Provide Automated Number and Location Identification only from your NPTC physical service address. You acknowledge and understand that when you use the 911 Emergency Response Service, the local emergency personnel receiving your call will be able to identify your phone number or the physical address from which you are calling as long as you are calling from your Physical Service Address Location. You will still need to state the nature of your emergency promptly and clearly, including your telephone number and location.

1.3. Emergency 911 Calls from a Location Other Than Your NPTC Physical Service Address May Not Be Directed Correctly to a Local Emergency Service Provider. You agree that you will not use the Service at any Physical Service Address Location other than the actual street address provided by you to NPTC. Any use of the Service at a location other than the Physical Service Address Location is a violation of the terms of this Agreement. You acknowledge and understand that ConnectTime Broadband Phone Service does support traditional E911 access to emergency services only from the NPTC Physical Service Address Location where the ConnectTime Broadband Phone Service was installed. If you use the ConnectTime Broadband Phone Service from a location other than your Physical Service Address Location that you have registered with ConnectTime in violation of the terms of this Agreement (e.g., if you move without informing NPTC or use the Service while you are traveling) any 911 emergency calls you make will not be routed to the correct local emergency service provider. If you dial 9-1-1 using the Service when away from your home service location in violation of this Agreement, the local emergency personnel receiving your call will receive your ConnectTime Broadband Phone number. However, the emergency personnel may not receive the physical address from which you are calling. You will need to state the nature of your emergency promptly and clearly, including your location and a telephone number at which you can be reached. The individual answering the call may not be able to call you back or find your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to tell them your call-back phone number and physical location and/or if the ConnectTime Broadband Phone Service is not operational for any reason.

1.4. Power or Broadband Service Outage. You acknowledge and understand that a power or broadband service outage will prevent ALL Service, including the E911 Emergency Response Service. HOWEVER, IN THE EVENT OF AN EMERGENCY DURING A POWER OUTAGE, YOU CAN USE YOUR NPTC TRADITIONAL LOCAL PHONE SERVICE AND A NON-CORDLESS PHONE AS AN ALTERNATE MEANS TO ACCESS 911 EMERGENCY SERVICES. Should there be an interruption in your power, ConnectTime Broadband Phone and the 911 Emergency Response Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure equipment prior to utilizing ConnectTime Broadband Phone Service or the E911 Emergency Response Service. In addition, because the Service is dependent on your broadband connection, the availability of an adequate power supply and correct equipment configuration, NPTC does not guarantee that the service will be continuous or error-free. NPTC will not offer credits for service failures due to power outages or disruptions in your broadband connection.

1.5. Service Outage Due to Suspension of Your Account. You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent ALL service, including the 911 Emergency Response Service.

1.6. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calls. You acknowledge and understand that calls made using the E911 Emergency Response Service may be subject to network congestion and or reduced routing speed.

2. DEFINITION OF SERVICE.

NPTC ConnectTime Broadband Phone Service is an enhanced voice communication service available for use only from registered Physical Service Address Locations within the NPTC service area that uses a data network (like the Internet) to transport voice communications that have been converted into data packets. The service offering includes unlimited toll-free local, regional and long distance calling to the United States (including Alaska and Hawaii), Puerto Rico, the US Virgin Islands and Canada. All international (011 dialed) calls are blocked. For purposes of this Agreement, the term “Service” shall mean NPTC ConnectTime Broadband Phone Service, including all Software, Equipment, and other features, products and services provided by NPTC under the pricing plan that you have selected. For purposes of this Agreement, “Equipment” shall mean an NPTC-provided telephone adapter (“Adapter”) with power supply and accompanying Ethernet Cable.

3. REVISIONS TO TERMS AND PRICING.

NPTC may, from time to time, revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference) and the pricing for the Service. Specifically, we may decrease fees and charges with or without advance notice, and we may increase fees and charges for the Service after we post them as part of the price list. Taxes may be changed with or without notice. You will also be responsible to pay any fees, payment obligations, and taxes that become applicable retroactively. Notice of revisions to the Agreement or pricing shall be deemed given upon posting to the NPTC ConnectTime Broadband Phone web site (“the Web site”). If you do not agree to the revision(s), you must terminate your service immediately, subject to the termination provisions provided in this Agreement. Continued use of the Service after revisions are effective will constitute your consent to such revisions.

