Qwest® High-Speed Internet Subscriber Agreement

CenturyLink TM High-Speed Internet Subscriber Agreement
TM
This CenturyLink
High-Speed Internet Subscriber Agreement together with the exhibits and materials referenced herein
(“Agreement”) is between CenturyLink and the end user of the CenturyLink service(s) and equipment described below (“you” or
“Customer”). For Customer convenience, this Agreement combines obligations of multiple CenturyLink entities, but does not create
joint liability between the CenturyLink entities. The particular CenturyLink entity providing you Service, Equipment and/or Software and
the provision and receipt of such is subject to all provisions of this Agreement, unless otherwise specified herein. Please review the
Agreement carefully; it governs your use and CenturyLink’s provision of the Service, Software, and Equipment.
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE AND/OR EQUIPMENT, FAILING TO RETURN THE
EQUIPMENT AND CANCEL SERVICE WITHIN 30 DAYS AFTER ORDERING SERVICE OR EQUIPMENT, OR INSTALLING THE
EQUIPMENT YOU AFFIRM THAT YOU UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT,
EVEN IF YOU CHOOSE NOT TO READ IT. FURTHER, YOU AFFIRM THAT YOU UNDERSTAND AND AGREE TO THE PRICES
AND CHARGES QUOTED TO YOU DURING THE ORDERING PROCESS AND OTHER TERMS AND CONDITIONS PROVIDED TO
YOU DURING THE ORDERING PROCESS AND ON http://qwest.centurylink.com/legal/highspeedinternetsubscriberagreement/ and
http://qwest.centurylink.com/legal. ALL OF WHICH ARE INCORPORATED BY REFERENCE, AND YOU REPRESENT THAT YOU
ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND ARE BOUND BY IT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS IN THIS AGREEMENT (INCLUDING FUTURE REVISIONS), DO NOT USE THE SERVICE OR
EQUIPMENT, CALL CENTURYLINK AT 1 800-244-1111 (Consumer/Residential accounts), 1 800-603-6000 (Small Business
accounts), or 1 800-777-9594 (Global/Business & Government Services accounts) TO CANCEL THE SERVICE IMMEDIATELY, AND
RETURN THE EQUIPMENT TO CENTURYLINK ACCORDING TO THE RETURN POLICY & PROCEDURE FOUND IN THE
EQUIPMENT BOX (BLACK & WHITE CARD) OR IN THE USER MANUAL (“User Manual”).
1.
Definitions.
“AUP” means the CenturyLink Acceptable Use Policy posted at http://qwest.centurylink.com/legal/, including all future revisions.
“Equipment” means CenturyLink-provided modem(s) and equipment to enable networking which may include without limitation USB
adaptors and/or wireless cards.
“Force Majeure Event” means an unforeseeable event beyond the reasonable control of a party, including without limitation: act of God;
fire; flood; labor strike or unrest; sabotage; cable cuts; acts of terror; power shortage or power failure, e.g., rolling blackouts; material
shortages or unavailability or other delay in delivery not resulting from CenturyLink's failure to timely place orders therefore; lack of or
delay in transportation; government codes, laws, regulations, ordinances, rules, or restrictions; war or civil disorder; or failures of
suppliers of goods and services.
“Late Charge” is a fee of up to $6.00 per month that is assessed each month in which any portion of the payment is not received by or
immediately available to CenturyLink by the due date.
“MRCs” means monthly recurring charges.
“NRCs” means non-recurring, one-time charges.
"CenturyLink" means the affiliate of CenturyLink, Inc. that provides you the Service, Software, and/or Equipment.
"Regulatory Activity” means any regulation and/or ruling, including modifications thereto, by any regulatory agency, legislative body or
court of competent jurisdiction.
TM
“Service" means all of the services you receive from CenturyLink from the following list: CenturyLink High-Speed Internet; Pure
TM
Broadband, CenturyLink Connect Internet Basic, CenturyLink Office Basic, and CenturyLink Office Plus, MSN® Premium or Windows
Live™ from CenturyLink, or other CenturyLink-provided Internet access service; CenturyLink Home Network Backer®; CenturyLink
Office Network Backer®; CenturyLink Message Manager; additional services described in the Service Description Section below, and
related CenturyLink installation, repair, support and provisioning. “Service” when used in the Service Description Section below refers
to the specific service being described.
“Taxes” means foreign, federal, state and local taxes, surcharges, other similar charges, and any other imposition that may be passed
on by CenturyLink to Customer.
2. Service Description. Qwest Corporation, d/b/a CenturyLink QC (“CenturyLink” or “CQC”) and/or Qwest Broadband Services, Inc.,
d/b/a CenturyLink QBS (“CenturyLink” or “QBS”) will provide, and you will purchase the Service. Further details regarding the Service
may be provided in product literature, user manuals, and on www.centurylink.com and are incorporated herein by reference.
TM
CenturyLink High-Speed Internet is also part of Office Basic and Office Plus service. Office Basic and Office Plus customers are also
subject to Section 2(a) below.
(a) CenturyLink
TM
High-Speed Internet.
TM
(i) CenturyLink will provide CenturyLink High-Speed Internet service that runs over the same line as your CenturyLink wireline
telephone line (except for IDSL). If you do not have a CenturyLink wireline telephone line, CenturyLink will provide stand-alone
Service that runs over a physical connection to your location. You must specify a CenturyLink telephone number to use with the
Service (unless you order stand-alone Service). CenturyLink may terminate your Service or charge you for stand-alone Service if
you change your CenturyLink local telephone service to another company, or move your CenturyLink local telephone service to a
wireless service provider.
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TM
(ii) Availability. CenturyLink High-Speed Internet service may not be available in all areas or at the rates or speeds generally
marketed. The speed(s) available at your location are identified during the ordering process. Service speeds are “up to” and
CenturyLink will provision your line at the maximum speed it qualifies for within the speed range of the Service you selected. Your
location may subsequently be eligible for additional speed options; provided that you will be charged a speed change charge for
any speed change. Additionally, some ISPs may not be supported for all speeds and in all areas and, if you change speed you
may no longer be able to utilize the ISP you originally selected. Availability of service depends on availability and limits of
CenturyLink wire centers and facilities. Service will not be provided using unsuitable facilities or if provision of Service creates
interference with other services. Service is offered only to location(s) qualified by CenturyLink line qualification procedures. Some
lines may not qualify for the Service even if initial tests qualified such lines. Speed and availability of Service are not guaranteed
and may be limited by a variety of factors including but not limited to the physical condition of your line and wiring at your location,
your service location, phone line qualifications, computer performance/configuration, and network/Internet congestion. Service is
provided on a per-line basis, and the actual throughput and connection speed of your Service depends on a number of factors such
as Internet traffic and congestion or bandwidth, distance of your home from a CenturyLink central office, viruses or spyware, server
speed of the Web sites you connect to, traffic and congestion on your home network or corporate LAN, and Windows PC settings,
in addition to the factors listed above. Uninterrupted or error-free Service is not guaranteed and CenturyLink may limit speeds.
(iii) Moves. If you move to another location (including a move within the same building) you are not guaranteed to have Service at
the new location. Your line must be re-qualified for Service at any new location and MRCs and NRCs applicable to new Service
will apply.
(iv) CenturyLink Facilities and Equipment to Provide Service; Licenses. Certain CenturyLink facilities and equipment used to
provide you high-speed Internet service may be located on your premises. These facilities and equipment are the property of
CenturyLink and must be installed, relocated, rearranged, tested, inspected, and maintained only by CenturyLink. You are
responsible for damage to such facilities and equipment resulting from your negligence (including failure to reasonably prevent
damage by others) or willful conduct. You may not attach or connect anything to the CenturyLink facilities or equipment unless
authorized by CenturyLink. Any unauthorized attachments or connections may be removed or disconnected by CenturyLink and
your Service may be suspended or terminated as a result. You agree to provide CenturyLink access to your premises at
reasonable hours if necessary to terminate or cancel Service or to maintain or remove the facilities and/or equipment. CenturyLink
is not liable for defacement or damage to your premises resulting from the existence of CenturyLink facilities or equipment and
associated wiring, or from the installation or removal thereof, when such defacement or damage is not the result of CenturyLink
negligence. You may be required to provide, install, and maintain, at your expense, certain items such as appropriate space and
power, and rights or licenses, to receive high-speed Internet service, if such items are not already in place. These items may
include without limitation suitable commercial power, power wiring and outlets, housing, heat, light, and ventilation for the operation
of telephone facilities, rights to use or install pathways, shafts, risers, conduit, telephone closets, interior wiring, service areas,
racks, cages, utility connections, entries and/or trench (for purpose of providing entrance facilities into multi-unit housing
complexes, commercial properties or business developments to reach points of termination).
TM
(b) Internet Access. You must select a qualifying Internet access provider at the time you order CenturyLink High-Speed Internet
TM
TM
service. If you select a provider other than CenturyLink (CenturyLink Connect Internet Basic, CenturyLink Choice Internet Prime,
Office Basic, Office Plus, or other CenturyLink-provided Internet access service), this Agreement does not apply to your Internet access
service (but does apply to all other Services, Software, and Equipment you receive from CenturyLink) and you will be subject to the
third-party provider’s terms. After commencement of your high-speed Internet service, if the provider you selected either: (1) no longer
has a relationship with CenturyLink, (2) you change speeds, and your current ISP is not supported at the new speed; or (3) will no
longer offer the service in your area, CenturyLink may contact you to determine a qualifying replacement provider. In such situation,
CenturyLink will allow you to move to a replacement provider and will waive the associated destination change charge. CenturyLink
may charge you a destination change charge for any other change in Internet service provider.
(i) Account Usage and Password. You will receive a user name and password upon completing the registration process. You are
responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur
under your user name or password including payment for all such activities. You agree: (A) that only you and your authorized
designees will use your user name and password and that you will not transfer or disclose either your user name or password to
any other person, (B) to immediately notify CenturyLink of any unauthorized use of your user name or password or any other
breach of security, and (C) to ensure that you exit from your account at the end of each session. "Authorized designees" means
members of your family or business associates that you, at your own risk and responsibility, permit to access the Internet access
service using your user name and password. You must ensure that any such authorized designees will comply with this Agreement
and you will be responsible for all use of the Internet access service and any other services accessed through the Internet access
services on your account whether or not authorized by you. You acknowledge that you are aware that certain content accessible
through the Internet access service may contain material that is unsuitable for minors. Accordingly, you agree to supervise any
minor's use of the Internet access service through your account. CenturyLink will not be liable for any loss or damage arising from
your failure to comply with this Section. CENTURYLINK RECOMMENDS USE OF COMMERCIALLY AVAILABLE CONTENT
FILTERING SOFTWARE.
(ii) E-mail Storage Space and Other Limitations. Your mailbox storage space, the size of outgoing and incoming e-mail, and the
number of mailboxes available to you are limited.
