Legal

Solarus offers internet access and related services, including the hosting of Web Sites, through its system to its Subscribers (“Subscribers”). Solarus does not, and cannot, control the content, quality or accuracy of information available through the services Solarus provides or over the internet in general. Solarus and all of its employees are NOT RESPONSIBLE FOR THE CONTENT OF ANY MATERIAL Solarus hosts, publishes, or that is not created by Solarus. All Web pages created by Solarus remain the exclusive intellectual property of Solarus. Subscribers shall acquire no rights of any kind in such materials.

These Terms of Service set forth the basic rules which apply to Solarus’ services. Solarus may change these Terms of Service in the future upon notice published on-line or otherwise provided by Solarus. BY USING Solarus’ SERVICES, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON LINE OR OTHERWISE AVAILABLE FROM Solarus. If the Terms of Service, Solarus’ services or Solarus’ pricing is or becomes unacceptable to a Subscriber, the Subscriber’s only right shall be to terminate its contract in accordance with the Section labeled ‘Cancellation and Termination of Contract’ below.

To the extent that any of these Terms of Service are found to conflict with any internet access service agreement or web hosting agreement then in force between Solarus and the Subscriber, the terms of the internet access service agreement or web hosting agreement shall control.

The services provided by Solarus are expected to change from time to time. Solarus reserves the right to change any service offered or the features of any service offered or its system without prior notice, including changes to access and use procedures and system hardware and software. For example, Solarus reserves the right to rearrange, delete, add or otherwise change programming offerings of its video service. Solarus will notify subscribers of changes, and the effective date of those changes, which are within Solarus’s reasonable control.

Each Subscriber is responsible for any and all fixed and accumulative charges for Subscriber’s account. The first month’s service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the Subscriber of payment obligations. Further, Subscriber is responsible for ALL charges associated with connecting to Solarus. Depending upon Subscriber’s calling location, the nearest access number may not be a local phone call and Subscriber may be subject to long distance charges. Subscriber agrees that any telephone charges incurred are Subscriber’s responsibility. Subscriber should check with Subscriber’s local phone company to determine whether any particular access number is a local call. If Subscriber accesses Solarus from certain access numbers, Subscriber may be assessed communication surcharges on Subscriber’s telephone bill. These apply even if Subscriber has selected an unlimited access account. Subscriber is responsible for all activities and charges under Subscriber’s account(s), including any unauthorized charges to Subscriber’s account.

Credit card Subscribers agree to allow Solarus to bill such card on each successive billing date without obtaining the Subscriber’s permission after the initial charge. Credit card Subscribers shall notify Solarus of any changes in credit card number or expiration date.

If the card is not honored for any reason, Solarus will attempt to notify the card holder by using the telephone information given at sign-up and by email. Solarus will call the card holder, and if alternative billing has not been established within five (5) days, the account will be disabled. Any account, once disabled because of non-payment, may be subject to a reconnection charge upon reconnection.

If payment is by check or money order, payment due dates are indicated on Subscriber’s email invoice. Dishonored checks are subject to a collection fee and Subscriber’s account may be suspended until the account is current. If payment is not received within five (5) days of the due date, service will be terminated until such time that payment has been received by Solarus.

Also, a nonrecurring charge (installation fee) is waived unless customer cancels prior to commitment period. Any further termination fee assessment will be at the discretion of the company.

Any account, once disabled because of non-payment, may be subject to a reconnection charge upon reconnection.

Solarus has the right to terminate service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.0% per month (12% per annum) on the outstanding balance. Termination of service shall not relieve the Subscriber from the obligation to satisfy outstanding invoices. In the event Solarus utilizes an attorney to collect such sums, the Subscriber shall be responsible for the payment of all of Solarus’ actual attorneys’ fees and costs incurred in the collection of these sums.

Solarus reserves the right to cancel service for any reason without prior notice. In case of cancellation without cause, unused fees may be returned to the Subscriber on a monthly basis.

Termination or suspension does not release liability for charges due. Solarus may delete all data, files or other information that is stored in Subscriber’s Web Site upon termination, as well as delete any and all email that may be sitting in Subscriber’s mailbox.

The Subscriber must notify Solarus in writing to cancel service. Fees for any setup, software, and the first month’s service are not refundable, unless the Subscriber is unsuccessful in using the account and notifies Solarus within five (5) days of establishing said service. There are no refunds for prepaid subscriptions.

The right to use Solarus’ service is not transferable. Accounts are for Subscriber use only. Subscriber is responsible for the confidentiality of Subscriber’s passwords. Loaning Subscriber’s account to others, connecting a system used by multiple persons, group use of Subscriber log-ins, and consuming more than one modem line are expressly prohibited unless agreed upon in advance by Solarus. If the Subscriber has multiple accounts, then the Subscriber is limited to one log-in session per system account at any time. Violation of this policy will be considered as theft of service and will be prosecuted under civil and criminal law.

Solarus’ services may only be used for lawful purposes and in a manner which Solarus believes, in its sole discretion, to be consistent with the rights of other Solarus Subscribers and third parties. While Solarus is not responsible for the content of hosted Web Sites, content on all Solarus’ hosted Web Sites must comply with all laws and must not infringe the rights of any third party. Solarus’ services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Solarus’ services shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous, misleading, false, untrue or defamatory. Use and access to other networks and Web Sites through Solarus’ services must comply with the rules for such other networks and Web Sites. Solarus is under no obligation to monitor information transmitted to or from Subscribers via Solarus’ services. If Solarus determines that any material that it considers objectionable is stored or referenced on Solarus’ facilities, Solarus reserves the right to remove such material.

Subscriber shall not (and shall not permit or assist others to) abuse, fraudulently use, or otherwise use Solarus’ services for any purposes other than those for which it was intended. Without limiting the foregoing, Subscriber shall not:

• Attempt to obtain service by fraudulent means or device with intent to avoid payment;
• Attempt to access, alter, or destroy any information of Solarus, or of another Subscriber of Solarus, or of the internet by any fraudulent means or device;
• Attempt to use the access through any of Solarus’ services so as to interfere with the use of the internet by other lawful users, or in violation of any laws, or in aid of any unlawful activity;
• Attempt to access a record in electronic format that contains personally identifiable information in order to facilitate any violation of the law; or
• Engage in resale for profit or for any other reasons, of the internet services provided by Solarus to Subscriber.

Solarus’ services should not be used to send unsolicited advertising or promotional materials to any other internet email address. Electronic mail and appropriate Usenet newsgroups may be used in the conduct of legitimate business. We do not allow Subscribers to run mail lists, list servers or any form of auto-responder from a Subscriber’ account. Processes that run or are activated while the Subscriber is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and Solarus will not be tolerated. When Solarus becomes aware of possible violations, Solarus will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Solarus may suspend access to services to the Subscriber account in question. Confirmation of violations may result in cancellation of the Subscriber account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Solarus following payment of a reconnection charge. Use of a Subscriber’s account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including that deemed threatening or obscene, or engaging in any kind of illegal activity is expressly prohibited. Subscriber will abide by all rules, regulations and policies of those networks and computer systems accessed via Subscriber’s account. If the Subscriber is unsure of those policies, it is the Subscriber’s responsibility to ascertain said policies.