4. SERVICE USE AND DISTINCTIONS.

4.1. Service Use. You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that NPTC relies on the information you supply and that providing false or incorrect information may result in Service provisioning and delivery delays, the suspension or termination of your Service and the inability of a 9-1-1 dialed call to be correctly routed to emergency service personnel, as further explained above. You agree to promptly notify NPTC whenever your personal or billing information changes (including for example, your name, address, email address and telephone number). You agree to use the Service only at the Physical Service Address Location within the NPTC service area which you have provided to NPTC and you further agree that you will inform NPTC in writing should you wish to move the Service to a new Physical Service Address Location within the NPTC service area. You acknowledge and agree that should you move the service without informing NPTC in writing and use it at a location other than the Physical Service Address Location, that you will be in violation of this Agreement and may be subject to termination and suspension as set forth in Section 6 of this Agreement.

4.2. Service Responsibility. You agree that you are responsible for all use on your account. You understand that this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that NPTC may send you information, including your password, via email over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information and telephone calls you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your usernames and passwords, as well as the media access control (MAC) address of the Adapter. The MAC-address is one of the pieces of information used by NPTC to authenticate customer calls and should not be shared.

4.3. Residential Use of Service and Device.

4.3.1. The Service is provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using it for any commercial or governmental activities, profit-making or non-profit, including but not limited to business, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns for one household. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or Equipment is, or at any time was, inconsistent with normal residential usage patterns.

4.3.2. You are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from NPTC in advance.

4.3.3. You acknowledge and understand that with this service you can make calls to other numbers that are listed in our records as being located anywhere in the United States and Canada. You cannot make International, 500, 700, 900, (412)976, 0+ or operator assisted calling, or dial around calls (e.g., 1010-xxxx). This Service does not support Directory Assistance calling via 411 or XXX-555-1212. In addition you understand that this service does not support N11 calling, with the exception of 911.

4.3.4. You agree that your use of the Service, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations. You agree that the Internet is not owned, operated or managed by, or in any way affiliated with NPTC. You further agree that NPTC does not own or control all of the various facilities and communications lines through which the Service may be provided. This Service is not offered or shipped to any address outside of the United States. If you use the Service or the Equipment outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use. Furthermore, NPTC will not be responsible or liable for the transmission of your physical location address if the Service or Equipment is used outside of the United States.

4.3.5. NPTC may require the Subscriber to immediately shut down its transmission of signals if said transmission is causing interference to others.

4.3.6. NPTC reserves the right to audit your use of the Service to enforce the provisions of this Agreement. NPTC reserves the right to track and monitor your service and usage subject to the requirements of the United States Patriot Act, CALEA and other appropriate legal processes. You acknowledge and understand that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable state or federal law.

5. HOME SECURITY SYSTEMS AND OTHER NON-VOICE COMMUNICATIONS EQUIPMENT

You acknowledge and understand that the Service is not compatible with all non-voice communications equipment, including but not limited to, medical monitoring devices, some home security systems that include the function of providing automatic phone calls, some aspects of satellite TV systems, digital entertainment systems, fax machines and modems. By accepting this Agreement, you waive any claim you may have against NPTC for interference with or disruption of such systems due to the Service.

6. TERM AND TERMINATION

6.1. Effective Date and Term. Activation or use of the ConnectTime Broadband Phone Service shall constitute acceptance of the terms and conditions herein. This Agreement will remain in effect until terminated by either party or superseded by a revised ConnectTime Broadband Phone Service Terms of Service.

6.2. NPTC offers the Following Money-Back Guarantee. NPTC offers a thirty (30) day money-back guarantee period, which begins either when you activate your NPTC-provided Adapter or seven (7) days after you order the Service, whichever is earlier (the “Guarantee Period”). During the Guarantee Period, you may cancel the Service and receive a full refund of any account setup fee and all monthly charges paid to NPTC.

6.3. Termination of Service. Either you or NPTC may terminate this Agreement without cause by giving notice to the other in accordance with the notice provision set forth in this Agreement. Termination of Service by you will be effective upon your notice to NPTC. Termination by NPTC shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement.

6.4. Termination and/or Suspension by NPTC. If: (a) you are in breach of any of the terms of this Agreement or any payment obligations with respect to the Service; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, NPTC’s network, or the use and enjoyment of other users; (c) NPTC is required by a judicial, legislative or regulatory body of competent jurisdiction to suspend or terminate your service; or (d) a ruling, regulation, or order is issued by a judicial, legislative or regulatory body that conflicts with this Agreement; (e) NPTC for any reason ceases to offer the Service; or (f) you no longer meet the pre-requisites for the Service, then NPTC may terminate or suspend your Service immediately without notice. NPTC shall have sole discretion in its determination of whether any of the conditions (a) – (f) are met.