Limits are based on your Service type and are listed at
http://sitecontrol.qwestoffice.net, http://www.qwest.net, and http://my.qwest.net/nav4/help/your_acct/quota_warning.html. When a
mailbox reaches its limit, you will not be able to receive or send e-mail. Additionally, e-mail that exceeds the size limit will not be
delivered, and you will receive a notice that the e-mail was too large. CenturyLink e-mail accounts may not be used for purposes
of distributing and storing excessive amounts of multimedia files. Multimedia files are defined as any graphics, audio, and video
files. Additional User IDs provided for e-mail boxes are not intended for use as dial-up connections. Any usage associated with
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additional e-mail box User IDs will be charged the per-hour rate associated with usage above the monthly allotment for dial-in
access (where available).
(iii) Only you may use your e-mail account. You must keep your e-mail accounts and passwords confidential and not authorize any
third party to access or use the e-mail accounts on your behalf. You must contact us right away if you suspect misuse of your email accounts or any security breach in the Service. For some parts of the Service, you may be able to set up additional accounts
that are dependent on your account ("associated accounts"). If you use associated e-mail accounts, you represent and warrant that
you are authorized to accept this contract on behalf of the individuals using those e-mail accounts. You are responsible for all
activity that takes place with your Service account and any associated e-mail accounts. If you use an associated e-mail account,
you acknowledge that the holder of the Service account has full control over your associated e-mail account. If you establish any
associated e-mail accounts, you understand and agree that the holder of the Service account may: manage your e-mail account,
reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your
account is used; and read or store content in your account, including electronic communications, contact lists, and other
information. You hereby indemnify CenturyLink for any claims, costs, and/or damages incurred as the result of any e-mail account
holder, associated with your Service account, asserting that the Service account holder accessed the account or its contents in
excess of the Service account holder's authority.
(iv) NationWide Roaming Service and Dial-In Numbers. ((NOTICE: This previously grandfathered service will be fully
decommissioned and will no longer be available effective on or after December 3, 2013.)
(v) Change of Service. A change of Service could lead to the loss of stored e-mail. Such loss may ordinarily be prevented by
saving such e-mail on your personal computer prior to the change of Service. Customer will not hold CenturyLink liable for the loss
of e-mail during the change of Service process, whether caused by Customer or CenturyLink.
(vi) Web Hosting Service. (NOTICE: This service has been grandfathered effective May 1, 2013, and is only available to business
customers who ordered Web hosting Service prior to that date. Beginning January 1, 2014, CenturyLink will begin transitioning
business customers with this grandfathered service to savvisdirect web hosting. Upon transition, your Web Hosting Service will be
governed by the savvisdirect terms and conditions located at http://savvisdirect.com/legal-tc, and not by this Agreement. If you
ordered your Core Connect Bundle before May 1, 2013 and are unsure which set of terms and conditions apply to your web
hosting service, contact your CenturyLink Representative for more information. Customers ordering Web hosting on or after May
1, 2013 are governed by the savvisdirect terms and conditions located at http://savvisdirect.com/legal-tc, and not by this
Agreement.) Some CenturyLink customers are eligible to receive optional Web hosting packages, described more fully on the
CenturyLink Web site. Additional charges may apply. If you are an eligible Web hosting customer, CenturyLink will provide the
Services described for the package you select, including space on a shared Web server for your Web site, as well as assistance
with domain name registrations. If you use the Web hosting feature of the Services, this section also applies to your use of the
Services.
(A) Customer Responsibilities. You acknowledge and agree that:
(1) the use of your Web site and any content, information, and all other aspects of your Web site will comply with the
AUP and any applicable laws and will not violate any rights of another;
(2) you are solely responsible for the content, quality, performance, and all other aspects of the information or other
content contained in or provided through your Web site; and
(3) CenturyLink has no interest in, nor control over, any of the content or information that is accessible on your Web site.
CenturyLink may, without prior notice, terminate or suspend your Web site if CenturyLink believes that you have violated
this section.
(B) Domain Name.
(1) Use of Domain Name. If CenturyLink provides you with a domain name that has CenturyLink's name or marks
embedded therein ("CenturyLink Domain Name"), you may only use the CenturyLink Domain Name during the term of the
Agreement. CenturyLink owns and has the right to change the CenturyLink Domain Name. Other than for identifying the
location of your Web site, you may not issue any public announcement regarding this Agreement or use the name or any
marks of CenturyLink or any of its affiliates without the prior written approval of CenturyLink.
(2) Renewal of Domain Name. If you have obtained a CenturyLink Domain Name, you may request that CenturyLink
automatically renew your CenturyLink Domain Name registration annually. You will be charged an Annual Domain Name
Registration fee for each such renewal. If you do not request CenturyLink to automatically renew your CenturyLink
Domain Name, you will be responsible for renewal.
(3) Expiration or Termination of Domain Name. If your CenturyLink Domain Name expires, it will be placed in
redemption status starting thirty (30) days after expiration. The redemption status period lasts for up to thirty (30) days. If
you ask CenturyLink to reinstate your CenturyLink Domain Name during the redemption status period, you will be charged
a domain name reinstatement charge. Your e-mail and Web hosting will not function while your CenturyLink Domain
Name is in redemption status. Your CenturyLink Domain Name may not be reinstated after the redemption status period
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has expired.
If you want to terminate your CenturyLink Domain Name, please contact CenturyLink at
http://sitecontrol.qwestoffice.net to request termination. You will need to specify that you would like to cancel your
CenturyLink Domain Name. The cancellation of your CenturyLink Domain Name does not automatically terminate your
Web site or other Service under this Agreement.
(C) Web Hosting Storage Space and Other Limitations. Your Web hosting storage space is limited. Limits are based on your
Service
type
and
are
available
at
http://sitecontrol.qwestoffice.net
and
http://www.qwest.com/smallbusiness/internet/qwestnet_features.html. CenturyLink Web hosting accounts may not be used for
purposes of distributing and storing excessive amounts of multimedia files. Multimedia files are defined as any graphics, audio
and video files. Any Web hosting site whose disk space usage for storing multimedia files exceeds 70% of its total usage in
terms of total size or number of files will be considered to be using an excessive amount.
(D) Traffic Allowance. Traffic limits are located at http://sitecontrol.qwestoffice.net. If you exceed your traffic allowance, you
will be charged a traffic overage charge depending on the resources utilized, and you may be given the option to either (a)
reduce the resources used to an acceptable level, or (b) upgrade your Service to a higher priced plan.
(E) Databases. Any database stored on CenturyLink’s servers will be limited in size to 10% of the total disk space allotted for
that particular domain’s plan/Web site account.
(F) Ownership of Web Site. The legal owner of any Web site or account with CenturyLink will be the individual or organization
whose name is listed in CenturyLink’s database as the owner. Customer will fully cooperate with and abide by any and all of
CenturyLink’s security measures and procedures in the event of any dispute over ownership of Customer’s Web site or
account with CenturyLink. You own all graphics, text or other information or content supplied by you for incorporation into or
delivery through your Web site. CenturyLink owns any software developed or modified by CenturyLink and all graphics, text or
other information or content materials supplied by CenturyLink for incorporation into your Web site (“CenturyLink Materials”).
You may only use the CenturyLink Materials in association with your Web site, and only during the term of this Agreement.
(vii) Web Design Tools and Templates (NOTICE: This service has been grandfathered effective May 1, 2013, and is only available
to business customers who ordered Web hosting Service prior to that date. Beginning January 1, 2014, CenturyLink will begin
transitioning business customers with this grandfathered service to savvisdirect web hosting. Upon transition, your Web Hosting
Service will be governed by the savvisdirect terms and conditions located at http://savvisdirect.com/legal-tc, and not by this
Agreement. If you ordered your Core Connect Bundle before May 1, 2013 and are unsure which set of terms and conditions apply
to your web hosting service, contact your CenturyLink Representative for more information. Customers ordering Web hosting on or
after May 1, 2013 are governed by the savvisdirect terms and conditions located at http://savvisdirect.com/legal-tc, and not by this
Agreement,). CenturyLink customers purchasing the Grow Essentials package (“Package”) under the Agreement are eligible to
utilize optional Web design tools and templates, described more fully on the CenturyLink Web site. Additional charges for use of
Web design tools and templates may apply. If you are an eligible customer, the Web design terms and conditions (“Design Terms”)
in this section will also apply to your use of any Web design tools and templates. If these Design Terms conflict with any others
provisions of the Agreement, these Design Terms will prevail for purposes of using the Web design tools and templates only. If
you use the Web design tools and templates, CenturyLink will also provide you with additional support described on the
CenturyLink Web site to assist you with creating your Web site.
(A) Fees. All fees will be automatically charged to the credit card you provide when you sign up for the Services. The terms
and conditions in Section 11 of this Agreement will also apply. CenturyLink may alter its fees as provided in this Agreement. All
payments for the Packages are non-refundable and may not be credited back unless otherwise provided in subpart (F) below.
(B) Rights and Licenses.
(1) Definitions.
Your "Content" means all content or information (including, without limitation, any text, music, sound, photographs, video,
graphics, data, or software), in any medium, provided by you to CenturyLink.
“CenturyLink Materials” means all content, software, source code or other programming material owned by CenturyLink or
its suppliers and used in the development, display or running of a Web site.
"Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity
other than CenturyLink , and licensed by CenturyLink or generally available to the public, including you, under published
licensing terms, and that CenturyLink will use in the development of or to display or run a Web site. The graphics utilized
from CenturyLink’s graphics library are licensed from third-party suppliers.
"Background Technology" means computer programming/formatting code or operating instructions developed by or for
CenturyLink and used to create any portion of a Web site or used to operate the Web site or a Web server in connection
with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons,
checkboxes, and similar functions and underlying technology or components, such as style sheets, Web site templates,
animation templates, interface programs that link multimedia and other programs, customized graphics manipulation
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engines, and menu utilities, whether in database form, dynamically driven, or provided in any other format. Background
Technology does not include any of your Content or any derivatives, improvements, or modifications of your Content.
(2) Limited License to CenturyLink Materials, Third-Party Materials and Background Technology. Subject to these Design
Terms, CenturyLink hereby grants you a perpetual, nonexclusive license to copy, distribute, transmit, display and perform
any and all CenturyLink Materials, Third-Party Materials, and Background Technology that is incorporated into your Web
site, in whole or in part, solely as necessary for you to operate, maintain, and make the Web site available in the normal
course of your business. You may not duplicate or distribute any CenturyLink Materials, Third-Party Materials or
Background Technology to any third party without the prior written consent of CenturyLink. All ownership and proprietary
rights in the CenturyLink Materials, Third-Party Materials, and Background Technology remain at all times with the
respective owner thereof, and nothing herein transfers or assigns any rights or interest therein except the licenses granted
thereto. All rights to the CenturyLink Materials, Third-Party Materials and Background Technology not expressly granted
to you hereunder are retained by CenturyLink. CenturyLink reserves the right to provide CenturyLink Materials, ThirdParty Materials and Background Technology to other CenturyLink customers for development of other Web sites. Without
limiting the foregoing, you agree not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive
any source code of the CenturyLink Materials, Third-Party Materials or Background Technology, except as allowed by
law.
(C) Content Standards. You are solely responsible for all Content you include on your Web site. You covenant that your
Content will not: (a) be false, inaccurate or misleading; (b) infringe or misappropriate any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or
regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair
competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or harassing, or
advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
(e) be obscene or contain child pornography; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (g) link directly or indirectly to or include descriptions of goods or
services that violate any applicable law, statute, ordinance or regulation, or that violate CenturyLink’s AUP that is incorporated
herein by reference and may be amended from time to time.