Solarus manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of the best possible broadband Internet experience by all of Solarus’ customers. The company uses reasonable network management and test practices that are consistent with industry standards. In addition, Solarus is required by the FCC to test a random set of customers for speed and latency periodically during the year. By using this service, the customer agrees to allow the Solarus to perform these tests. Solarus tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

In addition to any web hosting agreement with Solarus, the following terms apply to Subscriber web sites.

Subscriber shall access Subscriber’s website solely through the internet. Subscriber’s access to Subscriber’s website via the internet is subject to separate agreements with either Solarus or other internet access providers. Subscriber is responsible for obtaining its own internet connectivity to access Solarus’ facilities, and for all costs of such connectivity. Subscriber is solely responsible for all hardware and software Subscriber may need to access, administer and maintain Subscriber’s website.

Subscriber is solely responsible for all content on Subscriber’s website, including any content or materials of a third party that Subscriber permits or enables to be posted on or accessed through Subscriber’s website. Subscriber is also solely responsible for the creation, posting, updating and maintenance of all content on Subscriber’s website, and management and editorial control of Subscriber’s website’s content.

Subscriber shall be solely responsible for obtaining, registering, and the appropriate use of all domain names used by Subscriber. Any internet protocol addresses or other network numbers assigned by Solarus to Subscriber shall remain the property of Solarus and Solarus reserves the right to reassign or reissue any Internet protocol addresses to others.

Subscriber agrees not to use any bandwidth or storage space in excess of the amount provided under Subscriber’s Web Hosting Agreement. If Subscriber’s usage exceeds allowed bandwidth or storage space, Solarus may, in its sole discretion, charge Subscriber for excess bandwidth or storage space at its rates then in effect, suspend the performance of service, or terminate this Agreement. Subscriber shall not be entitled to a refund of any unused prepaid fees in the event of such suspension or termination.

Subscriber is solely responsible for handling, processing and filling any requests for goods or services generated by Subscriber’s website, and shall be solely responsible for properly addressing inquiries or complaints arising from or related to Subscriber’s website. Subscriber shall indemnify and hold Solarus harmless from any claims of third parties arising in any way from any person’s use of Subscriber’s website. Subscriber agrees to pay or cause to be paid all taxes and fees applicable to its website and any business transacted through Subscriber’s website.

Solarus will comply with the provisions of the Online Copyright Infringement Liability Limitation Act (‘the Act’) (17 U.S.C. ‘ 512) concerning the removal from its system of, or the blocking of access to, material which infringes on a copyright or as to which Solarus receives notification of claimed infringement as provided under the Act. This remedy is in addition to any other remedy available to Solarus under the Terms of Service or as otherwise provided by law. Solarus’ designated agent for receiving notification of claimed copyright infringement is:

Full Address of Designated Agent to Which Notification Should be Sent:

Solarus

440 East Grand Avenue Wisconsin Rapids, WI 54494

Telephone Number of Designated Agent: 888-676-8638

Facsimile Number of Designated Agent: 715-424-8251

Email Address of Designated Agent: npockat@solarus.net

The accounts of any Subscriber infringing on a copyright may be terminated with or without prior warning, depending on the frequency and severity of the violation. Solarus does not monitor or screen materials on its network. Any other abuse of Solarus services should be reported to the copyright agent named above.

Subscriber shall be responsible for the use and compatibility of any hardware or software not provided by Solarus. Solarus makes no warranty, guarantee or representation that any particular device or software not provided by Solarus will function properly with the internet information and communication link. Subscriber’s responsibility for payment shall not be reduced or changed by virtue of any hardware or software provided by Solarus failing to function or being incompatible with the internet information and communication link.

Servers shall only be placed behind InNet Pro Service of not less than 1 Meg bandwidth, at an additional charge. Internet Servers such as web, game, and FTP will not be permitted on InNet DSL connections. These services are permitted with our Internet Direct Connect Service. E mail servers, however, are an exception, and will be permitted to run on InNet xDSL connections.

NO WARRANTY; LIMITATION OF LIABILITY USE OF Solarus’ SERVICES AND THE INTERNET IN GENERAL IS AT SUBSCRIBER’S SOLE RISK. Solarus DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT Solarus’ SERVICES OR SYSTEMS WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES Solarus MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICES OR THE INTERNET IN GENERAL. Solarus’ SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES SHALL Solarus BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, Solarus WILL NOT BE LIABLE FOR: DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF Solarus’ SERVICES; RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH Solarus’ SERVICE OR THE INTERNET; DELETION OR LOSS OF FILES, EMAIL OR VIRUSES; ANY DELAY OR FAILURE OF PERFORMANCE; OR UNAUTHORIZED ACCESS TO RECORDS OR FILES.

THE MAXIMUM LIABILITY OF Solarus TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Solarus’ NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER TO Solarus DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM.

The Subscriber agrees to indemnify and hold harmless Solarus, its directors, officers, shareholders, agents, employees and its other Subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of Subscriber’s account or the Subscriber’s Web Site, whether or not authorized.

Solarus treats email messages as private. Exceptions are those permitted by law, including, for example: (i) as necessary to operate the system or protect Solarus’ rights or property; (ii) upon legal demand (court orders, warrants, subpoenas); or (iii) where Solarus receives information inadvertently which appears to pertain to the commission of a crime. Subscribers should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Solarus’ system. In addition, although Solarus has implemented certain security measures, Solarus cannot guarantee that its system or stored data of a Subscriber will be free from unauthorized intrusion or otherwise guarantee the privacy of information of any Subscriber. Subscriber consents to Solarus’ collection and use of personal information collected in the course of Solarus’ providing services to Subscriber. Solarus’ collection and use of Subscriber’s personal information is subject to the terms of Solarus’ privacy policy as posted on its Web Site at www.solarus.net.

Subscriber agrees that exclusive jurisdiction for any claim or dispute arising from use of Solarus’ service resides in the courts located in the State of Wisconsin. Subscriber consents to the personal jurisdiction of the courts located in Wood County, Wisconsin, as to any claim or dispute arising from use of Solarus’ service. These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of Solarus. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Wisconsin without regard to conflict of law principles. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. These Terms of Service apply in addition to any internet access service or web hosting agreement between Solarus and the Subscriber.

If applicable to the Services you buy from us, we will make arrangements through equipment vendors to install the equipment you have ordered for installation in order that your service can be activated as soon as possible.  If the equipment is rented from us, you must purchase managed service from us. If the equipment is purchased from us, you may purchase maintenance and support from us. You agree that we are not responsible for maintenance or support of the equipment (unless you purchase maintenance and support from us) or for any failures of our service as a result of your failure to maintain the equipment.  You further agree that you will provide suitable space and environmental conditions for equipment you rent from us, and you will be responsible for damage or destruction of the equipment rented to you. Upon termination of this Agreement you will return to us all of our equipment, if leased from us, in good condition.  If you fail to do so, or the equipment is damaged or destroyed while it is rented to you, you agree to pay us the reasonable value of our equipment within 10 days after your receipt of our invoice.

