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Standard Acceptable Use Policy

Introduction

This Acceptable Use Policy sets forth the guidelines for acceptable use of all products and services offered by Comtel Telcom Assets, LP, d/b/a Excel Telecommunications, VarTec Telecom, and Clear Choice Communications (the "Company"), in particular, our Internet Access services and Network IP products, including VOIP (collectively referred to herein as "IP-related Services").

The Company seeks to promote a high level of responsible behavior in connection with the use of the Internet and all the Company's communications products and services. All users are required to comply with all terms and conditions of this Acceptable Use Policy, along with any applicable agreements, as well as any applicable tariffs. Each user is strictly responsible for its compliance with, and its customers' compliance with, this Acceptable Use Policy, as well as the policies of any other networks accessed by the user.

Disclaimers and Indemnification

Subject to the other provisions of this Acceptable Use Policy, the Company provides an unfiltered connection to the Internet via its IP-related Services. The Company is not responsible for any materials accessible on or through the Company's products or services. No data, documents, materials, or information that enters the Network is reviewed before being transmitted to users. Accordingly, the Company neither controls nor accepts responsibility for the content of any, but not limited to, communications that are transmitted or made available to users, regardless of whether they originated from users of our IP-related Services. Users are solely and fully responsible for their content.

In addition, the Company expressly disclaims any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the use of our IP-related Services. ALL MATERIAL AND INFORMATION OBTAINED BY ANY USER THROUGH OUR INTERNET ACCESS IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY RELATED TO PRIVACY, SECURITY OR INTERGRITY OF ANY DATA USER TRANSMITED OVER THE INTERNET. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABLITY TO USE THE COMPANY'S INTERENT ACCESS, OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OR RIGHTS OF LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, OR TO PROVIDE ANY INDEMNIFICATION OR ANY OTHER REMEMDY TO ANY USER OF THE COMPANY'S INTERNET ACCESS. USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR IP-RELATED SERVICES. This limitation will not apply to claims relating to death or personal injury, which arises out of products deemed to be consumer goods under applicable law. To the extent that the jurisdiction to which any user is subject does not allow any part of such limitation, such part does not apply. The Company does not warrant that our IP-related Services will meet any user's requirements, or that it will operate in combination with any software and/or services, which any user may select to use, that the operation of our Internet Access service will be uninterrupted or error free, that any errors will be corrected and/or that our IP-related Services will meet any particular criteria of performance or quality.

You agree to indemnify, defend and hold harmless the Company, its partners, agents, independent representatives and employees from and against any damages, judgments, expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, from your account, infringes trademark, service mark, trade secret, trade dress, copyright, patent, right of privacy, right of publicity, moral rights or other intellectual property rights and from any other damages, claims or suits or actions which may arise, now or in the future, as a result of your use of our IP-related Services. This indemnification shall survive any termination of use of our IP-related Services.

IP Numbers and Domain Names

Users may only use: (i) IP numbers assigned by the Company for applicable products and services and (ii) domain names for which they have registered and must keep current information on file with the registrar.

Customer Security Measures

Any and all users of our IP-related Services are responsible for their own security measures and for configuring their own IT systems to provide the maximum accountability possible. Users are also solely responsible for ensuring the confidentiality of account information, data and password access. At any time if an end user finds that the end user's security has been breached, the end user is responsible for reporting the violation and handling the repair to stop the violation.

Security

Any and all users of our IP-related Services are individually responsible for immediately notifying the Company should the user become aware of any situation that may in way affect our products and services and/or our Network or systems. A server that is compromised has the potential to be disruptive to our Network and other users. For that reason, the Company reserves the right to take your server offline without your consent if it is accessed or manipulated by a third party. The Company does not represent or warrant to anyone any obligation regarding monitoring or policing of activities which may occur while customers use our products and services, nor does the Company have any liability to any party, including our customers or their customers, regarding any violation of this Acceptable Use Policy.

Filters

The Company reserves the right to use any appropriate and necessary devices to ensure compliance with the Acceptable Use Policy including but not limited to installation of any equipment and or systems that will allow the Company to filter and/or terminate service to our IP-related Services.