(D) Term and Termination. The term of the Grow Essentials Package commences when you submit an order for such
Services, and continues on a month-to-month basis. You may terminate your Package at any time by contacting our billing
department or your Account Manager. Termination of your Package does not terminate other services, commitments and
contracts you may have with CenturyLink. If you terminate your Package(s), CenturyLink will not retain a copy or a backup of
any of Your Content and other data and such Content or data cannot subsequently be restored by CenturyLink. CenturyLink
may: (a) terminate these Design Terms upon seven (7) days written notice for any reason; or (b) immediately suspend or
terminate your use of the Package and remove all contents of your Web site, if CenturyLink, in its sole discretion, concludes
that you (1) have engaged in illegal activities, in activities or sales that may damage the rights of CenturyLink or others, or (2)
have violated or threatened to violate CenturyLink’s AUP, the Design Terms, the terms of this Agreement or any other
agreement you may have with CenturyLink. Any suspension or termination under subpart (b) of this paragraph may take effect
immediately. Termination under subpart (b) will be considered a termination by CenturyLink for “Cause”. If CenturyLink
terminates your Package in connection with subpart (b), you will not be entitled to a refund or credit of any fees you have paid,
and you may be subject to a Cancellation Charge. Without limitation, you expressly acknowledge and agree that in addition to
this subpart (F), the terms and conditions in Section 12 (Term and Termination) of the Agreement also apply to termination of
the Package. In the event of a conflict between this subpart (F) and Section 12 of the Agreement, this subpart (F) will prevail.
Sections (B) and (C) will survive the termination or expiration of these Design Terms.
(viii) Optional CenturyLink Office Backup Service (NOTICE: This service has been grandfathered effective May 1, 2013, and is
only available to business customers who ordered Web hosting Service prior to that date. Beginning January 1, 2014, CenturyLink
will begin transitioning business customers with this grandfathered service to savvisdirect web hosting. Upon transition, your Web
Hosting Service will be governed by the savvisdirect terms and conditions located at http://savvisdirect.com/legal-tc, and not by this
Agreement. If you ordered your Core Connect Bundle before May 1, 2013 and are unsure which set of terms and conditions apply
to your web hosting service, contact your CenturyLink Representative for more information. Customers ordering Web hosting on or
after May 1, 2013 are governed by the savvisdirect terms and conditions located at http://savvisdirect.com/legal-tc, and not by this
Agreement.). This section does not apply to CenturyLink Personal Digital Vault Service (“CPDV”). CPDV is purchased under a
separate agreement available at http://qwest.centurylink.com/legal/digitalvault/. Prior to using the CenturyLink Office Backup, you
must activate the Service via SiteControl. Additional CenturyLink Office Backup Service plans are available to Office Plus
customers as an option and additional charges may apply. System requirements and features of the Service are set forth at
http://help.qwestoffice.net/. The following additional terms and conditions apply to your use of CenturyLink Office Backup Service:
(A)
Use of the Service requires download of software to your PC. During the download process, you will be asked to
review and agree to the terms of a third-party end user license agreement (“EULA”).
(B)
The Service provides remote storage and backup capability of data from your PC’s hard drive. Storage space
available for backups is limited by the plan you select. If you exceed the storage space allotted to you for your plan, you will
receive an error message, and backup will not proceed until you either delete unneeded files from your backup so that
sufficient storage space becomes available, or you purchase a plan with sufficient additional storage space. Deleting files
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removes them from all stored backup versions, and they will no longer be accessible for recovery.
responsible to determine what data gets backed up, and the backup intervals.
You will be solely
(C)
If you access CenturyLink Office Backup Service from outside of the United States, any information that you transmit
through the Service will be transferred to the United States and stored in servers located there, which may be owned and
maintained by a third party processor. CenturyLink contractually requires such processors to maintain your personallyidentifiable information under specific confidentiality terms which comply with United States law. Your information may be
subject to less protective data protection laws than the country in which you are located.
(D)
CenturyLink Office Backup Service is not an archival service. You are solely responsible to maintain original versions
of your files on your personal computer that you backup. Access to your files through your CenturyLink Office Backup account
will cease upon termination or expiration of your account.
(ix) CenturyLink @Ease™ Plans. CenturyLink @Ease is available to residential CenturyLink High-Speed Internet customers,
subject to certain restrictions and limitations. The CenturyLink @Ease $0.00 Plan is provided at no additional charge to
CenturyLink High-Speed Internet customers, however not all features of the CenturyLink @Ease $0.00 plan are available to
customers with CenturyLink Internet Basic or customers who have ISP or Internet access service provided by a third party. Other
CenturyLink @Ease plans with additional features are available to residential customers for an additional charge. Details regarding
restrictions and the services included in each plan are located on http://qwest.centurylink.com/residential/internet/qwestatease/.
You will be asked to agree to additional terms and conditions related to some services under the CenturyLink @Ease plans at the
time of installation or use of those services.
Certain CenturyLink @Ease™ Plan(s) include advanced home networking setup and maintenance Service as further described at
http://qwest.centurylink.com/residential/internet/qwestatease/ (“Advanced Service”). The following additional terms and conditions
apply to the CenturyLink @Ease advanced home networking Service.
(A) Advanced Service is only available with those CenturyLink @Ease Plans which specifically include it. Advanced Service
is available to residential customers only and must be purchased per physical location and per high-speed Internet line.
Advanced Service is only available with networking equipment (e.g., modems and other wireless networking devices)
purchased or leased from CenturyLink. CenturyLink certified technician results may vary, depending on a number of factors,
including but not limited to, the type and condition of Customer-provided software, equipment and other peripherals.
CenturyLink will use reasonable efforts to connect Customer devices to the network device. However, successful networking
setup and maintenance are not guaranteed. Modem port forwarding may need to be configured for specific network devices.
Configuration of network devices for specific functionality and demonstration of how to use network devices is not included in
the Service.
(B) You may cancel your CenturyLink @Ease plan that includes Advanced Service by contacting CenturyLink as provided in
the second paragraph of this Agreement.
(C) Advanced Service includes:
24/7 technical support for connectivity and security settings for covered equipment;
Same day or next day on-site support for networking maintenance for covered equipment;
Enabling of wireless encryption for wireless networks;
Assistance connecting your peripheral devices (1 network device, 1 printer and up to 5 computers (with a maximum
of 7 peripheral devices, including both computers and game consoles) to the network;
Configuration of high-speed Internet application software that is supported as part of your CenturyLink @Ease Plan.
(D) Advanced Service does not include any items not specifically listed as included above, including without limitation:
Issues related to the establishment or use of a wireless fidelity (“WiFi”) hotspot.
Issues that exist prior to successful installation of networking equipment, establishment of an operating network, or
prior to ordering Service.
Issues reported after the termination of Service.
On-site support prior to successful installation of networking equipment and establishment of an operating network.
Issues resulting from your intentional abuse, misuse, or negligence.
Repair or replacement of any equipment or connections (whether CenturyLink certified or not), except as provided in
the limited warranty provisions below.
Installation of devices that are not part of the network, including without limitation fax machines, scanners, routers,
hubs and switches.
Support of a network that contains any devices not supported by CenturyLink. Please see supported devices on
http://qwest.centurylink.com/residential/internet/qwestatease/.
Support of a network on an operating system that does not meet CenturyLink’s minimum system requirements.
Security of your network and data.
Issues with software, other than software support provided as part of your CenturyLink @Ease $12.99 Plan.
Removal of viruses, spy ware, and ad ware, other than via PC Tune Up or one of the Norton™ products provided as
part of a CenturyLink @Ease Plan.
Configuration of network devices for specific functionality and demonstration of how to use network devices
Printer drivers, cables to connect Customer equipment to the networking modem, NIC card or wireless equivalent.
© CenturyLink, Inc. All rights reserved.
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(E) Misuse or Abuse. Suspected misuse or abuse of any computer support may result in termination of your CenturyLink
@Ease plan or any Advanced Service. CenturyLink reserves the right to limit the amount of time spent on any single issue and
recommend the dispatch of an in-home technician, at additional costs to you, in order to resolve the issue, and may decline
certain services or operations outside of the scope of your CenturyLink @Ease plan or any Advanced Service.
(x) CenturyLink @Ease™ Home Management. CenturyLink High-Speed Internet customers are eligible to purchase CenturyLink
@Ease Home Management services. CenturyLink @Ease Home Management services consist of equipment and access to an
online portal (the “Site”) where you can control your equipment (“CenturyLink @Ease Home Management”). If you at any time
purchase CenturyLink @Ease Home Management services to use with your High-Speed Internet service, this section also applies
to you.
(A) Payment. The terms and conditions in Section 11 of this Agreement apply to payment for CenturyLink @Ease Home
Management.
(B) The terms and conditions in Sections 3(a)(iii) and 8 of this Agreement apply to installation of CenturyLink @Ease Home
Management. CenturyLink @Ease Home Management is currently available only in Seattle, Washington and the surrounding
metro area. If Customer moves out of the Seattle metro area, CenturyLink @Ease Home Management cannot be taken with
Customer. CenturyLink may, in its sole discretion and without notice, make CenturyLink @Ease Home Management available
in additional markets. Subject to your compliance with the terms of this Section and this Agreement, you may access and use
the Site and CenturyLink @Ease Home Management service only for your own personal non-commercial use. You agree not
to use the Site or CenturyLink @Ease Home Management service to process data or provide any service bureau activity for
any third party. Any commercial use of the Site or CenturyLink @Ease Home Management service is expressly prohibited
without CenturyLink’s prior written consent.
(C) CenturyLink @Ease Home Management is a self-monitored service. CenturyLink cannot and will not be monitoring your
home through this service. You will be monitoring your home. In the event of an incident at your home (e.g., door being
opened), you will receive an automated notification from the CenturyLink @Ease Home Management portal on your mobile
device or via email, but CenturyLink will not contact you or respond or send anyone (e.g., the police or fire department) to
respond to the incident. If you believe that there is an intruder or other potentially dangerous situation in your home, you
should contact local law enforcement and not attempt to respond to the situation yourself. CENTURYLINK IS NOT
RESPONSIBLE FOR ANY LOSS, LIABILITY, OR DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, THAT RESULT,
DIRECTLY OR INDIRECTLY, FROM RESPONDING, OR FAILING TO RESPOND, TO AN ALERT FROM CENTURYLINK
@EASE HOME MANAGEMENT, OR FROM ANY DEFECT OR MALFUNCTION ASSOCIATED WITH CENTURYLINK
@EASE HOME MANAGEMENT.
(D) High-Speed Internet Connection. CenturyLink @Ease Home Management requires a connection to the Internet via
CenturyLink High-Speed Internet service in order to work. If your CenturyLink High-Speed Internet service is not functioning
properly, your CenturyLink @Ease Home Management service will not function properly, and you will not be able to monitor
your home via CenturyLink @Ease Home Management.