With the deployment of fiber, the most advanced telecommunications network available today, there is one function that copper telephone wires provided, that fiber cannot, line power. Copper-based phone service continued to function during a power outage because low-voltage power passed through the line, keeping your phone operating. Today’s fiber technology is made of glass, which cannot carry low-voltage power across it.

It is important you understand your fiber telephone service will not function during a power outage without a backup battery option, eliminating your ability to make ANY calls, including emergency calls to 9-1-1. The only way for you to use your phone in the event of a power failure is to use some form of backup power.

If you are concerned about being able to contact 9-1-1 emergency services during a power outage, a backup battery may be a good option for you. We offer two options: 8-hr Backup Battery and 24-hr Backup Battery. For more information or to purchase a Solarus backup battery, please call 715-421-8111 (Wisconsin Rapids) or 920-596-2535 (Manawa), or visit our business offices.

View DSL wholesale tariff terms and conditions

The following Master Services Agreement (“MSA” or “Agreement”) between Wood County Telephone Company, a corporation organized under Wisconsin law, Central Wisconsin Communications, LLC, a limited liability company organized under Wisconsin law, and Manawa Telephone Company, a corporation organized under Wisconsin law, collectively d/b/a Solarus, (hereafter referred to as “we”, “us”, and “our”) and its Customer,                                                                                           (hereafter collectively referred to as “you” and “your”) describes the mutual agreement under which we provide Services to you.  You and we are each a “Party” and collectively referred to as “Parties.”  The MSA together with all other referenced documents, Exhibits and attachments constitute our entire Agreement and supersede any prior contemporaneous discussions and understandings, written or verbal.
In consideration of this Agreement, we provide Services to you, and you agree to purchase these Services under the following provisions:

1. Description of Services Provided.
We will provide you with Services as described in the Exhibits and Attachments to this MSA during the term of this Agreement and warrant that our Services will meet the minimum performance standards described in the Exhibits and Attachments to this MSA.  The Solarus entity providing each Service is identified in the Exhibit describing the Service.

2. Use of Service.
You agree that our Services will not knowingly be used for any unlawful purpose. You agree that Services shall be provided subject to the terms of this Agreement, the Exhibits and Attachments to this Agreement and our Acceptable Use, Web Hosting and Privacy Policies as in effect from time to time as posted at solarus.net.

3. Service Term, Renewal and Cancellation.
This Agreement is effective on the date we make services available for your use, and shall automatically renew on the anniversary date of the effective date on a month-to-month basis, at the month-to-month rate current at the time of renewal, unless either of us provides the other with one month written notice prior to such anniversary that it intends to terminate the Agreement effective on that anniversary date. Notwithstanding any other provision of this Agreement, the term of this Agreement shall continue until the term of all Exhibits to this MSA expire or are terminated.

4. Equipment Installation and Liability.
If applicable to the Services you buy from us, we will make arrangements through equipment vendors to install the equipment you have ordered for installation in order that your service can be activated as soon as possible. If the equipment is rented from us, you must purchase managed service from us. If the equipment is purchased from us, you may purchase maintenance and support from us. You agree that we are not responsible for maintenance or support of the equipment (unless you purchase maintenance and support from us) or for any failures of our service as a result of your failure to maintain the equipment.  You further agree that you will provide suitable space and environmental conditions for equipment you rent from us, and you will be responsible for damage or destruction of the equipment rented to you. Upon termination of this Agreement you will return to us all of our equipment, if leased from us, in good condition.  If you fail to do so, or the equipment is damaged or destroyed while it is rented to you, you agree to pay us the reasonable value of our equipment within 10 days after your receipt of our invoice.

5. Charges and Payments.
Charges for our Services will be calculated in accordance with the MSA and the Exhibits and Attachments to the MSA and issued for monthly periods based upon the anniversary date of your service activation.  Recurring minimum monthly charges will be billed in advance of the service period. You will pay all charges due by the invoice due date in U.S. dollars.

6. Elimination or Modification Services.
We reserve the right to eliminate and/or modify Services and/or upon prior written notice to you, which notice will state the effective date for the elimination and/or modification.  In the event we notify you of an elimination and/or modification for an individual Service, you may terminate this Agreement only with respect to the Services affected by the elimination and/or modification of Service. In order to cancel such Services, you must notify us, in writing, prior to the effective date of the modification.

7. Credit Approval.
Your execution of this Agreement signifies your acceptance of our initial and continuing credit approval procedures and policies. We reserve the right to withhold activation of Services pending our initial satisfactory credit review. We reserve the right to modify our credit requirements in light of your actual usage and payment history.  We may also run credit reports on you at any time.  You agree to provide us with updates on your financial condition upon our request.

8. Credit Card and Automated Clearing House (“ACH”) Payments.
If you are paying us through your credit card, you agree, within ten (10) days of any change, to provide us with an updated credit card account number and expiration date, if your credit card information changes.  Similarly, if you have made arrangements for us to collect our invoice by automatic transfer from your bank account through an ACH payment, you agree to notify us within ten (10) days of any change to your bank account information.

9. Taxes.
All fees charged by us for Services are exclusive of all (federal, state or local) taxes and similar fees (whether considered imposed on us or you, and regardless of characterization as sales, use, excise, gross receipts, privilege, duties, fees or other similar liabilities) now in force or enacted in the future imposed on the transaction and/or the delivery of Services, all of which you will be responsible for and will pay in full, except for taxes based on our net income or property taxes.  You shall pay such additional charges for taxes in addition to all other charges provided for herein.

10. Tax Exemption.
If you are eligible for exemption from certain taxes imposed on us, you, or the delivery of Services, we will continue to charge for all such taxes and you shall pay for all such taxes until such time as you deliver appropriate certifications or exemption certificates to us in accordance with the applicable taxing laws or regulations.

11. Late Payment and Collection Charges.
Any payment not received within thirty (30) days of the invoice date (the “Due Date”) will accrue interest at a rate of one and one-half percent (1-1/2%) per month or fractional month, or the highest rate allowed by applicable law, whichever is lower.  If a payment is returned for non-sufficient funds, you agree to pay a charge equal to the greater of $50.00 or the actual bank charges to us.  If you are delinquent in your payments, we may, by written notice to you, modify the payment terms to require advance payment before the provision of Services or require other assurances, such as a security deposit, to secure your payment obligations.

12. Billing Disputes.
Notwithstanding the foregoing, late payment charges shall apply (but shall not be due and payable for a period of thirty (30) days following the Due Date) for amounts reasonably disputed by you, provided that you: (a) pay all undisputed charges on or before the Due Date, (b) present a written statement of any billing discrepancies to us in reasonable detail on or before the Due Date of the invoice in question, and (c) negotiate in good faith with us for the purpose of resolving such dispute within said thirty (30) day period. In the event such dispute is resolved in our favor, you agree to pay us the disputed amounts together with any applicable late fees within ten (10) days of the resolution.  In the event such dispute is resolved in your favor, you will receive a credit for the disputed charges in question and the applicable late fees. In the event the dispute cannot be resolved within such thirty (30) day period (unless we have agreed in writing to extend such period), all disputed amounts together with late fees shall become due and payable, and this provision shall not be construed to prevent you from pursuing any available legal remedies. We shall not be obligated to consider any of your notices of billing disputes which are received by us more than thirty (30) days following the Due Date of the invoice in question.

