Acceptable Use Policy

1. ACCEPTANCE. SouthEast Telephone, Inc. ("SouthEast") makes available a variety of products and services through the SouthEast Network ("Products and Services"), subject to this Agreement . This Agreement is entered into between the Customer ("You") whose signature appears in the Agreement and SouthEast, subject to acceptance by SouthEast through activation of the services. You agree to be bound and comply with the terms and conditions of this Agreement, and those general terms and conditions located on our Acceptable Use Policy located at the URL: http://www.southeasttelephone.com/acceptable_use.php. You acknowledge reading and agree to all the terms and conditions of this Agreement and as set out on our Acceptable Use Policy which terms and conditions are a part of and are hereby incorporated into this Agreement by reference. You further authorize any consumer reporting or credit agencies to furnish SouthEast with your credit records or history. Prior to acceptance, SouthEast may reject any request for Products and Services for any reason, including lack of credit approval. Use of the Products and Services is subject to compliance with the terms and conditions of this Agreement. You represent and warrant that your information is true, accurate, correct and complete, and that You will maintain and properly update that information to keep the same true, accurate, correct, and complete.

2. TERM. The term of the Agreement for Products and Services shall begin on the date of activation for Products and Services and shall continue for the number of months stated in the Agreement, and then shall continue month to month until terminated in a manner as provided below.

3. RATES. The rates for Products and Services are specified above, and You agree to pay all charges for Products and Services billed in accordance with this Agreement. SouthEast may increase or decrease the prices for Products and Services, and the amended prices shall automatically become part of this Agreement. You agree to pay a penalty equal to the difference between the monthly and term rates for the number of months of actual usage under a term agreement if said term agreement is terminated before the term expires. SouthEast reserves the right to revise, in its sole discretion, the rates, terms and conditions of its agreement with You.

4. PRODUCTS AND SERVICES. SouthEast shall provide and You shall accept Products and Services purchased this Agreement for any lawful purpose, subject to the terms and conditions specified in the agreement. You will not use its Products and Services for any unlawful or abusive purpose or in such a way as to create damage or risk to SouthEast's business reputation, employees, facilities, or to third parties or the public generally. If your use of its Products and Services adversely affects the Products and Services provided to other Customers, SouthEast reserves the right to terminate Products and Services without notice.

5. ADDITIONAL PRODUCTS AND SERVICES. It is likely that You will from time to time subscribe to additional Products and Services. All additional Products and Services activated at your request shall be subject to these same terms and conditions.

6. AVAILABILITY. Service may be temporarily refused, limited, interrupted or curtailed due to government regulations/orders, system capacity limitations, limitations imposed by an underlying carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary for proper operation or improvement of Service. Certain Products and Services may be provided by other carriers and subject to their regulations and charges.

7. BILLING AND PAYMENTS. Payment is due to SouthEast upon receipt of invoice by You. You shall be responsible for payment of all charges for Products and Services furnished by SouthEast, including applicable taxes for Products and Services furnished. Payments received after the due date of an invoice may incur a late payment charge of five dollars or 1.25% per month of the unpaid balance for each month or fraction thereof that such balance shall remain unpaid. SouthEast may, to the extent permitted by law, charge You a return check fee of $25.00 for a check returned for any reason. SouthEast may, at its sole discretion and in order to safeguard its interest, require You to make suitable deposit(s) to be held by SouthEast as a guarantee of the payment charges. SouthEast has the right to apply all or part of the deposit toward any amount due and owing from You. At the one year anniversary date, your account will be evaluated for current payment history and SouthEast may return the deposit to You. If SouthEast determines that a deposit is no longer necessary, of if this agreement is terminated, SouthEast will refund the deposit by applying it against any charges due and owing. Any remaining credit balance will be returned by check.

8. TERMINATION. You may terminate this Agreement and Products and Services upon thirty (30) days notice. If You fail to pay any sum under this Agreement when due, breach any representations herein, fail to perform any obligations in the time and manner specified, or fail to maintain any Equipment without damage or interference to SouthEast's business or facilities, SouthEast shall have the right to discontinue the Products and Services at any time without notice and/or terminate this Agreement. Upon termination of this Agreement for any reason, You are and will remain, liable for the payment of all charges due. Further, You may be subject to reactivation charges if Products and Services are subsequently reinstalled.

9. OWNERSHIP. Rented Equipment shall remain the property of SouthEast and You have no rights, title or interest in the Rented Equipment except as expressly provided in this Agreement.

10. MEMBER CONDUCT. Upon registering, You will receive a password and SouthEast Telephone ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You acknowledge and agree that all information, code data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether in its original form publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not SouthEast, are entirely responsible for all Content that You upload, post, email or otherwise transmit via the Products and Services. Under no circumstances will SouthEast be liable in any way for any user or third party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the products and Products and Services.

11. PROHIBITED CONDUCT. You agree that You will not use SouthEast Products or Services in any way which may be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or public rights, hateful, or racially, sexually, ethnically or otherwise objectionable, all determined by the sole discretion of SouthEast Telephone, Inc. Nor will You unload, post, email, otherwise transmit or post links to any material that contains software viruses or other devices designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. You acknowledge and agree that SouthEast and its designee shall have the right (but not the obligation) in their sole discretion, to refuse to publish, remove, or block access to any content that is available via the products and services. Without limitation, SouthEast and its designee shall have the right to remove any content that violates the terms and conditions of this Agreement or is otherwise objectionable. SouthEast also may terminate access to or membership in the SouthEast Network or any portion thereof for violating these terms and conditions.

