SERVICE AGREEMENT

PRINCIPLE

Franklin Telephone Company, Inc., hereinafter at times referred to as “Company or FTC”, provides SnapNet, our Internet connection service, for educational, professional, recreational, entertainment, and limited commercial purposes. As a responsible provider, we must ensure that our subscribers honor and respect the culture and etiquette of the Internet. This culture includes cooperation, civility, courtesy, and respect for privacy.

TERMS AND CONDITIONS OF USE

By logging on to SnapNet, you agree to be bound by the terms, expectations and conditions set forth herein at all times. Failure to act in accordance with such terms, expectations and conditions shall result in the immediate cancellation of your service, as well as possible legal action by the Company to recover any and all damages directly or indirectly incurred by the Company because of such failure by you.
1. You have read and understood the separate “Acceptable Use Policy,” also contained at http://www.ftcweb.net, which is incorporated by reference. You agree to abide by the guidelines. You agree that your account may be terminated if you do not follow the guidelines.
2. You agree to use SnapNet for only lawful purposes. You understand you may not transmit or store any information, data, or material in violation of US federal or state regulation or law. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
3. You understand that messages and data sent to destinations outside the United States must satisfy Department of Commerce regulations (either be within the GTDA guidelines for information which may generally be transmitted or have the required license).
4. You agree that your SnapNet account cannot be transferred by you or used by anyone other than yourself. Account sharing is strictly prohibited. No more than one login session can be active at a time by the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate termination. You agree not to resell, relicense or redistribute FTC’s Internet connection service to any individual, company or organization.
5. You agree that FTC is not responsible in any way for any information you may read, view, or retrieve while using SnapNet. FTC is not responsible for the content, accuracy, character, or attributes of any information. Information includes, but is not limited to, screen displays, data and text files, graphics files, and programs or executable files.

ACCOUNT SUSPENSION, CANCELLATION, CHANGE OR TERMINATION

1. You agree that the Company has the right to delete all data, files, or other information stored on FTC’s storage devices in your account, if your account is terminated, for any reason, by yourself or by the Company.
2. You agree the Company may cancel your SnapNet at any time by sending written notice to your last known mailing or billing address.
3. You agree that you may cancel your SnapNet by calling FTC or informing them in writing. Disconnects are processed on the 1st day of the month only. You agree that you will be responsible for the service fee for the month in which you disconnect.
4. You agree the Company has the right to suspend your service at any time, for any reason, without notice. If such a suspension is to last for more than 30 days, you will be notified as to the reason.
5. You agree that the first month’s service fee will be prorated from the date of activation through month end. First bill will include prorated charge of activation month and full charge of current month.
6. You agree that the charge for use may be changed from time to time upon prior notice to you.
7. You agree that account balances that are unpaid by the due date as shown on your monthly statement will be assessed a $4.00 late fee.
8. You agree that all return checks or drafts will have a $30.00 charge applied. Notations made on checks or accompanying material will not secure your rights.
9. You acknowledge and agree that Company may from time to time, use other companies, including but not limited to affiliates and/or sister company with or without notice to you and provide any and/or all parts of the internet service covered by this agreement and to the extent of such provision all other entities are covered by and held harmless to the full coverage and protection of the provisions of this agreement, including but not limited to the provisions related to release, indemnifications and limitations of damages.

WARRANTY AND LIABILITY

1. You agree to indemnify, release, and hold harmless the Company from any claims or damages resulting from use of SnapNet.
2. Warranty is made by the Company regarding any information, services or products provided through, in connection with, or located on the computer systems of the express access service or other services provided by the Company, and the Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information product, or services; and 2) any warranties of merchantability or fitness for a particular purpose.
3. Any liability of the Company, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the Company for the current month.
4. In addition to and without limiting all other terms and conditions of your service agreement, by using SnapNet, you agree and acknowledge that the Internet is a public network and that FTC does not have any means by which to control or regulate the use of such network by others. You assume all risks of intrusion or infiltration into your computer or computing system, including without limitation, sabotage, destruction of files, damage or alteration of software or of the components of your computer or computing system, fraud, theft, loss of data, invasion of privacy, and use of your computer or computing systems by third parties to intrude upon or infiltrate any other computer or computing system for such purposes. Further, by using SANPNET, you agree to release and indemnify and hold harmless FTC against any and all claims related to such risks.
5. You do not acquire any property or contractual rights in or to any electronic mail or web site address assigned to you by SnapNet. FTC reserves the right to change any address assigned to you as it deems necessary in its sole discretion without liability to you for damages of any type, including without limitation, consequential damages.
YOU ARE SOLELY RESPONSIBLE FOR ALL USE AND ANY MISUSE OF YOUR SNAPNET ACCOUNT, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, AND YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS FTC FROM ANY AND ALL LOSSES, DAMAGES AND COSTS, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED TO USE OF YOUR SNAPNET ACCOUNT IN VIOLATION OF THIS ACCEPTABLE USE POLICY OR THE SERVICE AGREEMENT. COMPANY HAS NO OBLIGATION TO MONITOR ANY ELECTRONIC COMMUNICATION, INCLUDING ELECTRONIC MAIL, TRANSMITTED OR STORED ON THE SNAPNET. HOWEVER, YOU AGREE THAT COMPANY HAS THE RIGHT TO MONITOR THE SERVICE ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST, TO OPERATE THE SERVICE PROPERLY, OR TO PROTECT ITSELF OR ITS SUBSCRIBERS. COMPANY WILL NOT DISCLOSE ANY PRIVATE ELECTRONIC-MAIL MESSAGE UNLESS REQUIRED BY LAW. COMPANY RESERVES THE RIGHT TO REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT, IN ITS SOLE DISCRETION, ARE UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THIS AGREEMENT.

GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws and statutes of the State of Mississippi without regard to its conflicts of laws principles.

ARBITRATION

You acknowledge and agree that use of the SnapNet or the Internet pursuant to this Agreement and/or any controversy or claim arising out of or relating to this Agreement or the breach thereof touches and concerns interstate commerce. You further agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be submitted to binding arbitration at a mutually agreeable site in Mississippi, or if no site can be agreed upon, then in Jackson, Mississippi. Such arbitration shall be binding upon both you and the Company and shall be conducted under the rules of the American Arbitration Association (AAA), including selection of the arbitrator(s), which shall be accomplished in accordance with the rules of the AAA. The prevailing party in such arbitration shall be entitled to recover the costs of such arbitration from the other party, including reasonable attorneys’ fees. The arbitrator(s) shall provide a written explanation of any decision, citing the facts and any applicable law upon which such decision is based. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

AGE OF CUSTOMER

If you are less than 18 years old, you must have the permission of your parent or guardian before logging onto SnapNet. If you do log on, you represent that you have such permission, you agree to be bound by the terms hereof, and that your parent or guardian promises on your behalf to be bound by this service agreement and acceptable use policy.
The use of the SnapNet Service is subject to the provisions of the Service Agreement and Acceptable Use Policy contained at http://www.ftcweb.net at the time of each log-on, as amended from time to time by FTC in its sole discretion.
6/06/05

Network Management Information Policy

Franklin Telephone Company (‘Service Provider’) strives to provide a superior online experience for all of its customers. While attempting to provide this experience, Service Provider utilizes reasonable network management practices consistent with industry standards and the Federal Communications Commission’s (‘FCC’) Open Internet rules to provide its customers with unrestricted access to all of the lawful content, services and applications available on the Internet. Service Provider uses these network management practices in an attempt to avoid negative impacts to its customers such as spam, viruses, malware, phishing attacks, security related attacks, network congestion, and other events that could impact service.

Service Description and Performance Characteristics

Service Provider allows its customers to choose from several rate plans with different capacity levels. Information on these plans is available on our website at www.FTCweb.net. The typical speed range of broadband service experienced by most customers depends on the plan selected and can range from 1 Mbps to 10 Mbps. Service Provider measures its network performance utilizing the following performance measurements and methodology. Using an FTP server located on our data routers, this details approximate latency and speeds that are within Service Provider’s controls. We continue to monitor our Packet Data Service Node for network bottlenecks and latency. Service Provider believes this approach provides the best approximation of actual speeds and latency for its service. Customers can verify speed using a variety of third-party websites, such as www.broadband.gov/qualitytest/about/ (as of November 20, 2011), to measure the provisional speeds of Company’s broadband service. Such third-party websites are not affiliated with Service Provider, and Service Provider does not make any guarantees as to the accuracy of test results obtained through those third-parties. Connections are suitable for real-time applications such as video and VoIP.

Network Management Practices

Service Provider does not use network management practices that will block or limit any specific network traffic, application or Internet capable device unless the network traffic, application or Internet capable device is deemed unlawful or unsafe to the Service Provider’s network. Service Provider uses various industry standard tools and applications, along with best practices, to identify any such events inside of its network acting in an unlawful or unsafe manner. Service Provider may prevent this unlawful or unsafe activity if it believes that it might have a harmful impact to the Service Provider or any of its customers. Service Provider reserves the right to develop and implement policies to prevent excessive data usage, including, but not limited to, assessing usage-based charges or terminating service to customers exceeding a certain usage threshold.

The various network management practices and tools utilized by the Service Provider do not monitor, inspect or store the network activity of its Internet users. Service Provider does not distribute information on network activity and/or traffic to any third party, or use network traffic information for any non-network management purpose. Service Provider reserves the right to monitor bandwidth, usage, transmissions and content for purposes of protecting the integrity and availability of the Service Provider’s Internet service offering through reasonable network management practices. Service Provider’s affiliate, Telepak Networks, scans customer e-mail for malware and viruses, and Service Provider informs the customer if it is found to be infected. However, customers are responsible for protecting their own computer equipment connected to Service Provider’s network. Network traffic, activity, performance information, and equipment information monitored or collected by Service Provider is done so for the sole purpose of reasonable network management purposes.

If you have any questions regarding Service Provider’s Network Management Information Policy or would like to file a complaint with Service Provider regarding its network management practices, please contact Service Provider at:

Franklin Telephone Company
1094 Monroe Rd.
Bude, MS 39630
877-422-1212
www.FTCweb.net
comments@FTCweb.net

INFRINGEMENT NOTIFICATION:

To file a notice of infringement with C Spire, provide a written communication by certified U.S. Mail, return receipt requested, that sets forth the information specified in the list below. Email notices will not be acceptable without prior written agreement. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that content is infringing your copyright(s). If you are not sure whether the content at issue infringes on your copyright, please consult an attorney.

To expedite the processing of your request, please use the following format (including section numbers):

1. Identify with sufficient detail the copyrighted work that you believe has been infringed (for example, "The copyrighted work at issue is the "Name of the work" by "name of the artist" which is available at (http://______________)");
2. Identify the content that you claim is infringing the copyrighted work listed above. Include identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit C Spire to locate the content;
3. Provide information reasonably sufficient to permit C Spire to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. Make the following statement: "I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law";
5. Make the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
6. Sign the document; and
7. Send the written communication to:

   C Spire
   1018 Highland Colony Parkway, Suite 700
   Ridgeland, Mississippi 39157
   Attn: Charles Watson
   E-mail:CDWATSON@CSPIRE.COM