13. Default.
You will be in default if (a) you do not pay any amount due within thirty (30) days of when it first becomes due; or (b) you break any of your commitments or obligations to us under this Agreement; or, (c) you cause us to be insecure with respect to your willingness or ability to pay.  You will cause us to be insecure if, for example, and without limitation:  you become insolvent, you stop paying your debts as they become due, you stop doing business as a going concern, you or a guarantor dies or becomes insolvent, you consolidate or merge without our written consent, you or any guarantor fail to affirm or assume this Agreement within sixty (60) days of filing bankruptcy, or our credit approval procedures and practices lead us to believe that you will not be able to pay the amounts due under this MSA.

14. Remedies.
If you default, we may do any or all of the following: (a) we may exercise any right we have by law or equity, for which you, including any guarantor, expressly waive any required notice; (b) we may refer this matter to an attorney for appropriate legal action, in which case you agree to pay our reasonable attorney’s fees and actual costs, including our travel costs to any deposition or court appearance; (c) we may, upon ten (10) days written notice to you, suspend your Services until payment of all amounts owing (as provided under Suspension of Service below, including late fees, reactivation fees and any other costs; (d) we may terminate any or all Exhibits to this MSA; and, (e) we may process billings  for cancellation charges.

YOUR EXCLUSIVE REMEDY FOR OUR FAILURE TO PROVIDE SERVICES UNDER THIS MSA IS TO RECEIVE A CREDIT FOR AMOUNTS YOU HAVE PAID FOR SERVICES YOU DO NOT RECEIVE.  OUT OF SERVICE CREDIT WILL BE GIVEN IN PER DAY INCREMENTS FOR EACH FULL CALENDAR DAY DURING WHICH THE SERVICE IS NOT AVAILABLE DUE TO THE FAILURE OF OUR NETWORK DUE TO CIRCUMSTANCES WITHIN OUR CONTROL.

15. Suspension of Service.
In the event all undisputed charges due pursuant to our invoice are not paid in full by the Due Date or disputed charges owed by you, if any, are not paid in full by the time specified under Billing Disputes above, we shall have the right, after giving you five (5) days prior written notice (“Suspension Notice”) and the opportunity to pay such charges, to suspend all or any portion of our Services until such time that you have paid in full all undisputed charges then due to us, including any late fees.  Following such payment, we shall reinstitute Services to you only when you have provided us with satisfactory assurance of your ability to pay for Services (i.e., a deposit, letter of credit or other means acceptable to us) and your advance payment of the cost of reinstituting Services.  Services will be restored within a twenty four hour period. If you fail to make the required payment by the date set forth in the Suspension Notice, you will be deemed to have canceled the Services suspended effective as of the date of suspension.  Such cancellation shall not relieve you of your obligation to pay all amounts owing to us.

16. Warranty.
We will use reasonable efforts under the circumstances to maintain our overall service quality in accordance with the terms of this MSA. WE MAKE NO OTHER WARRANTIES ABOUT OUR SERVICES PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

17. DAMAGES WAIVER.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, REPLACEMENT GOODS, LOSS OF CUSTOMERS OR CLIENTS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER.

18. Basis of the Bargain; Failure of Essential Purpose.
You acknowledge that we have set our prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties provided, and that the same form an essential basis of the bargain between us. You agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.

19. Indemnity.
YOU AGREE TO INDEMNIFY US FOR ANY ACTIONS ARISING FROM USE OF OUR SERVICES INCLUDING PURPORTED VIOLATIONS OF COPYRIGHT, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.  YOU AGREE TO REIMBURSE US FOR ALL REASONABLE COSTS AND EXPENSES INCURRED BY US DUE TO OUR DIRECT PARTICIPATION (EITHER AS A PARTY OR WITNESS) IN ANY ADMINISTRATIVE, REGULATORY OR CRIMINAL PROCEEDING CONCERNING YOU, IF OUR INVOLVEMENT IN SAID PROCEEDING IS BASED SOLELY ON THE PROVISION OF SERVICES TO YOU.

20. No Third Party Beneficiaries.
The Parties agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either of us.

21. Governing Law; Dispute Resolution.
You agree that this Agreement is executed and performed in Wisconsin and Wisconsin law will apply to it.  As to any dispute arising under this Agreement, you also consent to the personal jurisdiction of any state or federal court located in the state of Wisconsin, and waive any right to a trial by jury so that any trial related to this Agreement shall be by and only to the court.

22. Consent to Service of Process.
You agree that any process served for any action or proceeding shall be valid if done by any means allowed by law, or if mailed by certified mail, return receipt requested, with delivery restricted to either the addressee, its registered agent, or any agent appointed in writing to accept it.

23. Severability.
In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.  In such event, the Parties will negotiate in good faith with respect to any such invalid or unenforceable part to the extent necessary to render such part valid and enforceable.

24. Waiver.
No term or provision of this Agreement shall be deemed waived and no breach or default shall be deemed excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. No delay or omission by us to exercise any right or power occurring upon any noncompliance or default by you with respect to any terms of this Agreement shall impair any such right or power, or be construed as a waiver thereof.   Our consent to or waiver of, your breach or default, whether express or implied, shall not constitute consent to or waiver of any different or subsequent breach or default.

25. Assignment.
You may not sell, transfer, or assign this Agreement. We may sell, transfer, or assign our performance under this Agreement.  You agree that if we do, the assignee will have the same rights and benefits that we have but that our assignee or successor will not be subject to any claims, defenses, or setoffs that you claim to have against us.

26. Notices.
Any notice or communication required or permitted to be given hereunder may be delivered by hand, by an overnight courier, sent by email, confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party as listed on this Agreement or at such other address as may hereafter be furnished in writing by either Party to the other Party.  Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier.

27. Relationship of the Parties.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between us. Neither of the Parties will have the power to bind the other or incur obligations on the other’s behalf.

IN WITNESS WHEREOF, authorized representatives of Customer and Solarus have read the foregoing and all documents and exhibits incorporated therein and agree and accept such terms effective as of the date opposite their signatures below:

The following is a description of Solarus’ Privacy Policy for its internet access and for Solarus’ website. By using Solarus’ internet access services, or by visiting its website, the subscriber (“Subscriber”) is consenting to Solarus’ information gathering and use practices as in effect from time to time. If Subscriber has any questions or concerns about this Privacy Policy as it applies to Solarus’ services, please do not hesitate to contact Solarus via telephone at 1.888.676.8638 or by email at support@solarus.net.

Solarus collects information from Subscribers at several different points as it provides internet access and related services, including information on when and with what kind of devices Subscribers access our services. Solarus is the sole owner of the information it collects in the course of providing internet access and video services. Solarus’ website uses “cookie” technology. “Cookies” are strings of text that a website stores on a Subscriber’s computer. Cookies enable a website to keep track of a Subscriber’s preferences and activities relating to that website.