12. RESPONSIBILITY FOR MINORS In cases where You have authorized a minor to use the Products and Services, You recognize that You are fully responsible for :(i) the online conduct of such minor; (ii) controlling the minors access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE WORLD WIDE WEBB MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

13. LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT. By submitting a web page to South East, or any other web page hosting service on the SouthEast Network, You grant SouthEast a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the users web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the SouthEast Network. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the users membership with SouthEast. In the event that such membership is terminated, SouthEast will relinquish all rights to the users Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated. You acknowledge and agree that SouthEast runs advertisements on the web pages of its users and grant SouthEast the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising is subject to change. With respect to any other Content posted by or in connection with the Products and Services, You grant SouthEast a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such content elsewhere within the SouthEast Network. Such license shall apply with respect to any form, media, or technology now known or later developed.

14 ADVERTISERS AND CONTENT LINK TO SOUTHEAST NETWORK. SouthEast may provide, or third parties may provide, links to other sites or resources located on the World Wide Web. SouthEast has no control over such sites and resources. You acknowledge and agree that SouthEast is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SouthEast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

15. NO LICENSE; INTELLECTUAL PROPERTY: Except as expressly provided, nothing within any of the Products or Services shall be construed as conferring any license under any of SouthEast's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Except as expressly provided to the contrary, You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by SouthEast in connection with its Products and Services. Further, You agree not to misuse or misrepresent your relationship with SouthEast Network or to use that relationship in an improper manner.

16. DISCLAIMER OF WARRANTIES THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUTHEAST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BYLAW, SOUTHEAST DISCLAIMS ANY WARRANTIES FOR OTHER PRODUCTS AND SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED OR OBTAINED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to You as they-relate to implied warranties.

17. INDEMNITY AND RELEASE. By using SouthEast's web sites, You agree to indemnify SouthEast and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of SouthEast's web sites, your use of the Products and Services, or your submission of ideas and/or related materials to SouthEast or from any person's use of any account or password You maintain with any portion of SouthEast's Network, regardless of whether such use is authorized by You. By using SouthEast's Network, using the Products and Services, or submitting any ideas and/or related materials to SouthEast, You are hereby agreeing to release SouthEast and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to SouthEast. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOUTHEAST DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. SOUTHEAST DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SOUTHEAST BE LIABLE TO ANY USER ON ACCOUNT OF THAT USERS USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SOUTHEAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS AND SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SOUTHEAST NETWORK SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGH OUT THE SOUTHEAST NETWORK. SOUTHEASTS ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE MEMBERS MOST RECENT MEMBERSHIP FEE PAYMENT. FOR ALL CLAIMS RELATING TO PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS FOR FAILURE OF THE SYSTEM TO OPERATE, IN NO EVENT SHALL THE LIABILITY OF SOUTHEAST, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEE, IF ANY PAID BY THE USER FOR THE SYSTEM. UNDER NO CIRCUMSTANCES SHALL SOUTHEAST BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to You.

19. TIME LIMITS. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, or relating to, your use of SouthEast Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

20. DEFAULT. If You default on any of the terms of this Agreement, SouthEast may interrupt service or terminate this Agreement after reasonable notice to You. Upon termination, You shall return all rented Equipment to SouthEast. Termination by SouthEast does not relieve You of any obligations under this Agreement if You fail to return the rented Equipment or pay all Monthly Charges. You agree to pay all costs incurred by SouthEast in the repossession of all rented Equipment or in the collection of unpaid Monthly Charges, including but not limited to court costs and attorney fees.

21. ARBITRATION AND GOVERNING LAW. Any controversy or claim arising out of and relating to these terms and conditions or any user's use of the products and services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the America Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Pikeville, Kentucky, and judgment of the arbitration award may be entered into any state or federal court in Kentucky having jurisdiction thereof.

22. ASSIGNMENT. You may not transfer or assign this Agreement without the prior written consent of SouthEast.

23. CHANGES. SouthEast reserves the right to modify the products and services from time to time for any reason and without notice, including the right to terminate the products and services. SouthEast further reserves the right to modify these terms and conditions from time to time without notice. You will be apprized of any changes.

24. MERGER. These terms and conditions constitute the entire Agreement between the parties with respect to the subject matter contained herein and supercedes any other agreement, proposals, and communications, written or oral, between SouthEast's representations and You with respect to the subject matter hereof.

25. SEVERABILITY AND NONWAIVER: SouthEast's failure to exercise any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these terms and conditions to be invalid, the parties nevertheless agree that the court shall endeavor to give affect to the parties intentions, as reflected in the provision and agree that the other provisions of these terms and conditions remain in full force and effect.

26. TERMINATION, SURVIVAL: These terms and conditions shall continue in effect so long as You use the Products and Services unless specifically terminated earlier by either party. All provisions of these terms and conditions which impose obligations continuing in their nature shall survive the termination of this Agreement.