(E) Account, Username and Password. You are responsible for safeguarding your password and you agree not to disclose
your password to any third party. You are solely responsible for any activities or actions taken under your username, whether
or not you have authorized such activities or actions. You agree that the information that you provide to CenturyLink upon
registration, and at all other times will be true, accurate, current and complete. You may not impersonate any other person or
use a username or password that you are not authorized to use.
(F) Rights You Grant To Us Regarding Your Information.
(1) Right to Collect, Store and Use Your Information. By submitting data, materials, content or other information
(collectively, “Information”) to CenturyLink you are licensing that Information to CenturyLink for the purpose of
providing the CenturyLink @Ease Home Management service. By submitting Information to CenturyLink—or allowing
CenturyLink to collect such Information—you represent that you are entitled to submit it to CenturyLink for use for this
purpose, without any obligation by CenturyLink to pay any fees or other limitations.
(2) Right to Create and Use Anonymous and Aggregate Data. By using the CenturyLink @Ease Home Management
service, you expressly authorize CenturyLink to create from the Information it collects, non-personally identifying
anonymous or aggregate data and to use and disclose such anonymous or aggregate data in a non-personally
identifiable manner.
(3) CenturyLink cannot and does not guarantee the privacy, security or authenticity of any information so transmitted
over or stored in any system connected to the Internet.
(G) Your Other Duties. If your CenturyLink @Ease Home Management equipment contains any batteries, you are
responsible for replacing those batteries at your own expense. You are responsible for obtaining any applicable permits or
licenses, if permits or licenses are required by the city or county of your home.
© CenturyLink, Inc. All rights reserved.
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(H) Warranty.
(1) YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SITE AND SERVICE, AND ALL
RELATED DOCUMENTATION, MATERIALS, INFORMATION, ALERTS AND SERVICES INCLUDED THEREIN OR
RELATED THERETO, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
CENTURYLINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NONMISAPPROPRIATION OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, COURSE OF
DEALING, TRADE, QUIET ENJOYMENT OR ACCURACY OF INFORMATIONAL CONTENT OR RESULTS OR
SYSTEM INTEGRATION) AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL
REQUIREMENT. CenturyLink makes no warranties: (a) regarding the security, accuracy, reliability, timeliness and
performance of the Site or CenturyLink @Ease Home Management service; (b) that the Site or CenturyLink @Ease
Home Management service will be error-free or that any errors will be corrected; (c) that the CenturyLink @Ease
Home Management service will meet your needs or requirements; (d) or that the content that may be available
through the Site and CenturyLink @Ease Home Management service is free of infection from any viruses or other
code or computer programming routines that contain contaminating or destructive properties, or that are intended to
damage, intercept or expropriate any system, data, or personal information. No advice or information, whether oral or
written, obtained by you from CenturyLink, will create any warranty not expressly stated in these terms of use. Some
states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may
not apply to you. In addition, the warranty on CenturyLink @Ease Home Management equipment is limited to the
manufacturer’s warranty, if any.
(2) HIGH RISK ACTIVITIES. THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, OR INTENDED
FOR USE OR RESALE AS ON-LINE CONTROL FOR EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES,
OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
(I)
Intellectual Property Ownership and Restrictions.
(1) Title. The contents of the Site and CenturyLink @Ease Home Management service, including its “look and feel” (e.g.
text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including websites)
and other material are protected under applicable patent, copyright, trademark and other laws protecting intellectual
property. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Site, CenturyLink @Ease Home Management service, or any related
documentation. CenturyLink and its licensors own all right, title and interest, including all worldwide patent rights,
copyrights, trademarks, service marks, trade secret rights, design rights, moral rights and all other intellectual
property and proprietary rights (collectively, “Intellectual Property Rights”), in the Site and CenturyLink @Ease Home
Management service. All rights not expressly granted to you in the terms of this section are reserved by CenturyLink.
(2) Restrictions on Use. In addition to CernturyLink’s Acceptable Use Policy, in accessing or using the Site or
CenturyLink @Ease Home Management service, you agree to comply with the following rules. Nothing in this section
requires CenturyLink to take action against any user that violates these rules, but CenturyLink is free to do so if it
sees fit.
(a)
Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any
person who has requested no further contact. Do not use ethnic or religious slurs against any
person or group.
(b)
Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal
address, social security number, or other personally identifiable information without the written
consent of the individual to which the information relates. Do not cooperate in or facilitate identity
theft.
(c)
Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or
other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate
the works of authorship of any other person or entity without the written permission of the copyright
holder. Do not reproduce, modify, adapt, prepare derivative works of, perform, display, publish,
distribute, transmit, broadcast, sell, license or otherwise exploit the Site or the CenturyLink @Ease
Home Management service.
(d)
Hacking, Viruses, and Network Attacks: Do not access any account on the Site without
authorization. Do not attempt to penetrate or disable any security system. Do not intentionally
distribute a computer virus, launch a denial of service attack, or in any other way attempt to
interfere with the functioning of any computer, communications system, or website. Do not use any
© CenturyLink, Inc. All rights reserved.
V44.121313
8
automated data gathering or extraction tools, program, algorithm or methodology to access,
acquire, copy or monitor the Site or CenturyLink @Ease Home Management service. Do not
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising
or in any way making up a part of the Site or CenturyLink @Ease Home Management service. Do
not attempt to access or otherwise interfere with the account of other users of the Site or
CenturyLink @Ease Home Management service.
(e)
Spam: Do not send bulk unsolicited emails (“SPAM”) or sell or market any product or service using
the Site or CenturyLink @Ease Home Management service. Do not facilitate or cooperate in the
dissemination of SPAM. Do not violate the CAN-SPAM Act of 2003.
(f)
Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not
commit fraud in any way.
Generally: Do not use the Site or CenturyLink @Ease Home Management service in any manner
not permitted by these Terms of Use. Do not encourage or instruct any other individual or entity to
do any of the foregoing. Do not violate any law, rule, or regulation.
(g)
(J) Right to Cancel. The last paragraph of this Agreement applies to your right to cancel CenturyLink @Ease Home
Management service. Specifically with respect to CenturyLink @Ease Home Management, if you cancel service and any
installment payments remain with respect to any CenturyLink @Ease Home Management equipment, such payments will be
immediately due and payable and the sum of the remaining installment payments will be reflected on your next monthly bill.
(K) Limitation of Liability. CenturyLink @Ease Home Management has the ability to record videos of your home. You are
responsible for any videos and any use of them. CenturyLink or its vendor will store your videos for up to 60 days on the
CenturyLink @Ease Home Management portal. Once that limit is reached, the videos will be deleted and can no longer be
accessed by you. You can control your thermostat through CenturyLink @Ease Home Management. If you make any errors
in setting your thermostat with CenturyLink @Ease Home Management which result in your utility bills being higher than
expected, you, and not CenturyLink, are responsible for those bills. The terms and conditions in Sections 13 and 14 of this
Agreement also apply to CenturyLink @Ease Home Management service and equipment. In addition to any other limitations
contained in this Agreement, in no event will CenturyLink’s cumulative liability to you with respect to the Centurylink @Ease
Home Management service exceed fifty dollars ($50.00).
(L) Indemnification. In addition to any additional indemnification provisions contained in the Agreement, you agree to
indemnify, and hold CenturyLink, its officers, directors, employees and agents, harmless from and against any claims,
liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in
any way connected with (a) your access to or use of the CenturyLink @Ease Home Management service; (b) your violation of
the terms of use of the CenturyLink @Ease Home Management service; (c) your violation of any third party right, including
without limitation any Intellectual Property Right or any publicity, confidentiality, property or privacy right; or (d) any claim that
your use of the Site or CenturyLink @Ease Home Management service caused damage to a third party.
(M) Changes to the Site and the Service. CenturyLink reserves the right, in its sole discretion and without notice, to add,
exclude and discontinue functionality in the CenturyLink @Ease Home Management service and to make changes and
modifications in the specifications, design and construction of the Site and CenturyLink @Ease Home Management service.
(N) Suppliers and Licensors. CenturyLink’s suppliers and licensors of the CenturyLink @Ease Home Management service are
third party beneficiaries of the rights and protections of the terms of use applicable to the CenturyLink @Ease Home
Management service.
(xi) Additional Features and Applications. Additional features and applications may be provided as part of the Service. Additional
charges may apply.
(xii) Chat Rooms. CenturyLink does not allow customers to install their own chat rooms, since chat rooms require significant
system resources. However, for an additional charge, CenturyLink will provide a chat room for your use.
(xiii) Changes to Your Plan. You may elect to change to a lower priced Web hosting plan on the same platform. Additionally, you
may elect to upgrade to a higher priced plan on the same platform. No charge will apply for upgrades/downgrades. Requests for
upgrades or downgrades should be directed to: http://sitecontrol.qwestoffice.net.
(xiv) CenturyLink web.help Service. If you type a nonexistent or unavailable Uniform Resource Locator (“URL”), or enter a search
term into your browser address bar, the CenturyLink web.help service will present you with a CenturyLink web.help search page
containing suggested links based upon the nonexistent or unavailable URL or query you entered, rather than an NXDOMAIN or
similar error message or a redirection from your browser or toolbar software. If you have made a typing error in the browser
address bar whereby you get the main name of the entity right but the prefix or suffix wrong (such as wwww.centurylink.com or
www.centurylink.con), CenturyLink web.help may correct the error and take you directly to that entity's home page (in this example,
www.centurylink.com -- CenturyLink's home page). The CenturyLink web.help service may impact applications that rely on an
NXDOMAIN or similar error message and may override similar browser-based or toolbar-based search results pages. If you would
© CenturyLink, Inc. All rights reserved.
V44.121313
9
prefer not to receive the CenturyLink web.help service, you should follow the opt-out instructions that are available by clicking on
the "http://www.qwest.net/web.help/" link on the CenturyLink web.help page.
(c) Networking – CenturyLink Home Network Backer™ and CenturyLink Office Network Backer™ (This Service has been
grandfathered effective August 21, 2008, and is only available to customers who ordered CenturyLink Home Network Backer or Office
Network Backer prior to that date).
(i) CenturyLink’s Home Network Backer™ and Office Network Backer™ (collectively “Network Backer”) services are only available
TM
to CenturyLink
High-Speed Internet customers (excluding IDSL) who also purchased CenturyLink-provided networking
equipment and CenturyLink-provided Internet access and must be purchased per physical location and per high-speed Internet
line.
(ii) Network Backer Service is provided on a month-to-month basis. You may cancel Network Backer by contacting CenturyLink
as provided in second paragraph of this Agreement.
(iii) Network Backer services include:
(A) 24/7 telephone and on-site support for connectivity, security settings, and simple file and print sharing on wireless
networks created with CenturyLink-provided networking equipment;
(B) High-speed Internet application software that assists CenturyLink in providing the support referenced above. CenturyLink
also provides regular updates to such software. If Network Backer service is cancelled, CenturyLink will turn off the
applications in the modem; and
(C) Configuration of high-speed Internet application software.
(iv) Network Backer services do not include any items not specifically listed as included above, including without limitation:
(A) Issues related to the establishment or use of a wireless fidelity (“WiFi”) hotspot.
(B) Issues that exist prior to successful installation of networking equipment, establishment of an operating network, or prior
to ordering Network Backer service.
(C) Issues reported after the termination of Network Backer service.
(D) On-site support prior to successful installation of networking equipment and establishment of an operating network.
(E) Issues resulting from your intentional abuse, misuse, or negligence.
(F) Repair or replacement of any equipment or connections (whether CenturyLink certified or not).
(G) Installation of devices that are not part of the network, including without limitation printers, fax machines, scanners,
routers, hubs and switches.
(H) Support of a network that contains any devices not certified by CenturyLink.
(I) Support of a network on an operating system that does not meet CenturyLink’s minimum system requirements.
(J) Security of your network and data.
(K) Issues with software (whether provided by CenturyLink, you, or a third-party).
(L) Removal of viruses, spy ware, and ad ware.
3. Equipment. Separately purchased or leased equipment is required to use the Service. Certain Equipment is available from CQC
and other equipment must be provided by Customer.
(a) CenturyLink-Provided Equipment.
(i) Leased Equipment. Leased Equipment from CenturyLink: (i) the Equipment is CenturyLink’s property and you may not assign,
rent, or transfer the Equipment or your rights or duties under this Agreement to another without CenturyLink’s prior written consent;
(ii) you agree not to mishandle, abuse, misuse, or improperly store or operate the Equipment, including using the Equipment with
equipment electrically or mechanically incompatible with, or of inferior quality to, it, and (iii) you agree if the Equipment is damaged
by you and/or non-operational or malfunctioning for reasons other than a manufacturing defect at anytime during the term of this
Agreement or upon termination of this Agreement, CenturyLink may charge you for its full retail cost, not to exceed $150 (the
“Equipment Charge”). CenturyLink does not refund or credit leases, so please call CenturyLink immediately if your leased
Equipment is not working properly for replacement Equipment. If you are leasing Equipment and wish to instead purchase
Equipment from CenturyLink, the terms and conditions specific to purchased equipment will apply. If you purchase Equipment
from CenturyLink other than Equipment you are renting from CenturyLink you are required to return your leased Equipment
according to the Return Policy & Procedure. Lease payments are due for every month you lease the Equipment and lease
payments do not count towards a purchase of the Equipment.
(ii) Purchased Equipment. You will be deemed the owner of the purchased Equipment, and bear all risk of loss of, theft of,
casualty to or damage to the Equipment, from the time it is received by you until the time (if any) when it is returned by you
pursuant to this Agreement and has been received by CenturyLink.
(iii) Delivery and Installation of Equipment. Equipment may be delivered to you only in the United States. You understand that
you are responsible for self-installing the Equipment once you receive it, unless you select a technician installation from
CenturyLink for an additional charge. You are encouraged to complete installation of the Equipment promptly because you will be
responsible for full payment for the charges on your bill even if you have not yet installed the Equipment and used the Servi ce at
the
time
the
bill
is
rendered.
Information
on
installation
procedures
is
located
at
http://www.centurylink.com/home/internet/installation.html.
(iv) Damaged/Defective Equipment. If the Equipment is inoperable, technical support is available at 1 888-777-9569. If
CenturyLink deems the Equipment has a manufacturing defect, the Limited Warranty (set forth in the “Warranty” section below) will
© CenturyLink, Inc. All rights reserved.
V44.121313
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apply if it has not expired. If the Equipment fails as a result of a manufacturing defect after the Limited Warranty has expired or
fails for any other reason you may request that CenturyLink deliver replacement Equipment. Any such replacement Equipment will
be charged to you at CenturyLink’s then-current rates, plus shipping and handling and any applicable Taxes. If CenturyLink
provides you replacement leased Equipment outside the Limited Warranty, you will be charged the full retail cost of your nonoperational or malfunctioning Equipment plus a monthly lease charge for the replacement Equipment. Replacement Equipment
may or may not be the same model.
(v) If, in connection with your CenturyLink High-Speed Internet Service you are purchasing a modem, you should be aware that
the modem may contain copyrighted software that is licensed under the General Public License (GPL) and/or other open source
licenses.
To
determine
whether
your
modem
brand
contains
open
source
software,
visit
www.qwest.centurylink.com/internethelp/opensource. Copies of these licenses are available at this link. You may also obtain the
complete Corresponding Source code from us for a period of three years after our last shipment of this product at the same
location. This offer is valid to anyone in receipt of this information.
(b) Customer-Provided Equipment. If you do not purchase or lease a modem from CenturyLink you understand and acknowledge that
CENTURYLINK, ITS AFFILIATES, SUPPLIERS, AND/OR AGENTS WILL NOT BE RESPONSIBLE/LIABLE IF YOU CANNOT
ACCESS YOUR SERVICE, IF SERVICE DOES NOT FUNCTION CORRECTLY OR AT ALL, OR IF CUSTOMER EQUIPMENT,
SOFTWARE, PERIPHERALS, DATA, OR EQUIPMENT IS DAMAGED. YOU WILL BE LIABLE TO CENTURYLINK FOR DAMAGE TO
ANY EQUIPMENT LEASED FROM CENTURYLINK. The foregoing limitation of liability is in addition to and will not limit any other
limitation of liability set forth in this Agreement.
4. Changes to Service or this Agreement. CenturyLink is not obligated to give you notice of changes to this Agreement before it
becomes effective. You should review the Agreement at the time it becomes effective for you. Subject to any applicable rules or laws,
CenturyLink may:
(a) at any time, effective upon posting to http://qwest.centurylink.com/legal or any written notice to you, including e-mail: (i) stop
offering the Service and/or leased Equipment, (ii) modify the Service and/or any of the terms and conditions of this Agreement, and/or
(iii) reduce MRCs or NRCs. Please check such Web site and your e-mail regularly for changes.
(b) upon 30 days notice to you: (i) increase MRCs and/or NRCs or (ii) change this Agreement or the Service in a way that directly
results in a material and adverse economic impact to you. CenturyLink may reduce the foregoing notice period where commercially
reasonable and/or if such increase is based upon Regulatory Activity.
Your continued use of the Service and/or Equipment constitutes acceptance of those changes. You must immediately stop using the
Service and Equipment and cancel your Service if you do not agree to the changes. Any changes you make or other terms you add to
this Agreement, or propose in any other documents, written or electronic, are void.
5. Third-Party Services, Software and Equipment. Purchase, rental, use, or subscription to any third-party services, software, or
equipment offered by or through CenturyLink is subject to the third-party provider’s terms and CenturyLink is not responsible or liable
for any such services, software, or equipment.
6. Software.
(a) Software. Use of the Service may require or enable you to download or otherwise install or use certain software that is owned by
CenturyLink or by third parties (the “Software”). By installing the Software and using the Services or using Equipment with embedded
Software you are agreeing to abide by all of the terms and conditions of this Agreement that relate to the Software, including without
limitation the terms and conditions of this Section.
(b) License. If the Software is accompanied by an end user license agreement (“EULA”), your use of the Software is governed by the
terms of that agreement and by the terms of this Agreement where applicable. You must accept and agree to the terms of the EULA
before installing the Software and using the Service. If the Software is not accompanied by a EULA, CenturyLink grants you a limited,
personal, revocable, nonexclusive, nontransferable, non-assignable license to install and use the Software for purposes of using the
Service and/or Equipment. The license is effective upon the earlier of delivery or installation, and extends only to Customer's own use
of such Software and only on the designated Equipment or with the designated Service.
(c) No Modification. You may not modify the Software in any way or change or delete any copyrights, trademarks, service marks or
other proprietary rights or notices of CenturyLink or a third-party that appear or are used in connection with the Software or the Service.
You agree that the Software is the confidential and proprietary property of its owner and may not be disclosed or reproduced unless
specifically authorized by CenturyLink or the third-party licensor or supplier. In addition, you agree that you will not de-compile,
disassemble, reverse engineer or otherwise reduce the Software to a human readable form.
(d) Ownership. You acknowledge that CenturyLink or the third-party licensor or supplier of the Software, as applicable own all right
title and interest, including without limitation all copyright, patent, trademark, and trade secret rights in the Software and related
documentation, updates, and upgrades. You are not granted any ownership rights in the Software and may not sublicense, loan, rent,
lease, distribute, share, or otherwise transfer the Software to any one else.
(e) No Export. The Software may be used only in the United States and any export of the Software is strictly prohibited.
(f) Updates, Upgrades, or Changes. CenturyLink may update, upgrade or change the Software and related settings on your computer
from time to time. You agree to cooperate with CenturyLink in performing such activities. A program downloaded to your computer
when Service is installed will perform automatic updates to certain Service-related Software on a regular basis. This program may
collect certain information necessary to perform this function. Any information collected as part of this process will be treated in
© CenturyLink, Inc. All rights reserved.
V44.121313
11
accordance with CenturyLink’s Privacy Policies. You may choose to turn off the automatic updates function. If you order new Services
from CenturyLink at a later date, and the automatic updates feature has been turned off, you may be prompted at that time to update
Software currently on your computer before the new Software can be downloaded.
(g) Termination. CenturyLink may discontinue provision of the Software for any reason, including without limitation if CenturyLink’s
agreement with a software vendor is terminated. Additionally, for certain third-party vendors Software will no longer be functional if: (i)
you or your End Users discontinue subscribing to the vendor product for which the Software was provided or to CenturyLink’s Service;
(ii) this Agreement is terminated for any reason whatsoever; or (iii) when your prepaid term for Service under this Agreement expires
and you have not purchased a new term. Upon termination of your Service or CenturyLink notice to you of discontinuance of the
Software offering for any reason, you must immediately stop using the Software associated with the terminated Service and destroy any
copies you may have and delete it from your computer.
(h) Federal Procurements. This section applies to all acquisitions of the Software by or for the Federal Government or by any prime
contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other transaction with the Federal
Government which calls for delivery or use of the Software by the Government. By accepting delivery of the Software under any such
contract, grant, cooperative agreement, or as part of any such transaction, the Government agrees that the Software qualifies as
commercial computer software and that the associated documentation qualifies as commercial computer software documentation within
the meaning of the acquisition regulations and contract clauses applicable to this procurement. The terms and conditions of this
Agreement are fully applicable to the Government's use and disclosure of the Software and documentation, and will supersede any
conflicting terms or conditions. No license of any kind is granted in the case of acquisitions which contain or are subject to the clauses
FAR 52-227.19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUNE 1987) or any other clause which purports to
grant to the Government rights greater than, or additional to, those set forth in this Agreement, or which purports to impose additional
requirements upon CenturyLink to make the Agreement effective, unless CenturyLink specifically so consents by separate written
agreement. Please contact CenturyLink for Software manufacturer information.
7. Service Conditions. The following conditions apply to the Service. CenturyLink may suspend, terminate, or limit use of your
Service if you violate any of these conditions.