Solarus’ website creates and uses temporary cookies. These temporary cookies expire at the end of a Subscriber’s visit to the website. If Subscriber chooses to create a personal profile and selects the option to have Subscriber’s name and password automatically remembered, a permanent cookie will be placed on Subscriber’s computer. This permanent cookie does not expire unless Subscriber deactivates Subscriber’s personal profile.

Solarus uses information it obtains in the course of providing its services and from its website for the following purposes:
Marketing Solarus’ products and services to Subscribers who have consented to Solarus offering those products and services to them;
Internal analysis of how Solarus’ services and website are used;
Order processing; ” Collection of amounts owed to Solarus;
To administer and maintain the services it provides; and
To satisfy legal requirements, including but not limited to responding to legal demands for information, and enforcing Solarus’ use policies; and, as appropriate in situations Solarus’ reasonably considers to be emergencies involving personal safety.

Solarus will not sell, share, or rent Subscriber’s information to others in ways other than as described in this Privacy Policy. Solarus may share aggregated demographic information with Solarus’ service providers. This information is not linked to any personal information that can identify any individual person or entity.

This Privacy Policy applies solely to information collected by Solarus from its provision of internet access services and from Solarus’ website. Solarus’ website may contain links to other sites. Solarus may also host websites designed and used by others. Solarus is not responsible for the privacy practices of sites other than its own. Solarus encourages Subscribers to be aware when they leave Solarus’ site, and to read the privacy statements of each and every website that collects personally identifiable information.

Solarus’ website and its information gathering in connection with Solarus’ other services are not intended to collect information about minors. Persons under age 18 should use Solarus’ website, and Solarus’ internet access services, only with the supervision of a parent or guardian.

Solarus takes commercially reasonable precautions to protect its Subscribers’ information. When Subscribers submit personal information via the Internet or via Solarus’ website, the information is protected both online and offline. All of Solarus’ Subscribers’ information is restricted in Solarus’ offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on Solarus’ security and privacy practices. The servers that Solarus stores personally identifiable information on are kept in a secure environment. If Subscriber has any questions about security related to Solarus’ services, Subscriber can send an email to support@solarus.net.

If a Subscriber’s personally identifiable information changes (such as Subscriber’s ZIP Code), or if a Subscriber no longer desires Solarus’ service, Solarus will endeavor to provide a way to correct, update or remove that Subscriber’s personal data provided to Solarus. This may be done by contacting Customer Support via the following methods:
Email: support@solarus.net
Telephone: 1.888.676.8638
Postal Mail: Solarus Attention: Privacy Policy Request P.O. Box 8045 Wisconsin Rapids, WI 54495-8045.

If Solarus decides to change this Privacy Policy, Solarus may post those changes on Solarus’ website so Subscribers are always aware of what information Solarus collects, how Solarus uses the information, and under what circumstances, if any, Solarus discloses the information. If at any point Solarus decides to use personally identifiable information in a manner different from that stated at the time it was collected, Solarus will notify Subscribers by way of an email. Subscribers will have a choice as to whether or not Solarus uses Subscriber’s information in this different manner. Solarus will use information in accordance with the privacy policy under which the information was collected.

Solarus (“the Company”) offers internet access service, which provides customers the capability to transmit data to and receive data from the internet. The Company provides fixed broadband service in the Company’s local telephone service area (“Broadband Service”), and resells the service of other Internet Service Providers outside of its local telephone service area (“Resale Broadband”). The Company also provides wireless internet access service within and outside of its local telephone service area (“Fixed Wireless Broadband”). Please refer to https://www.solarus.net/check-availability for information on which services are available in your area.

This statement describes the network management practices, performance characteristics, and commercial terms and conditions for the Company’s Broadband and Fixed Wireless Broadband services. For information on the network management practices, performance characteristics, and commercial terms and conditions for Resale Broadband Service, please see http://www.att.com for Resale Broadband Service offered in the Stevens Point and Plover areas, and http://www.frontier.com for Resale Broadband Service offered in the Marshfield and Wausau areas.

The Company has adopted the following network management practices, performance characteristics, and commercial terms and conditions for its Broadband and Fixed Wireless Broadband services in compliance with the Federal Communications Commission’s Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52).

These practices, characteristics, terms and conditions are intended to help preserve the internet as an open framework that promotes consumer choice, freedom of expression, end-user control, competition, innovation and investment, while permitting the Company to manage its network reasonably.

These practices, characteristics, terms and conditions are effective as of November 20, 2011. The Company may add, delete, or modify these practices, characteristics, terms and conditions from time to time at its sole discretion in accordance with applicable law. These practices, characteristics, terms and conditions will be maintained and updated on this website.

The Company manages its network with the goal of reducing or mitigating the effects of congestion on the network and ensuring network security and integrity. The Company does not guarantee or warrant that it can prevent or reduce the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.

Use of the Company’s network is subject to the Company’s General Terms and Conditions for Internet Services, which may be viewed at https://www.solarus.net/terms, and the terms of the Company’s customer service agreements, the forms of which may be viewed at https://www.solarus.net/master-services-agreement.

Congestion is an internet access service problem that can slow web browsing, downloading, and other activities of customers during certain peak usage periods. The Company has experienced no recent problems with congestion. If congestion becomes a problem, the Company may implement reasonable network management practices tailored to reduce or mitigate the effects of congestion on the network, taking into account the particular network architecture and technology of the Company. Reasonable network management practices that the Company may adopt include, but are not limited to, the following: (i) a cap on data usage; (ii) modification of serving facility or service technology; and/or (iii) a modification of or a limitation on data throughput speed or data consumption.

The Company does not favor or inhibit lawful applications or classes of applications. Customers may use any lawful and commercially available application which they desire on the Company’s network.

The Company does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts the Company with a substantial allegation that an application being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.

The Company blocks specific ports in relation to firewalls. Customers are required to use Company’s mail server as a means of controlling spam. If a customer prefers full access without this protection, the customer may subscribe to a public IP address.

The Company does not have any approval procedures that must be satisfied before a device can be connected to its network. Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on the Company’s network, as long as such device does not harm or circumvent the network and is not intended to redistribute Company’s broadband internet access services, except as may be specifically permitted in a customer’s service agreement.

The Company does not normally monitor the devices used by its customers. It undertakes no obligation to monitor or investigate the lawfulness of the devices used by its customers. If any party contacts the Company with a substantial allegation that a device being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of a device that is demonstrated to be unlawful.

The Company does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.

The Company makes available anti-spam services to its customers at no additional charge. The Company does not guarantee or warrant that its anti-spam service will prevent the undesirable effects of spam that can degrade the service of affected customers. The Company recommends that customers purchase (and keep up-dated) spam filtering and anti-virus software or services from commercial vendors to meet their needs, as long as such software or services do not disrupt or degrade the traffic of other customers of the Company or harm the Company’s network.

A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify the Company as soon as possible. The Company will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.

The Company employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. The Company does not guarantee that it can protect customers from any and/or all security breaches.

Subject to reasonable network management practices that may be implemented from time-to-time, the Company does not knowingly and intentionally block, impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non-harmful devices. However, the Company notes that congestion may from time to time impair, degrade, or delay some traffic.

The Company does not charge edge service providers of content, applications, services and/or devices a fee simply for transporting traffic between the edge service provider and its customers.

The Company’s general terms and conditions for internet services are set out at https://www.solarus.net/terms.php, in the Company’s Privacy Policy, at https://www.solarus.net/privacy and the customer service agreement, forms of which may be viewed at https://www.solarus.net/master-services-agreement. The service and performance characteristics of the internet access service that the Company offers through resale outside of the Company’s local telephone service area are described at http://www.att.com for Resale Broadband Service offered in the Stevens Point and Plover areas, and http://www.frontier.com for Resale Broadband Service offered in the Marshfield and Wausau areas.

The Company’s service agreements generally describe the speed and performance of the Company’s internet access services. Actual access speeds and time delays (latency) are impacted by type of service provided, the length, capacity and congestion of the Company’s network, middle mile transport facilities (between the Company’s service area and Internet nodes) and the internet destination. The Company can assist customers in testing their own equipment and connection to determine the customer’s actual access speed and latency. The Company offers a speed test which its customers can access at https://www.solarus.net/speedtest. The Company does not guaranty any particular upload or download speed.

Solarus makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance caused by Solarus’ network. Solarus measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets.  Solarus is also required by the FCC to test a random set of customers for speed and latency periodically during the year. This transparency statement discloses that Solarus will perform these tests.   If additional equipment is required for a selected customer for this testing, Solarus will contact the customer to schedule installation of the equipment.

Based on the best information available to the Company, in tests it has conducted during a typical weekday night between 7:00 pm and 11:00 pm, average speed for Broadband services were as follows:

Broadband

1.0Mb/s X 1.0Mb/s Internet Service
Average Download: 1Mb/s
Average Upload: 989kb/s
Latency: 26ms

5.0Mb/s X 5.0Mb/s Internet Service
Average Download: 4.89 Mb/s
Average Upload: 4.76 Mb/s
Latency: 16ms

The Company’s service is generally suitable for real-time applications. The service a customer subscribes to will impact the efficiency of the real-time applications.

The Company’s network is used to provide IP video services to end-users. This specialized service has not adversely affected the last-mile capacity available for the Company’s broadband internet access services, or the performance of such services. Significantly heavy use of specialized services (particularly IP video services) may impact the available capacity for and/or the performance of the Company’s broadband internet access services.

The Company’s general terms and conditions for internet services are set out at https://www.solarus.net/terms.php, in the Company’s Privacy Policy (https://www.solarus.net/privacy) and the customer’s service agreements, the forms of which are located at https://www.solarus.net/master-services-agreement. The Company reserves the right to modify its service offerings at any time.

The Company offers different tiers and levels of service at different prices, and changes the available tiers and levels of service as well as the prices from time to time. Currently available service tiers and levels, and the prices for each are detailed at https://www.solarus.net/master-services-agreement.

The Company does not impose usage-based fees upon certain tiers or levels of its service.

Fees for early termination (where applicable) and additional network services are contained in greater detail in the general terms and conditions for internet service section of this website and the customer’s service agreement.

The Company does not unreasonably discriminate in its transmission of lawful traffic over the broadband internet access services of its customers.

The Company does not block, impair, degrade or delay VoIP applications or services that compete with its voice services and those of its affiliates.

The Company does not block, impair, degrade, delay or otherwise inhibit access by its customers to lawful content, applications, services or non-harmful devices.

The Company does not impair free expression by actions such as slowing traffic from particular websites or blogs.

The Company does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic.

The Company does not prioritize its own content, application, services, or devices, or those of its affiliates.

The Company’s network management practices do not generally entail inspection of network traffic.

The Company does not retain, store or provide customer traffic information, except as required by law under the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes.

The Company’s Privacy Policy is set out at https://www.solarus.net/privacy.

Questions and complaints regarding the foregoing matters should be addressed to the Company at 715-421-81111 or info@solarus.net.

The Company strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable. Customers and edge service providers that are not able to obtain satisfaction from the Company have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes

This Agreement (“Agreement”) is between Central Wisconsin Communications, LLC, (“CWC”), d/b/a Solarus, and the undersigned End User of Voice over Internet Protocol (“VoIP”) communications services. This Agreement governs both the services and devices described below provided by and approved by CWC to be connected to the CWC VoIP network. In this Agreement, “you” “your,” “End User,” “user,” and “Customer” mean the End User of the CWC services defined below, and “CWC,” “we,” “our,” and “us” mean CWC. BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING MARKETING AND INFORMATIONAL MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE CWC WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING CWC FOR FURTHER DIRECTIONS.

CWC VoIP service is an enhanced informational communication service whereby the voice communication is converted to VoIP and carried, in part, over High Speed internet networks, also known as broadband internet service. “Service” or “Services” is defined to include VoIP calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which CWC, in its sole discretion, may add, modify, or delete from time to time. “Service” or “Services” do not include broadband internet service.

Service requires: (a) a broadband connection via DSL (“Digital Subscriber Line”), procured from CWC and (b) a specialized customer premise equipment called a Telephone or Terminal Adapter (“TA”), Analog Telephone Adapter (“ATA”), Integrated Access Device (“IAD”), IP Office or other such equipment (henceforth called “Device”) provided by CWC that allows connectivity from a regular telephone handset (which you need to supply), or a specialized IP telephone (“Internet Protocol telephone”) provided by CWC, to your broadband connection, and which you are responsible for installing yourself pursuant to instructions provided to you by CWC. If you receive packaging and/or Devices from CWC that are visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact CWC’s customer service department immediately.
VoIP is dependent on the broadband connection, adequate power, and correct configuration of the IP phone, IP office, Terminal Adapter (“TA”) or other device used to convert the voice signal to an Internet Protocol (“IP”) signal. CWC does not guarantee that the service will be continuous or error-free. In addition, service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications and/or other service interruptions/outages, which may or may not be within our control or may be considered “acts of God”.

You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, home security systems set up to make automatic phone calls, medical monitoring equipment, fax machines, satellite television systems and computer modems. By accepting this Agreement, you waive any claim against CWC for interference or disruption of such services and equipment due to the services.

If you have subscribed to CWC’s Residential Services, the Service and any Device provided by CWC are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial, profit-making, non-profit, or governmental activities, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from CWC in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay CWC’S higher rates for commercial service on account of all periods, including past periods, in which you use or used the Service for non-residential, commercial or governmental purposes. CWC reserves the right to immediately terminate or modify the Service, if CWC determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.

If you have subscribed to CWC’S Business/Commercial service, the Service and any Device provided by CWC are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from CWC in advance. You agree that the CWC Business/Commercial plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. CWC reserves the right to immediately terminate or modify the Service, if CWC determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities.

You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when, in CWC’s sole judgment, the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. CWC reserves the right to terminate your service immediately and without advance notice if CWC, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at CWC’s discretion be immediately charged to your credit card or bill. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless CWC against any and all liability for any such use. If CWC, in its sole discretion believes that you have violated the above restrictions, CWC may forward the objectionable material, as well as your communications with CWC and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding. These requirements are in addition to any requirements or restrictions imposed by your broadband Internet service provider.

While the Service may be used within the United States to contact persons in other countries, CWC does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States, and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless CWC against any and all liability for any such use. Should the removal from the United States of the Device violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless CWC against any and all liability for such violation. CWC reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States.

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the internet and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet Service Provider (“ISP”) and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or CWC terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or an ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature if provided as part of the service. Should CWC suspend or terminate your Service, the Service will not function until such time as CWC restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on CWC’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of CWC are and shall remain the exclusive property of CWC and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that CWC will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
Tampering with the Service or Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from CWC which CWC may deny in each instance in its sole discretion. CWC reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You agree not to hack or disrupt the Service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

You agree to notify CWC immediately, in writing or by calling the CWC customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as CWC receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

The Device must be returned to CWC within five (5) days of the termination of Service and (i) the Device must be undamaged and in original condition, reasonable wear and tear excluded; (ii) all parts, accessories, documentation and packaging materials must be returned; and (iii) equipment must be returned with a valid return authorization number obtained from CWC customer service department. If any of these conditions are not met, you will be charged for unreturned equipment in the amount of $79.95. You are responsible for any and all costs and risks of return shipping of equipment.
Ownership and Risk of Loss
You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped until the time (if any) when it is returned by you pursuant to Section 13, and has been received by CWC.

You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by CWC. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal or State telecommunications regulatory agencies.
Number Transfer on Service Termination
Upon termination of the Service, if you wish to have CWC release a telephone number that was ported in for you from a previous service provider, CWC will make reasonable efforts to do so, provided that: (i) your new service provider is able to accept such number, (ii) you make the request before your account with CWC has been terminated; and (iii) your CWC account is completely current including payment for all charges.

You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues, non-payment or delinquency of your account or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 dialing.

YOU ACKNOWLEDGE AND UNDERSTAND THAT CWC WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING CWC OR TO ACCESS ANY EMERGENCY SERVICE PERSONNEL DUE TO THE CHARACTERISTICS AND LIMITATION OF CWC SERVICE SET FORTH IN THIS DOCUMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CWC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. YOU ACKNOWLEDGE THAT CWC DOES NOT OFFER LIFELINE SERVICE, AND THAT WE STRONGLY RECOMMEND THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE.

CWC may change the terms and conditions of this Agreement including the rates and charges for Service from time to time. Notices will be considered given and effective on the date posted on to the “Service Announcements” section of the CWC website (currently located at http://www.talkwithus.biz). Such changes will become binding on Customer, on the date posted to the CWC website and no further notice by CWC is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
In addition to the requirements set forth in Section 13, all returned Devices must be in the original packaging with the UPC and MAC bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from CWC’s customer service department. The User is responsible for the cost and risk of return shipping of equipment. THE MONEY BACK GUARANTEE WILL NOT BE HONORED IF USER FAILS TO MEET ALL SUCH REQUIREMENTS.

If you make use of CWC Toll Free feature or any toll free feature that may be offered by CWC in the future, you acknowledge and agree that CWC is entitled to recover from you any charges imposed on CWC by payphone owners or operators, either directly indirectly through CWC suppliers in connection with toll free calls made to your number, or any charges imposed on CWC by its suppliers to recover such costs. CWC may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as CWC deems appropriate for the recovery of these costs.

CWC will charge 99 cents for each call made to CWC directory assistance.

Neither CWC nor its stockholders, officers, directors employees, affiliates or agents, nor any other service provider who furnishes services to Customer in connection with this agreement shall be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: (a) act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure; (c) equipment, network or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of god; strikes; fire; lighting; flooding; natural disasters; power surges; war; riot; government actions; (e) equipment, network or facility shortage; (f) equipment or facility relocation; (g) service, equipment, network or facility failure caused by the loss of power to Customer; (h) outage of Customer’s ISP or broadband service provider; (i) act or omission of Customer or any person using the Service or Device provided to Customer; (j) any failure or defect in any Device supplied to Customer; or (k) any other cause that is beyond CWC control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.

CWC’S AGGREGATE LIABILITY FOR (A) ANY FAILURE OR MISTAKE; (B) ANY CLAIM WITH RESPECT TO CWC’S PERFORMANCE OR NONPERFORMANCE HEREUNDER OR (C) ANY CWC ACT OR OMISSION IN CONNECTION WITH THE SUBJECT MATTER HEREOF, SHALL IN NO EVENT EXCEED CREDIT FOR SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
IN NO EVENT SHALL CWC, ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OF OR DAMAGE TO CUSTOMER’S DATA, FILES, PROGRAMS OR INFORMATION, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT CWC WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, any Device supplied by CWC or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Any dispute or claim between Customer and CWC arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Madison, Wisconsin and shall be conducted in English. The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

CWC MAKES NO WARRANTIES AS TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FINESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMACE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, CWC DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CWC OR CWC AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

If Customer received the Device new from CWC and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer’s Device did not include a limited warranty from CWC at the time of receipt, Customer agrees that it accepts its Device “AS IS” and that Customer is not entitled to replacement or refund in the event of any defect. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE, CWC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHATABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

You are liable for any and all claims that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or any other user’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. CWC reserves the right to terminate or suspend affected Services, and/or remove your or any other users’ content from the Services if CWC determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with CWC’s ability to provide Services to you or others, or if CWC receives notice from anyone that your or any other users’ use of content may violate any laws or regulations. CWC’s actions or inaction under this Section shall not constitute review or approval of your or any other users’ use or content. You will indemnify and hold CWC against any and all liability arising from the content transmitted by or to you or to any other users using the Services. A “User” means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

The Agreement and the relationship between you and CWC shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 32, you and CWC agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Wisconsin, and waive any objection as to venue or inconvenient forum.

The failure of CWC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

This Agreement and the rates and terms for Services found on CWC or Solarus website constitute the entire agreement between you and CWC and govern your use of the Service, superseding any prior agreements between you and CWC and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon CWC.

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

CWC Service utilizes, in whole or in part, the public internet and third party networks to transmit voice and other communications. CWC is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you at www.solarus.net for additional information.

EMERGENCY SERVICES – 911 DIALING PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF CWC 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of 911 Emergency Dialing. We recommend that you maintain an alternative means of accessing emergency services in the event of Service disruption for any reason.

911 Emergency Dialing is available as an optional service in select areas. To activate this service, you must register the physical location of your Device with CWC, and that location must be within the geographic serving area of a Public Safety Answering Point (“PSAP”) to which CWC has enabled for this service. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing will not function until you receive notification from CWC, via electronic mail, website notation or some other means, that 911 Emergency Dialing has been successfully enabled for your service, and you acknowledge and agree to this requirement.

You must provide the correct Service Address during the registration process, which will be utilized by CWC in the establishment and operation of 911 Emergency Dialing. Failure to provide the correct and proper address location may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach and render emergency service. You acknowledge that 911 dialing will not function properly if you move your Device to another service address, either temporarily or permanently, unless the new address has been properly recorded and in an area for which CWC provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the CWC website.

In select areas, CWC may not support 911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a 911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using CWC may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.

In select area, CWC provides Enhanced/E911 capabilities, if you have activated and properly configured 911 Emergency Dialing. When the caller dials 911 on a CWC enabled phone with E911 service, CWC will utilize the location information you provided at the time of activation, or as subsequently and properly updated, validated and acknowledged by CWC. This location information will be automatically delivered to the PSAP with the 911 call. If the location information you provided is incorrect, the call may be misdirected to a PSAP that does not serve your location, and may be unable to render sufficient emergency service. You are totally responsible for maintaining accurate physical location information on your CWC account. If you move your CWC equipment to another location, you must update your service address in accordance with the instructions on the CWC website.

911 Emergency Dialing will not function if the Device is not configured correctly or if your CWC Service is not functioning for any reason, including, but not limited to, in the event of a power outage, High Speed/broadband service outage, customer owned or leased equipment failure or degradation of such equipment or any suspension or disconnection of CWC Service. For technical reasons associated with the possibility of network congestion in the event of a local disaster, there is a greater possibility that a CWC call will produce a busy signal, fail to be completed, or experience longer connection times, as compared to traditional 911 calls.

You understand and acknowledge that CWC 911 Emergency Dialing has certain characteristics that distinguish it from conventional 911 Service. These characteristics may make CWC unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate CWC service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.

You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues, non-payment or delinquency of your account or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 dialing.
Indemnification
YOU ACKNOWLEDGE AND UNDERSTAND THAT CWC WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING CWC OR TO ACCESS ANY EMERGENCY SERVICE PERSONNEL DUE TO THE CHARACTERISTICS AND LIMITATION OF CWC SERVICE SET FORTH IN THIS DOCUMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CWC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. YOU ACKNOWLEDGE THAT CWC MAY NOT OFFER LIFELINE SERVICE, AND THAT WE STRONGLY RECOMMEND THAT YOU ALWAYS HAVE AN ALTENATIVE MEANS OF ACCESSING EMERGENCY SERVICE.

This Agreement shall automatically terminate in the event that the Customer becomes subject to voluntary or involuntary bankruptcy, insolvency, reorganization, or liquidation proceedings; makes an assignment for the benefit of creditors; or admits in writing its inability to pay debts when due. Solarus may terminate this Agreement by sending notice of termination in writing if the Customer fails to remedy any breach of the terms and conditions herein within ten (10) days after written notice of the alleged breach. In the event of a termination under this paragraph 5, the Customer agrees to pay Solarus the Termination Charge described in paragraph 6 of this Agreement.

PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF CWC, LLC 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS.

You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of 911 Emergency Dialing. We recommend that you maintain an alternative means of accessing emergency services in the event of Service disruption for any reason.

911 Emergency Dialing is an included feature of service. To activate this service, you must register the physical location of your Device with CWC, LLC as explained below, and that location must be within the geographic serving area of an emergency call center known as a Public Safety Answering Point (‘PSAP’) to which CWC, LLC is enabled for this service. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing will not function until you receive notification from CWC, LLC , via electronic mail, website notation or some other means, that 911 Emergency Dialing has been successfully enabled for your service, and you acknowledge and agree to this requirement.
Service Address.

You must provide the correct Service Address during the registration process, which will be utilized by CWC, LLC in the establishment and operation of 911 Emergency Dialing. Failure to provide the correct and proper address location may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach and render emergency service. You acknowledge that 911 dialing will not function properly if you move your Device to another service address, either temporarily or permanently, unless the new address has been properly recorded and in an area for which CWC, LLC provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the CWC, LLC website.
Basic/Traditional 911 Service.

In select areas, CWC, LLC may not support the ability for your physical location information to be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a 911 emergency call may not be able to capture and/or retain automatic number or location information. This means that he dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using CWC, LLC may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.

In select areas, CWC, LLC provides Enhanced 911 (E911) capabilities, if you have activated and properly configured 911 Emergency Dialing and received confirmation from CWC, LLC that E911 has been activated. When the caller dials 911 on a CWC, LLC enabled phone with E911 service, CWC, LLC will utilize the location information you provided at the time of activation, or as subsequently and properly updated, validated and acknowledged by CWC, LLC . This location information will be automatically delivered to the PSAP with the 911 call. If the location information you provided is incorrect, the call may be misdirected to a PSAP that does not serve your location, and may be unable to render sufficient emergency service. You are totally responsible for maintaining accurate physical location information on your CWC, LLC account. If you move your CWC, LLC equipment to another location, you must update your service address in accordance with the instructions on the CWC, LLC website.

911 and E911 Emergency Dialing will not function if the Device is not configured correctly or if your CWC, LLC Service is not functioning for any reason, including, but not limited to, in the event of a power outage, High Speed/broadband service outage, customer owned or leased equipment failure or degradation of such equipment or any suspension or disconnection of CWC, LLC Service. For technical reasons associated with the possibility of network congestion in the event of a local disaster, there is a greater possibility that a CWC, LLC call will produce a busy signal, fail to be completed, or experience longer connection times, as compared to traditional 911 calls.

You understand and acknowledge that CWC, LLC 911 Emergency Dialing has certain characteristics that distinguish it from conventional 911 Service. These characteristics may make CWC, LLC unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate CWC, LLC service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.

You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues, non-payment or delinquency of your account or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 dialing.

The Public Service Commission of Wisconsin has designated Solarus the “Eligible Telecommunications Carrier” of the Wood Co. Telephone Co exchange for universal service purposes. The goal of universal service is to provide all citizens access to essential telecommunications services. Eligible services include telephone and internet service. Solarus provides single party residence (with unlimited local usage) and business service for rates which range from $22.68 for residential customers and $27.55 for business customers. This includes access to*:

• Long Distance carriers
• Emergency services
• Operator services
• Directory assistance
• Telecom Relay services
• Other Services Designed to Persons with Disabilities
• Toll Blocking
• Voice Mail
• Caller ID and Name

In addition, Solarus provides one copy of its annual Local Directory without charge to its customers. Solarus offers the Lifeline program to qualifying customers. Lifeline makes telephone or internet service more affordable by reducing the basic monthly charge for income-eligible households. This means you may receive a monthly discount for your basic phone or internet charges. You may qualify if you are a low income customer, or receive support under a number of state or federal programs. Please call 715-421-8111 for additional information on these programs. *Use of some of these services may result in added charges.

*Use of some of these services may result in added charges The Public Service Commission of Wisconsin has designated Solarus the “Eligible Telecommunications Carrier” of the Manawa Telephone Co exchange for universal service purposes. The goal of universal service is to provide all citizens access to essential telecommunications services. Eligible services include telephone and internet service. Solarus provides single party residence rates from $30.00 for residential customers and $42.16 for business customers. This includes access to:

• Emergency services
• Operator services
• Directory assistance
• Telecom Relay services
• Other Services Designed to Persons with Disabilities
• Toll Blocking
• Voice Mail
• Caller ID and Name

Solarus provides rates starting at $38.29 for business customers. In addition, Solarus provides one copy of its annual Local Directory without charge to its customers. Solarus offers the Lifeline program to qualifying customers. Lifeline makes telephone or internet service more affordable by reducing the basic monthly charge for income-eligible households. This means you may receive a monthly discount for your basic phone or internet charges. You may qualify if you are a low income customer, or receive support under a number of state or federal programs. Please call 920-596-2535 for additional information on these programs.