BuildTheNetwork.com Customer Agreement

Please carefully read this agreement, including the membership benefits you have chosen, before filing it in a safe place.

This agreement covers important topics such as when it begins, how long it lasts, fees for early termination and late payments, our rights to change this agreement and your membership benefits, limitations of liability, use of information about you, and settlement of disputes by arbitration instead of in court. If you accept this agreement, it will apply to all your services from us, including all accounts in service from us and all your existing accounts with BuildTheNetwork.com. Its provisions also apply to any other transactions or agreements between us. To the extent their terms and conditions conflict with this agreement, this agreement will govern.

YOUR MEMBERSHIP BENEFITS BECOME PART OF THIS AGREEMENT. The prices you pay, including activation fees, monthly access fees, all benefits included with paid or free service, may depend in part on how long - the minimum term - you are agreeing in advance to do business with us. Your Membership Benefits describe these prices and your minimum term.

THIS AGREEMENT STARTS WHEN YOU ACCEPT. Paragraphs marked "∞" continue after it ends. You accept when you do any of the following things after an opportunity to review this agreement:
Give us a written or electronic signature;
Tell us orally or electronically that you accept;
Activate your service through your wireless phone or PDA;
Open a package that says you are accepting by opening it; or
Use your service after making any change or addition when we have told you that the change or addition requires acceptance.
IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS LISTED ABOVE.

∞ Except as explicitly permitted by this agreement, you are agreeing to maintain service with us for your minimum term plus any additional time required by any promotions you accept. (Periods of suspension of service do not count toward these requirements.) IF YOU CHOOSE TO END YOUR SERVICE BEFORE YOUR MINIMUM TERM (OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE), YOU WILL BE REQUIRED TO PAY THE FULL AGREEMENT AMOUNT REMAINIG IN YOUR SIGN-UP AGREEMENT. If at any time you change your service (by accepting a promotion, for example), you will be subject to any requirements, such as a new minimum term, we set for that change. If you terminate your service as of the end of your minimum term, you will not be responsible for any remaining part of your monthly billing cycle. Otherwise, all terminations by you during a monthly billing cycle become effective on the last day of that billing cycle. You willl remain responsible for all fees and charges incurred until then and will not be entitled to any partial month credits or refunds.

Your service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN ALSO CHANGE PRICES AND ANY OTHER TERMS IN THIS AGREEMENT AT ANY TIME BY GIVING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU ARE ACCEPTING THE CHANGES.

Your BuildTheNetwork.com account is only accessible via an Internet connection, so we cannot provide service when you do not have access to this connection or there is a fault with the Internet connection you use for your electronic device. There are places, particularly in remote areas, when Internet service is not available. Weather, topography, buildings, your electronic device used to connect to the internet, and other conditions we do not control may also cause problems connecting to your account or other problems with the services we offer as part of your agreement.

∞ You agree to pay all access, usage, and other charges and surcharges we bill you, even if you were not the user of your BuildTheNetwork.com account and did not authorize its use. You may have to pay a fee to begin service or reconnect suspended service. Usage charges may vary depending on where, when, you sign up for service.

You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items. If you are exempt from some taxes, we need your exemption certificates. You agree to pay for any filings we make related to your exemptions.

∞ Your bill is our notice to you of your fees and charges and other important information. You should read everything you receive with your bill. We bill applicable usage charges after services are activated or received. We bill some service fees and other charges in advance under some membership plans. We may charge a fee for a bill copy or reprint.

Your bill reflects the fees and charges in effect under your membership agreement at the time they are incurred. You can dispute your bill, but only within 90 days of receiving it. You must still pay any disputed charges until the dispute is resolved. Service time starts on the acceptance of the terms and conditions agreement and the authorization of your first payment to BuildTheNetwork.com. If you have signed-up for month-to-month service with BuildTheNetwork.com will continue to charge your account each month until we receive written notification that you wish to terminate your agreement.

If service is interrupted for more than 24 hours in a row due to our fault, call us within 90 days and we will give you a pro rata daily credit, up to your monthly access charge, for that period. These are your only rights for interrupted service.

∞ Payment is due in full as stated on your bill. IF WE DO NOT RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY LAW, CHARGE A LATE FEE OF UP TO 1 1/2 PERCENT A MONTH (18 PERCENT ANNUALLY), OR A FLAT $5 A MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES. WE MAY ALSO CHARGE FOR ANY COLLECTION AGENCY FEES BILLED TO US FOR TRYING TO COLLECT FROM YOU. We may require an advance deposit (or an increased deposit) from you. We will pay simple interest on any deposit at the rate the law requires. Please retain your evidence of deposit. You agree that we can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. You cannot use a deposit to pay any bill unless we agree. We will not honor limiting notations you make on or with your checks. We may charge you up to $25 for any returned check, depending on applicable law. We refund final credit balances of less than one dollar only upon request.

You agree not to use (or to permit your BuildTheNetwork.com account to be used) for any purpose that is illegal or not allowed by this agreement. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, including, but not limited to: (a) paying late more than once in any 12 months; (b) incurring charges larger than a required deposit or billing limit (even if we have not yet billed the charges); (c) verbally or physically abusing our employees or agents; (d) lying to us; (e) interfering with network, customer service, or business operations; (f) becoming insolvent or going bankrupt; (g) breaching this agreement; (h) "spamming," "mail bombing," or other abusive messaging; (i) providing credit information we cannot verify; (j) using your service in a way that adversely affects service to other customers; or (k) allowing anyone to tamper with your BuildTheNetwork.com account. We can also temporarily limit your service for any business or governmental reason.

∞ Except as follows, we will not share personal information about you with others without your permission. We have a duty under federal law to protect the confidentiality of information about the quantity, technical configuration, type, destination, and amount of your use of our service, together with similar information on your bills. (This does not include your name, and address.) We can, however, share and use this information as required by law, by legal process, by exigent circumstances, or to protect ourselves. We can also use this information to communicate with you about goods and services related to the products and services you already buy from us, and we can share it with our affiliates when related to goods and services you already buy from both us and our affiliates. You can call us any time if you do not wish us to use this information to communicate about such other goods and services with you or you do not wish us to share this information with our affiliates. In addition, you have authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies. If you ask, we will tell you the name and address of any credit agency that gives us a credit report about you.

∞ WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY FEDERAL, STATE, AND LOCAL LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR BUILDTHENETWORK.COM ACCOUNT. WE CANOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOES NOT DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.

∞ UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL CLAIM OR SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. You agree we are not liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other things we do not control; or by any act of God. If another service provider is involved in any problem (for example your internet provider), you also agree to any limitations of liability in its favor that it imposes.

∞ You represent that you are at least 18 years old and have the legal capacity to accept this agreement. If you are ordering for a company, you are representing that you are authorized to bind it, and where the context requires, "you" means the company.

∞ A waiver of any part of this agreement in one instance will not be a waiver of any other part or any other instance. You cannot assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement without notice, and you agree to make all subsequent payments as instructed. NOTICES ARE CONSIDERED DELIVERED 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICE ADDRESS ON YOUR MOST RECENT BILL, IF BY YOU. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You cannot rely on any other documents or statements on those subjects, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. It is governed by the laws of the state in which you reside. It is also subject to any applicable tariffs.