6.5. Return of Equipment. You agree that at the time of cancellation or termination you have two (2) weeks to return the Analog Telephone Adapter (ATA) supplied and/or rented to you. Failure to return the Equipment in working condition in the prepaid envelope that NPTC will provide to you will result in a charge to your account of $275.00.

6.6. Terminated Account. NPTC, in its sole discretion, may refuse to accept your application for renewal or re-subscription following a termination or suspension of your use of the Service. If your Service is terminated for any reason, you agree to pay a reconnection fee if the Service is reactivated.

6.7. Telephone Number and Web Portal Discontinuance. Upon cancellation, expiration or termination of the Service, Subscriber agrees to discontinue and relinquish use of any Number, voice mail access number and/or Web Portal assigned to Subscriber by NPTC or its vendors.

6.8. Regulatory Compliance. In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes NPTC to believe that this Agreement may be in conflict with such rules, regulations, and orders, NPTC may terminate or modify your Service and/or this Agreement without notice.

7. PRICING AND PAYMENT

7.1. Prices and Fees. NPTC fees and charges for the Service are supplied to you during the ordering process unless otherwise provided for in this Agreement. The fees and charges for the Service begin to accrue on the date NPTC installs your Service. You agree to pay the applicable monthly charge. You further agree that any taxes, regulatory fees and surcharges and other charges effective presently or enacted in the future, including, but not limited to, account set up fees, early termination fees, adapter fees, equipment charges, shipping and handling, and other nonrecurring charges will be charged to your account. You also agree to pay any additional charges or fees applied to your account for any reason, including but not limited to, late payment interest charges, and charges due to insufficient funds checks.

7.2. Discontinuance of Service for Nonpayment. Service to you may be denied or discontinued, without notice, at any time, in the event that you do not pay your bill. If you have any dispute concerning the Service on your monthly bill, you must notify NPTC in writing of the details of the amount that you are disputing within fifteen (15) days of receipt of the billed service in question. All notices of disputed charges should be sent to: North Pittsburgh Telephone Company, 4008 Gibsonia Road, Gibsonia, PA 15044. NPTC will not suspend your service for nonpayment of the part of the bill that you are disputing. In the event that NPTC utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse NPTC for all expenses incurred to recover such monies, including attorneys’ fees.

7.3. Promotional Limitations. NPTC may limit the number of promotional offerings that you may be eligible for in a given period.

7.4. Waiver of Fees. The waiver of any fees or charges lies solely in the discretion of NPTC.

8. MANAGEMENT OF YOUR DATA AND COMPUTER

8.1. System Management and Service Performance. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment, including your computer and telephone, and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Service and to operate your computer. NPTC will only provide technical assistance with respect to your NPTC-provided Adapter.

8.2. Monitoring of Network Performance. NPTC automatically measures and monitors network performance. In order to provide customized technical support, we also may access and record information about your computer’s profile and settings and the installation of Software we provide. No adjustments to your computer settings will be made without your permission. You hereby consent to NPTC’s monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as set forth above, as they relate to the Service.

9. SOFTWARE LICENSES

To the extent that any Software is licensed by NPTC, such Software is provided for the limited purpose of facilitating the Subscriber’s use of the ConnectTime Broadband Phone Service as described in this Terms of Service Agreement. The Subscriber will not engage in, or permit, any additional copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. Upon termination of the ConnectTime Broadband Phone Service for any reason, the Subscriber will promptly return or destroy all Software that may have been provided by NPTC and any related written materials.

10. TELEPHONE NUMBER

The Subscriber agrees that any telephone number provided by NPTC (“Number”) is leased subject to the terms and conditions of this Agreement and is not being sold to the Subscriber. The Subscriber agrees not to use the Number with any other service or any other device other than NPTC provided Equipment, without the express written permission of NPTC. NPTC reserves the right to change, cancel, revoke or move the Number to another Subscriber at its sole discretion.

11. PRIVACY POLICY

11.1. ConnectTime Broadband Phone Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that NPTC cannot guarantee that Voice over Internet Protocol (VoIP) communication is completely secure. NPTC will treat your personal information in accordance with its then current Privacy Policy available at http://www.nptc.com/privacy/disclosure and the terms of this Agreement. The NPTC Privacy Policy is incorporated into this Agreement by reference, but in the event of a conflict between NPTC’s Privacy Policy and the other terms of this Agreement, this Agreement shall control. You agree to the terms of the Privacy Policy, which describes NPTC’s use and disclosure of information about your account and your use of the ConnectTime Broadband Phone Service.

11.2. In addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, NPTC shall have the right (except where prohibited by law notwithstanding Subscriber’s consent), but not the obligation, to disclose any information to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. Subscriber hereby consents to such actions and disclosures.

12. WARRANTIES AND LIMITATION OF LIABILITY

12.1. You acknowledge and agree that the service is provided on an “as is” or “as available” basis, with all faults. Except as otherwise specifically set forth in this Agreement and as otherwise specifically set forth in any manufacturer warranty for any equipment provided by NPTC (but only if such warranty is included with such equipment), NPTC (and its officers, employees, parent, subsidiaries and affiliates), its third party licensors, providers and suppliers, disclaim any and all warranties for the service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, integration, and those arising from course of dealing, course of trade, or arising under statue. NPTC does not warrant that the service will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Nor shall information given by NPTC or its representatives create a warranty. Use of NPTC technical support is at your own risk and is not warranted.

12.2. In no event shall NPTC (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, including ISPs, be liable for: (a) any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data, computer equipment or routers arising out of the use, partial use or inability to use the service or NPTC-provided equipment, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if NPTC has been advised of the possibility of such claim or damages, or (b) any claims against you by any other party.

12.3. NPTC shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or for any interruption or degradation of voice quality that is caused by any of the following: (a) act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network, or facility failure; (c) equipment, network or facility upgrade or modification; (d) equipment, network or facility shortage; (e) equipment or facility relocation; (f) service equipment, network or facility failure caused by the loss of power to you; or (g) any other cause that is beyond NPTC’s control, including without limitation the failure of incoming or outgoing communications, the inability of communications to be recorded or completed or degradation of voice quality.

12.4. NPTC shall not be liable for any service outage and/or inability to access emergency service personnel.

12.5. NPTC’s liability for any failure or mistake shall in no event exceed service charges with respect to the affected time period.

12.6. All limitations and disclaimers stated in this paragraph also apply to NPTC’s third party licensors, providers and suppliers, as third party beneficiaries of this Agreement.

12.7. Any rights or limits stated herein are the maximum for which NPTC (and its officers, employees, parent, subsidiaries, and affiliates), NPTC’s third party licensors, providers and suppliers, are collectively responsible.

12.8. The remedies expressly set forth in this Agreement are your sole and exclusive remedies. You may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to you.

12.9. NPTC reserves the right to pursue any and all legal and equitable claims against you pertaining to your use or misuse of the Service or for your breach of the Agreement (including any policies relating to the Service and Equipment.)

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless NPTC from and against all claims, losses, damages, fines, liabilities, penalties, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations of this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (c) injuries to or death of any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of NPTC; (d) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet; or (e) the absence, failure or outage of the Service, including the Emergency Response Service and/or inability of you or any third party user of your Service to be able to access emergency service personnel.

14. NOTICES

Notices from you required under this Agreement shall be provided to NPTC in accordance with the methods set forth on the Web site in the Contact Us Section. Notices by NPTC to you will be provided by one or more of the following: posting on our Web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or email to an address provided by you.

15. GENERAL PROVISIONS

15.1. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.

15.2. NPTC will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

15.3. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

15.4. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any governing law, applicable tariff or underlying network service or component affecting the Service.

15.5. NPTC’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

15.6. This Agreement shall be governed by the internal laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Exclusive jurisdiction of any action or proceeding brought under or in connection with this Agreement shall be vested in either the Court of Common Pleas of Allegheny County, Pennsylvania, or in the United States District Court for the Western District of Pennsylvania and the venue of any action shall be in the County of Allegheny, Pennsylvania. You consent irrevocably to the jurisdiction over you of either of the aforementioned Courts in any such action or proceeding. You agree that the venue provided above is the most convenient forum for both parties. You waive any objection to venue or jurisdiction and any objection based on a more convenient forum in any action under this Agreement.

15.7. This Agreement, including all Attachments and all other policies posted on the Web site, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and NPTC with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any addition or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

Issued 12/19/05