(a) Limits on Use. You agree not to use the Service for high volume or excessive use, in a business or for any commercial purpose if
your Service is a residential service, or in a way that impacts CenturyLink network resources or CenturyLink’s ability to provide
services. You agree not to: (i) offer public information services (unlimited usage or otherwise), (ii) permit more than one dial-up log-on
session to be active at one time, or (iii) permit more than one high-speed Internet log-on session to be active at one time, except if
using a roaming dial-up account when traveling, in which case 2 sessions may be active. A log-on session represents an active
connection to your Internet access provider. The active session may be shared to connect multiple computers/devices within a single
home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment
complex) to your modem and/or router to access the Service (including the establishment of a wireless fidelity (“WiFi”) hotspot), but the
Service may only be used at the single home or office location or single unit within a multiple dwelling unit for which Service is
provisioned by CenturyLink. You may not use a WiFi hotspot in violation of this Agreement or in a way that circumvents CenturyLink’s
ability to provide Service to another customer (e.g., you cannot use a WiFi hotspot to provide Service outside your single home or office
location or outside your single unit within a multiple dwelling unit and you cannot resell Service provided over a WiFi hotspot). You may
not use more than one IP address for each log on session unless an advanced service allocating you more than one IP address has
been purchased. Service may only be used in the U.S. Service may be used to host a server, personal or commercial, as long as such
server is used pursuant to the terms and conditions of this Agreement applicable to Service and not for any malicious purposes.
Malicious purposes include without limitation Spam, viruses, worms, Trojans, etc. CenturyLink may restrict your use of or interrupt the
Service without notice for: (i) maintenance activities; (ii) equipment, network, or facility upgrades or modifications; and (iii) to ensure the
provision of acceptable service levels to all CenturyLink customers. CenturyLink is not responsible or liable for any Service deficiencies
or interruptions caused by such events.
(b) No Resale, Distribution, Transfer, or Assignment. You agree not to resell or distribute, transfer or assign this Agreement and/or the
Service via any means including but not limited to wireless technology, except with CenturyLink’s prior consent and according to
CenturyLink’s policies and procedures; provided that you may establish a WiFi hotspot as provided above, but may not resell Service
provided over the WiFi hotspot. This Agreement is intended solely for you and it will not benefit or be enforceable by any other person
or entity. CenturyLink may assign this Agreement and your rights and obligations under this Agreement, in whole or in part, at any time
without notice to you and you agree to make all subsequent payments as directed. If we do that, we have no further obligations to you.
(c) Authorized Use. You (i) are responsible for maintaining the confidentiality of passwords used with the Service, (ii) are responsible
for all use of the Service, including your primary account and any secondary accounts or sub-accounts registered to that account, and
will not permit any unauthorized use of the Service, and (iii) will ensure that all use of the Service complies with this Agreement. You
are responsible for unauthorized and non-compliant use of the Service.
(d) Compliance. The Service cannot be used for any unlawful, abusive, or fraudulent purpose, including without limitation, using the
Service in a way that: (i) interferes with CenturyLink's ability to provide service to CenturyLink customers, (ii) avoids your obligation to
pay for services, (iii) constitutes a criminal offense, (iv) gives rise to a civil liability, or (v) otherwise violates any law, order, ordinance,
governmental requirement or regulation or this Agreement.
(e) Monitoring and Testing the Service. CenturyLink may, but is not obligated to, monitor the Service for various purposes, including
but not limited to verifying AUP compliance and for usage statistics that may be used for marketing purposes. You are responsible for
monitoring your accounts for access to newsgroups and Web sites that may contain improper material. You will notify CenturyLink of
the continual receipt of e-mail that you view as illegal or that is unsolicited. You must not design or provide systems used for the
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collection of information about others without their express knowledge and consent. CenturyLink may also test Service for maintenance
purposes to detect and/or clear trouble.
(f) Wi-Fi. Service may be used in a wireless network environment at your own risk. Wireless networking devices use public radio
channels to transmit voice and data communications. CenturyLink cannot guarantee the security, privacy, or confidentiality of any
transmissions made via such devices, and CenturyLink makes no assurances or warranties relating to their use by you. You are
responsible for all use of your Service regardless of the source of a transmission, whether by you, or an authorized or unauthorized
third-party, over your Service.
(g) Data Management and Security. CENTURYLINK STRONGLY RECOMMENDS USE OF COMMERCIAL ANTI-VIRUS AND
FIREWALL SOFTWARE. You are responsible for the management and security of your data, including without limitation backing up
and restoring your data, managing file and print sharing, implementing procedures for accuracy of data and its transmission, and
implementing security such as anti-virus and firewalls. CenturyLink is not responsible or liable for the management or security of your
data, including without limitation loss of your data or back-up or restoration of your data, regardless of whether your data is maintained
on CenturyLink servers or your computer or server.
(h) Port 25 Filtering. Port 25 is primarily used for communication between e-mail servers. Filtering e-mail communication going to and
from customers on port 25 improves network security and helps to reduce the spread of e-mail-borne viruses and reduce the overall
volume of spam on the Internet. Port 25 filtering is a recognized Internet industry best practice for service providers and is used by
CenturyLink to automatically protect your computer from being used by malware (typically caused by a virus) to send or relay spam. If
you need to adjust port 25 filter settings, contact CenturyLink Tech Support (1-888-777-9569) or follow the instructions found at
http://qwest.centurylink.com/internethelp.
(i) Intellectual Property Rights. Unless otherwise expressly provided in this Agreement, all aspects of the Service are the property of
CenturyLink and are protected by trademark, copyright or other intellectual property laws and international treaty provisions.
CenturyLink grants you a personal, revocable, limited, nonexclusive, nontransferable, non-assignable right and license to use the
Service in accordance with the terms and conditions of this Agreement. No other license or rights are granted by CenturyLink or will be
implied or arise by estoppel, with respect to any Service.
(j) Location-Based Advertising. You may receive advertisements based on the geographic area associated with your IP address,
unless you specifically opt-out at http://LocationBasedAdvertising.Centurylink.com. CenturyLink does not share your address or any
personally identifiable information with advertisers and you will not see additional advertisements as a result of this program, but you
may see advertisements that are more relevant to your geographic area.
8. Installation, Maintenance and Support. You may choose on-site installation for a charge or select the self-installation method.
Charges may apply for certain maintenance, trouble isolation, and support services and if a technician is dispatched. Charges may be
per technician, may vary depending on when services are performed (e.g., time of day and weekday, holiday or weekend), and may
include a minimum charge regardless of the actual number of hours worked. CenturyLink will notify you of any applicable charges in
advance of you incurring such charges. If you report trouble, you must pay a dispatch charge if the trouble is not found in CenturyLink
facilities (no charge if CenturyLink later finds the trouble was in CenturyLink facilities) or CenturyLink equipment or is found in customer
equipment/systems or Equipment. A dispatch charge also applies if: (A) Customer requests a service date change but fails to notify
CenturyLink before the service date and CenturyLink technician is dispatched on the service date (will have to pay dispatch charge and
CenturyLink will change the service date) or (B) CenturyLink technician dispatched for maintenance of service and no trouble is found
in CenturyLink facilities (applies each time this happens). Any requested repairs to your facilities or equipment are not included in the
dispatch fee, and will be charged on a time and materials basis. If you purchased networking equipment from CenturyLink and did not
purchase a Network Backer service, CenturyLink will provide you telephone support for connectivity, and settings, on wireless networks
created with the CenturyLink-provided networking equipment for 30 days from the date of the networking equipment purchase, at no
additional charge.
9. Acceptable Use Policy. All use of the Services will comply with the AUP, posted at http://qwest.centurylink.com/legal/. Among
other things, the AUP prohibits sending unsolicited e-mail messages, including bulk commercial advertising or informational
announcements (collectively, "Spam"). CenturyLink may immediately terminate or suspend any account which CenturyLink believes is
transmitting or is otherwise connected with any Spam. Further, CenturyLink may hold you liable for CenturyLink's actual damages in
any way arising from, or related to, any Spam transmitted by or in any way connected to you or your account, to the extent such actual
damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay CenturyLink liquidated
damages of five U.S. dollars ($5.00) for each piece of Spam transmitted from or otherwise connected with you or your account. You
will not, however, be liable for actual or liquidated damages arising from Spam generated from you or your account if you establish that
the Spam was sent as a result of a virus or worm or other malicious software infection and if you have taken reasonable actions to
prevent and resolve such infections and stop the Spam.
10. Privacy. CenturyLink may provide customer information to third parties or governmental entities when required, or permitted by
law; to establish rights or obligations under this Agreement; or to protect CenturyLink’s or others rights or property regarding our
services or the services of other providers from fraudulent, abusive or unlawful use of, or subscription to, such services. See also
CenturyLink Privacy Policies posted at www.centurylink.com/Pages/AboutUs/Legal/PrivacyPolicy, which may change from time to time.
Additionally, CenturyLink, its affiliates and third-party vendors, may access and use information regarding your bandwidth usage and
performance of your Equipment, Software, and Service to: (a) perform related registration (Equipment serial number, activation date,
and WTN also provided to manufacturer), maintenance, support, and other service-quality activities, (b) verify AUP compliance and
network performance as well as (c) develop targeted marketing.
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CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited to any
confidential health related information of Customer’s clients, which may include group health plans, that constitutes Protected Health
Information (“PHI”), as defined in 45 C.F. R. §164.501 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA
Rules”). Any exposure to PHI shall be random, infrequent and incidental to CenturyLink’s provision of Service and is not meant for the
purpose of accessing, managing the PHI or creating or manipulating the PHI. Such exposure is allowable under 45 CFR
164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care
industry, CenturyLink and Customer agree that CenturyLink is not a “Business Associate” or “Covered Entity” under the HIPAA Rules
for the purposes of this Agreement.
11. Rates and Charges; Payment.
(a) Rates and Charges. All Service and Equipment is provided to you at the CenturyLink’s then-current standard or qualifying
promotional MRCs and NRCs quoted to you during the ordering process and at the time(s) you order Service and/or Equipment. You
are responsible for any charges associated with the Service and Equipment, including without limitation Equipment purchase and/or
lease charges, monthly Service charges, and charges related to installation or activation, maintenance, delivery, shipping and handling,
changes to Service, and Taxes. In the event CenturyLink offers the ability to pay any of the charges in installment payments over time
(“Installment Option”), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who
pay the total charge(s) in one payment.
You will not be eligible for any discounts or promotional offers other than those you qualify for at the time you order qualifying Service
and/or Equipment, unless the discount or promotional offer specifically states that existing customers are eligible and in that instance
you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Service or disconnect and
reconnect Service may not be eligible for promotional pricing available to new customers. You may only take advantage of one special
pricing promotion per Service per account during any twelve-month period.
(b) Payment.
(i) Billing. Charges are billed monthly with MRCs and NRCs billed in advance and usage and governmental charges billed in
arrears. You will pay all billed charges by the due date set forth in your billing statement, as well as any Late Charge. You will be
charged for each additional copy of your bill.
You will provide all information necessary for CenturyLink to provide and bill for the Service and Equipment. You affirm that the
information you supply to us is correct and complete and will promptly notify CenturyLink whenever your personal or billing
information changes. If you elect to pay by credit card, you are responsible for directly updating, or notifying CenturyLink, of any
changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). You
understand that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination
of your Service.
(ii) Disputes. The billed rate will continue unless you call us promptly and inform us that the billed monthly rate is not the one
quoted to you. You must give CenturyLink notice of any dispute on your bill. If you pay the disputed amount you will receive
interest at the lesser of the highest lawful amount for commercial transactions or 1% per month on any amounts CenturyLink
determines were wrongly charged to you. If you give notice of a billing dispute within 90 days of the billed date such interest will be
from the due date to the date CenturyLink credited back or refunded the wrongly charged amount. If you give notice after this 90day period, such interest will be from the date CenturyLink received your notice to the date CenturyLink credited back or refunded
the wrongly charged amount. You will be charged a Late Charge on any amounts withheld that are undisputed or ultimately
determined to have been correctly charged. You will pay all CenturyLink expenses incurred to recover such withheld amounts,
including attorneys' fees.
(iii) Deposit. CenturyLink may reasonably modify the payment terms or require other assurance of payment, including a deposit,
based on Customer’s payment history, lack of established credit, or a material and adverse change in Customer’s financial
condition. Refunded deposit amounts will be credited to your account and any credit balance will be refunded. If you make a cash
deposit, you will receive interest at the rate required in the state you receive Service, Equipment, or Software from date
CenturyLink received deposit until date CenturyLink refunded the deposit.
(iv) Method of Payment. Some Internet access services require you to pay by credit card. For those services, CenturyLink
currently accepts VISA, MasterCard or American Express. If you provide CenturyLink your credit card information, you authorize
CenturyLink to automatically charge your credit card for charges that apply to your account. CenturyLink will automatically charge
your credit card on the billing due date shown on your billing statement. In the event you request a chargeback on your credit card
of the amounts CenturyLink has charged you, you will be subject to a chargeback fee. If CenturyLink is unable to charge your
credit card for any reason, CenturyLink will assess a charge that will be the greater of ten dollars ($10.00) or five percent (5%) of
the amount due, plus an interest charge of 1.5% per month on the amount due until paid. Additionally, you may be subject to
Service suspension or account termination at CenturyLink’s discretion. You will not pay for the Services (as defined above), or any
related services you may purchase, with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other
similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless
each of those functions and obligations is explicitly identified and agreed to by the parties in this Agreement or in an Amendment to
this Agreement.
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12. Term and Termination.
(a) Month-to-Month Term. Unless otherwise specified herein, Service is offered on a monthly basis for a term that begins on the date
your Service order is completed, ends on the last day of the billing cycle during which you placed the order for Service, and
automatically renews monthly.
(b) Term Commitment and Early-Termination Charge. IF YOU ORDER SERVICE WITH A TERM COMMITMENT, YOU AGREE TO
MAINTAIN THAT SERVICE FOR THE ENTIRE TERM COMMITMENT PERIOD. IF YOU TERMINATE THAT SERVICE BEFORE THE
END OF THE TERM COMMITMENT PERIOD YOU WILL BE REQUIRED TO PAY THE EARLY-TERMINATION CHARGE SET
FORTH IN THIS AGREEMENT, WHICH IS EQUAL TO 100% OF THE MRC MUTIPLIED BY THE NUMBER OF MONTHS
REMAINING IN THE FIRST TWELVE (12) MONTHS OF THE TERM COMMITMENT PERIOD PLUS 40% OF THE MRC MUTIPLIED
BY THE NUMBER OF MONTHS REMAINING IN THE TERM COMMITMENT PERIOD AFTER THE FIRST TWELVE (12) MONTHS.
FOR PURPOSES OF THIS SECTION, MOVING, CHANGING YOUR INTERNET SERVICE PROVIDER, OR MAKING A CHANGE TO
ANY PART OF YOUR SERVICE THAT CARRIES A TERM COMMITMENT IS CONSIDERED TERMINATION OF THE ENTIRE
SERVICE. THE EARLY-TERMINATION CHARGE IS NOT A PENALTY. RATHER, IT IS AN OFFSET OR RECOVERY OF
CENTURYLINK COSTS RELATED TO EARLY TERMINATION AND THE DISCOUNTS ASSOCIATED WITH YOUR TERM
COMMITMENT. THE EARLY TERMINATION CHARGE WILL BE WAIVED IF (A) YOU NOTIFY CENTURYLINK WITHIN 30 DAYS OF
THE DATE YOU ORDERED THE SERVICE WITH A TERM COMMITMENT THAT YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT AND (B) CENTURYLINK HAS NOT PERFORMED AND YOU HAVE NOT USED ANY OF THAT SERVICE.
CenturyLink may waive the early-termination charge if you move or upgrade Service; your original term commitment period may start
over. After the term commitment period, Service will continue month-to-month until terminated by you or by CenturyLink.
(c) Termination. You may terminate this Agreement and your use of the Services at any time and for any reason by calling
CenturyLink at 1 800-244-1111 (Consumer/Residential accounts), 1 800-603-6000 (Small Business accounts), or 1 800-777-9594
(Global/Business & Government Services accounts); you cannot terminate your Service online or by e-mail. CenturyLink does not
monitor, and will not automatically cancel, Service for problems relating to domain name transfers. If you have trouble transferring your
domain name and you wish to terminate Service, you must contact CenturyLink as indicated above. Whether or not your domain name
transfers, you will be responsible for paying any outstanding amounts owed on your account through the date of termination.
CenturyLink may terminate this Agreement, your password, your account, and/or your use of the Service, without notice and for any
reason, including, without limitation, if you fail to pay any charges when due or if CenturyLink believes you or someone using your
account has violated this Agreement. CenturyLink may, but is not obligated to, send notice of any violations to you before termination.
When an account has been terminated or suspended, the reactivation of the old account or the acquisition of a new account will only be
allowed by the express approval of CenturyLink and is subject to applicable charges. If Service is terminated by you or CenturyLink
prior to the end of a monthly term, you will be required to pay a prorated amount of the MRCs for the month and the full amou nt for any
NRCs or other charges for the month and any accrued but unpaid amounts related to Service and Equipment through the effective date
of termination.
(d) Return of Leased Equipment. Upon termination, you must promptly return your leased Equipment to CenturyLink by following the
return process found in the Equipment box (black and white card) or in the User Manual. CenturyLink will, at its option, either: (1)
charge you the Equipment Charge if CenturyLink does not receive the Equipment within 30 days after termination; (2) charge you the
Equipment Charge upon termination and credit you back for such charge ONLY if CenturyLink receives your Equipment within 30 days
following termination; or (3) continue to charge you the monthly lease charge for the Equipment until CenturyLink receives the
Equipment.
(e) Deletion of Data upon Termination. Upon termination of your Service, CenturyLink may immediately delete all data, files, and other
information stored in or for your account or on your Web site without notice. In certain circumstances you may request that CenturyLink
reactivate your account and restore your deleted Web hosting and e-mail data. CenturyLink must receive your request no later than 90
days after termination.
(f) Seasonal Service (Vacation Service). Residential customers with qualifying Service may temporarily suspend Service (“Seasonal
Service” or “Vacation Service”) for a minimum of 30 days at CenturyLink’s then-current Vacation Service rates and charges. If you put
your Service on Seasonal Service, your Service and any related Internet access will be unavailable for your use. And, if you use your
Service to support Internet-based calling (e.g., voice over Internet protocol (VoIP)), you will not be able to make any incoming or
outgoing calls, including 911 calls, from your service address unless and until you have CenturyLink re-activate your Service. While
you are on Seasonal Service, any term commitment period will continue to run.
13. Limitation of Liability. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE
LAW, SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.
(a) YOU ASSUME TOTAL RESPONSIBILITY FOR USE, RESULTS OF USE, AND PERFORMANCE OF THE SERVICE,
SOFTWARE, EQUIPMENT, AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK. CENTURYLINK EXERCISES
NO CONTROL OVER AND DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT CREATED OR ACCESSIBLE USING THE
SERVICE, SOFTWARE, OR EQUIPMENT AND FOR ACTIONS TAKEN ON THE INTERNET. CENTURYLINK RECOMMENDS YOU
DO NOT USE THE SERVICE IN HIGH RISK ACTIVITIES WHERE AN ERROR COULD CAUSE DAMAGE OR INJURY.
(b) REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER
CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE, CENTURYLINK, ITS AFFILIATES,
AGENTS, AND CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, RELIANCE,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF
BUSINESS, LOST OR IMPUTED PROFITS OR REVENUES, LOSS OF INFORMATION OR DATA, COSTS OF COVER,
INTERRUPTED SERVICE, OR RELIANCE UPON THE SOFTWARE AND/OR ASSOCIATED DOCUMENTATION) ARISING OUT OF
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OR RELATED TO THIS AGREEMENT, SERVICE, SOFTWARE, OR EQUIPMENT EVEN IF ANY SUCH DAMAGES ARE CAUSED BY
CENTURYLINK, ITS AFFILIATES, AGENTS, OR CONTRACTORS.
(c) THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IN SECTION 15 BELOW IS THE ONLY
REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT. WITH REGARD TO ANY SERVICE RELATED CLAIM FOR
DAMAGES THAT IS NOT LIMITED BY THIS SECTION 13, YOUR EXCLUSIVE REMEDIES FOR SUCH CLAIM WILL BE LIMITED TO
THE TOTAL MRCS OR USAGE CHARGES PAID BY YOU TO CENTURYLINK FOR THE AFFECTED SERVICE IN THE ONE MONTH
IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. CENTURYLINK’S TOTAL
AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL MRC S AND
USAGE CHARGES PAID BY YOU TO CENTURYLINK UNDER THIS AGREEMENT IN THE ONE MONTH IMMEDIATELY
PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM (“DAMAGE CAP”).
(d) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF OTHER PROVIDERS.
ADDITIONALLY, IF PART OF THE SERVICE IS PROVIDED BY A THIRD-PARTY AND THE THIRD-PARTY FAILS TO PROVIDE
THAT SERVICE, CENTURYLINK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DEFICIENCIES IN OR LACK OF SERVICE.
(e) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IF SERVICE CHANGES REQUIRE EQUIPMENT CHANGES,
DEGRADE EQUIPMENT PERFORMANCE OR SERVICE PERFORMANCE WITH THE EQUIPMENT, OR MAKE EQUIPMENT
OBSOLETE.
(f)
As part of providing Service we may access your premises, computer hardware and software, and your networking and highspeed Internet-related equipment. We do not represent or warrant that the technicians doing such work have any special expertise
regarding your computer or such equipment. CenturyLink liability is limited to damage arising from willful misconduct or grossly
negligent acts of CenturyLink technicians in accessing your premises, computer, or networking and high-speed Internet-related
equipment up to $500. This is your sole remedy for such activity and neither CenturyLink nor its affiliates, agents, or contractors is
liable for any other damages, loss or destruction regardless of the theory, whether direct, indirect, incidental, special or consequential.
This is a limitation upon the remedy for such grossly negligent or willful misconduct, and is NOT part of any benefit under this
Agreement.
(g) Any claim or dispute arising out of or relating to this Agreement must be brought within one year after the cause of action arises.
14. Personal Injury, Death, and Property Damage. CENTURYLINK'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR
OMISSION OF CENTURYLINK RELATED TO THIS AGREEMENT WILL BE LIMITED TO ACTUAL DAMAGE TO REAL OR
TANGIBLE PERSONAL PROPERTY (AS LIMITED IN SECTION 13 ABOVE), OR BODILY INJURY OR DEATH DIRECTLY CAUSED
BY CENTURYLINK'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. EXCEPT FOR DAMAGES DESCRIBED IN THE
PREVIOUS SENTENCE, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR
CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION. CENTURYLINK AND OUR AFFILIATES, AGENTS, AND
CONTRACTORS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR
DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR PERIPHERALS, REGARDLESS OF THE CAUSE. Damages
under this Section will be subject to the limitation of liability in this Agreement but not the Damage Cap. TO THE EXTENT THAT ANY
LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO CUSTOMER
TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.
15. Warranty.
(a) Limited Warranty for Equipment. CenturyLink extends a Limited Warranty to the original lessor or purchaser (you) for the
Equipment. The terms of the Limited Warranty are set out below (the “Limited Warranty”) and are part of this Agreement. A copy of the
Limited Warranty is also available upon request from CenturyLink at no charge. Nothing in this Agreement will be deemed to alter the
terms of the Limited Warranty. THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IS THE
ONLY REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT, WHETHER ARISING UNDER THE LIMITED WARRANTY,
UNDER A LEGALLY EFFECTIVE IMPLIED WARRANTY OR OTHERWISE.
LIMITED WARRANTY
(i) This Equipment is warranted by CenturyLink to the person originally purchasing or leasing the Equipment, and no others, to be
free of manufacturing defects: (A) during the term of the modem lease, only (for modems leased from CenturyLink); (B) for a
period of one year from the date of Equipment purchase (for networking equipment purchased from CenturyLink (other than a
modem) if Network Backer service is also purchased and/or modems purchased from CenturyLink); and (C) for a period of 30 days
from the date of Equipment purchase or lease (for networking equipment (other than a modem) purchased or leased from
CenturyLink if Network Backer service is not purchased). Notwithstanding the foregoing, any unexpired limited warranty period for
networking equipment will expire immediately upon termination of your Network Backer service and you will have no further
warranty for such equipment.
(ii) This Limited Warranty covers only the basic operations of the Equipment, and CenturyLink does not warrant the compatibility of
the Equipment with any computer, operating system, or networking equipment, nor does this Limited Warranty cover any defect
present in any computer, network, or operating or other system. If the Equipment malfunctions due to a manufacturing defect,
before the one year term expires, CenturyLink will replace or repair it, at its option, without charge, so long as (A) you notify
CenturyLink by calling the correct number set forth in Section 15(a)(vi) below, report that the Equipment’s basic operations are not
functioning properly, and cooperate with the CenturyLink representative to evaluate the circumstances; (B) the date you so notify
CenturyLink is within the warranty period specified above; and (C) you promptly return the Equipment as provided in the Return
Policy & Procedure found in the Equipment box (black & white card) or in the User Manual. CenturyLink will: (1) replace or repair
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the Equipment, at its option, and return the replacement or repaired Equipment to you, within thirty (30) days after you comply with
(A) through (C), above; (2) provide you with an expedite option whereby CenturyLink will send you a replacement Equipment
promptly after you comply with (A) and (B); provided that, prior to sending you such replacement Equipment, CenturyLink may
charge you, via a credit card that CenturyLink accepts or other means CenturyLink chooses, for the full retail cost of the
replacement Equipment (“Advance Charge”). If you return your defective Equipment to CenturyLink according to the Return Policy
& Procedure found in the Equipment box (black & white card) or in the User Manual, and CenturyLink receives your defective
Equipment on or before the 30th day after you request a replacement Equipment pursuant to this Limited Warranty, CenturyLink
will credit back the Advance Charge to the same payment method to which the Advance Charge was applied (e.g., credit card) or
to your monthly service bill; or (3) such other option that you and CenturyLink may agree to. No other person or party is authorized
to provide repair or replacement service pursuant to this Limited Warranty.
(iii) Repaired/Replacement Equipment. CenturyLink may use new or reconditioned parts to repair the Equipment, or replace the
Equipment with new, repaired, or reconditioned Equipment, all at the sole discretion of CenturyLink. This Limited Warranty will
apply to the replaced or repaired Equipment, for ninety (90) days or until the end of the warranty period set forth herein, whichever
is longer. All replaced products or parts become the property of CenturyLink and will not be returned.
(iv) Exceptions and Exclusions. This Limited Warranty does not cover defects due to defacement, misuse, abuse, neglect,
improper use, improper electrical voltages or current, repairs by others, alterations, modifications, accidents, fire, flood, vandalism,
acts of God or the elements. No advice or information given by CenturyLink, its affiliates, its contractors, or their respective
employees will vary the terms of the Limited Warranty.
(v) No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is the only express warranty
extended by CenturyLink in connection with the Equipment. Implied warranties which may not be disclaimed are limited in time to
the duration of this Limited Warranty, and all remedies for all such implied warranties are restricted to the remedy and procedure
set forth for this Limited Warranty. This Limited Warranty is in lieu of all other warranties, however arising, and all such other
warranties are hereby disclaimed. Some states do not allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you.
(vi) This Limited Warranty is extended to the person originally purchasing or leasing the Equipment, and no others, by:
CenturyLink, 5 William White Blvd., Pueblo, CO 81001-4894
Consumer/Residential Accounts, please call 1 800-244-1111
Small Business Accounts, please call 1 800-603-6000
Global/Business & Government Services Accounts, please call 1 800-777-9594
If you have questions or comments, call or write us at the above number or address.
(vii) This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
(b) Disclaimer of Warranties. THE SERVICE, SOFTWARE, AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT FOR THE LIMITED WARRANTY IN THE PRECEEDING SECTION,
CENTURYLINK PROVIDES THE SERVICE, SOFTWARE, AND EQUIPMENT WITHOUT WARRANTIES OF ANY KIND, WRITTEN
OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE,
COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE
OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CENTURYLINK DOES NOT WARRANT THAT THE SERVICE OR
SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY CENTURYLINK, ITS AFFILIATES, ITS AGENTS, OR ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS
AGREEMENT OR CREATE ANY WARRANTY. CENTURYLINK IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE,
NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS,
MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. CENTURYLINK TECHNICAL
SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. CENTURYLINK MAKES NO WARRANTY REGARDING
TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT
ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO
CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW.
16. Indemnification. You agree to indemnify, defend, and hold harmless CenturyLink and its affiliates, contractors, officers, directors,
employees, or agents from any and all third-party claims, liabilities, costs, and expenses, including reasonable attorney fees and
punitive damages arising from: (a) violation of any provision of this Agreement by you or others who use your Service, Software, and/or
Equipment; (b) installation, modification, or use of the Service, Software, and/or Equipment by you and/or any parties who use your
Service, Software, and/or Equipment, with or without your permission; (c) claims for libel, slander, invasion of privacy, or infringement of
any intellectual property rights arising from the use of the Service, Software, or the Internet; (d) patent infringement arising from your
acts combining or using the Service in connection with facilities or equipment (circuit, apparatus, system or method) furnished by you;
(e) negligent acts, errors, or omissions by you; or (f) 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
gross negligence or willful misconduct of CenturyLink.
© CenturyLink, Inc. All rights reserved.
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17. Dispute Resolution and Arbitration; Governing Law. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS
THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION
WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A
CLASS ACTION.
(a) Arbitration Terms. You agree that any dispute or claim arising out of or relating to the Services, Equipment, Software, or this
Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding
arbitration. The sole exceptions to arbitration are that either party may pursue claims: (1) in small claims court that are within the scope
of its jurisdiction, provided the matter remains in such court and advances only individual (non-class, non-representative, nonconsolidated) claims; and (2) in court if they relate solely to the collection of any debts you owe to CenturyLink.
(i) Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute to CenturyLink in writing to
allow CenturyLink the opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may request
arbitration. The arbitration shall be conducted by the American Arbitration Association (“AAA”). The Federal Arbitration Act, 9
U.S.C. Sections 1-16, not state law, shall govern the arbitration of the dispute. Colorado state law, without regard to choice of law
principles, shall otherwise govern and apply to any and all claims or disputes. All face-to-face proceedings shall be conducted at a
location which is reasonably convenient to both you and CenturyLink. Arbitration is final and binding. Any arbitration shall be
confidential, and neither you nor CenturyLink may disclose the existence, content or results of any arbitration, except as may be
required by law or for purposes of enforcement of the arbitration award. The arbitrator may award any relief or damages that a
court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides. Judgment on
any arbitration award may be entered in any court having jurisdiction.
(ii) Costs of Arbitration. The party requesting arbitration must pay the applicable AAA filing fee, except that if you are an individual
using the Services for household or personal use and you initiate arbitration against CenturyLink: (1) you must pay one-half the
arbitrator’s fees up to a maximum of $125 if your claim does not exceed $10,000; (2) you must pay one-half the arbitrator’s fees up
to a maximum of $375 if your claim is more than $10,000 but less than $75,000; and (3) you must pay an Administrative Fee in
accordance with the AAA’s Commercial Fee Schedule if your claim exceeds $75,000 or if your claim is non-monetary. Except as
provided in the preceding sentence, each party shall pay its own expenses of the arbitration, including the expense of its own
counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a
claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action
must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable
attorneys’ fees.
(b) Waiver of Jury and Class Action. By this Agreement, both you and CenturyLink are waiving rights to litigate claims or disputes in
court (except small claims court as set forth in paragraph (a) above). Both you and CenturyLink also waive the right to a jury trial on
your respective claims, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity.
18. Notices. Except as otherwise provided herein, all required notices to CenturyLink must be in writing and sent to 1801 California
Street, Suite 900, Denver, Colorado 80202; Facsimile #: 1 888-778-0054; Attn.: Legal Department. Except as otherwise provided
herein, you agree that all required notices to you will be provided by one or more of the following: posting, bill message, bill insert,
postcard, letter, call to your billed telephone number, or e-mail to an address provided by you when you ordered Service or
Equipment. You agree to provide CenturyLink with any and every change to your e-mail address by calling 1 800-244-1111
(Consumer/Residential accounts), 1 800-603-6000 (Small Business accounts), or 1 800-777-9594 (Global/Business & Government
Services accounts). Except as otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the
recipient named above; (b) three business days after mailed via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d)
when delivered by facsimile so long as duplicate notification is also sent in the manner set forth in subsection (b).
19. General. If any term of this Agreement is held invalid, illegal or unenforceable, such term will be construed as nearly as possible to
reflect the original intent of the parties and the remaining terms will remain in effect. Neither party’s failure to insist upon strict
performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. All terms of this Agreement
that should by their nature survive the termination of this Agreement will so survive. CenturyLink will not be liable for any delay or
failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. This Agreement, together with
the other agreements and policies and posted information referenced herein, constitutes the entire agreement between you and
CenturyLink with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements or
understandings relating to the subject matter hereof. In the event of any inconsistency between this Agreement and any other
documents exchanged between you and CenturyLink related to the Service, Software, or Equipment, the provisions of this Agreement
will control.
Please call CenturyLink at 1 800-244-1111 (Consumer/Residential accounts), 1 800-603-6000 (Small Business accounts), or 1 800777-9594 (Global/Business & Government Services accounts) if you have any questions regarding your account.
Where required by law, customers who cancel their Service within the first three days, or seven days, as applicable, following
acceptance of this Agreement will be refunded all charges incurred with respect to their account.
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