Prohibited Use

You agree to comply with all applicable local, state and federal laws and regulations regarding use of all products and services provided by the Company. The following is an outline of some of the prohibited uses of our services. The examples of prohibited use set forth below and throughout this Acceptable Use Policy are non-exclusive, and are provided as guidelines to customers and other users of our products and services.

Our products and services may only be use for lawful purposes. The transmission, distribution, or storage of any information, data, or material in violation of any applicable law or regulation is prohibited. Without limitation of the foregoing, it is strictly prohibited to create, transmit, distribute, upload or post and/or store any information, data, or material which in our sole discretion:

The following general actions are considered "abuse" and are violations of this Acceptable Use Policy and are strictly prohibited. The following outline is not considered exclusive and is only to be used as a general guideline. Our services and products shall not be used:

If the Company determines, in our sole discretion, that any other abuse, or inappropriate or illegal activity is occurring, the Company reserves the right to suspend or terminate access or use of our products and services for or exercise other rights and remedies set forth in this Acceptable Use Policy.

Suspension or Termination

In the event that any user of Company products or services engages in any conduct that in any way violates this Acceptable Use Policy, or is in any way illegal or improper, the Company reserves the right to suspend and/or terminate the service or the users access to the Company products and services. In the event of any suspension, termination or adverse action by the Company, the user remains responsible for timely remittance of all charges and fees for the remainder of the contract term.

The Company will under normal circumstances and conditions attempt to contact and notify you in the event that we become aware of activity that violates this Acceptable Use Policy to request that the customer cease and desist in any activities in violation of this Acceptable Use Policy. However, you are advised that in the event of a threat to the operations to the Company or in the event that the Company becomes aware of activities that are (or are suspected to be) improper or illegal, or where the operation of our network is threatened, the Company reserves the right to immediately suspend and/or terminate the product and/or service without notification. The Company also reserves the right to take appropriate actions against any user who violates the terms and conditions of this Acceptable Use Policy or who have Company-assigned IP numbers listed on abuse data sites such as NJABL and Spews. Customers waive the right to any credit under a service level agreement when the interruption is due to an Acceptable Use Policy violation.

Charges

The Company reserves the right to directly charge any user for its hourly costs associated with any users breach of this Acceptable Use Policy and corresponding materials or equipment needed to address the breach, including investigation or remedy of the breach, allegations by third parties, or subpoenas or requests for information.

Investigations and Cooperation with Law Enforcement

Each user is responsible for providing reasonable assistance to the Company in investigating and resolving issues, problems, and/or complaints arising out of the services provided to such user. In the event of suspected, alleged, or actual illegal activity or other inappropriate activity, the Company will notify and/or cooperate with applicable law enforcement authorities for potential civil, criminal investigation, prosecution or lawsuit. In the event the Company receives a formal or informal request for assistance from a law enforcement authority in respect of suspected, alleged or actual illegal conduct, the Company reserves the right to notify or to cooperate with law enforcement authorities in accordance with state and federal law. Customer will have no cause of action whatsoever for any such notification of, or cooperation with, law enforcement authorities.

Policy Modifications

The Company reserves the right to modify, alter or otherwise update this Acceptable Use Policy, including imposing additional reasonable restrictions on use, from time to time without notice, and such modifications will be effective immediately upon posting on the website. In addition, you agree to review this Acceptable Use Policy periodically to be aware of such modifications and your continued access or use of our products and services will be deemed your conclusive acceptance of the modified Acceptable Use Policy.

Copyrighted Works

Our service and/or equipment may not be used, in any manner or means, to violate protected works of copyright holders. The Company reserves the right to terminate the service of copyright infringers.

Any complaint regarding alleged copyright infringement by someone should be sent to:

John Jenkins
Comtel Telcom Assets LP (d/b/a Excel Telecommunications, VarTec Telecom, VarTec Solutions, Clear Choice Communications and eMeritus Communications)
433 East Las Colinas Blvd., Suite 1300
Irving, Texas 75039
(972) 910-1900 Phone

To be effective, a notification of claim of copyright infringement must be provided in writing and must include the following information: