Residential Services Subscriber Agreement

Thank you for choosing Archtop Fiber LLC (“Archtop”). This Services Agreement (“Agreement”) sets forth important terms and conditions that apply to all Services that Archtop provides to you, including mandatory arbitration of disputes between us instead of class actions or jury trials as explained in Section 2. Services include Internet, Voice over Internet Protocol (“VoIP”) telephone, and any other product or service (together, the “Services,” and individually, a “Service”) we may provide to you.

By activating, using, or paying for any of Service, you are accepting and agree to be bound by this Agreement. If you do not agree, please contact Archtop immediately to cancel your order or Service and return any products.

You must be eighteen years old to enter into this Agreement. You are legally and financially responsible for all of your acts and omissions while using or accessing the Services, including the actions of anyone using your Account. You affirm that you have reached the legal age of majority, understand and accept this Agreement.

This Agreement incorporates Archtop’s Privacy Policy, Acceptable Use Policy, and Copyright Policy (each posted on our website and subject to change in Archtop’s sole discretion with any change effective immediately upon posting), and any other documents specifically referenced in the applicable Service-specific Additional Terms. You acknowledge that you have read, understand, and agree to these other documents and will periodically review our website to assure familiarity with the most recent versions of applicable policies. In the event of a conflict between the General Terms and Conditions and the applicable Additional Terms, the Additional Terms shall control.

This Agreement contains important information about:

• Archtop Services provided to you;
• Any equipment for which we provide Service or which we provide to you to be used with our Service, such as an Optical Network Terminal (ONT), router, network extender, wiring or other accessory (together, “Equipment”);
• Any charges, fees, taxed and other amounts we will bill you (“Charges”);
• Privacy information;
• Limitations of liability; and
• Complaints and dispute resolution by arbitration, and class action and jury trial waivers.

All Services are subject to the “General Terms and Conditions” section. Please view the “Additional Terms” contained below in this Agreement applicable to Internet Service and VoIP Service.

You may designate one or more authorized representatives to act on your behalf with respect to the matters described in this Agreement. Any communication made by your authorized representative to Archtop shall be deemed your communication to Archtop and shall bind you.

1. PLEASE READ THIS SECTION (“ARBITRATION PROCEDURE”) CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
2. If you have a Dispute, as defined below, with Archtop that cannot be resolved through informal means, you or Archtop may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Procedure rather than litigate the Dispute in court. Arbitration means that you will have a fair hearing before a neutral arbitrator instead of a court before a judge or jury. Proceedings in arbitration may also result in limited discovery. An arbitration award is subject to limited review by a court. By agreeing to this Arbitration Procedure, you may be waiving constitutional or statutory rights.
3. Agreement: This Arbitration Procedure establishes the conditions and the procedures related to a resolution through arbitration of any claim and/or dispute, as defined below that can arise between you and Archtop. This means that if either party chooses arbitration, neither you nor we have the right to litigate and/or present legal action in first instance before any court. As part of the requirements established here, your capacity to participate in a class action is limited.
4. Right to Opt Out: YOU MAY OPT OUT OF THIS ARBITRATION PROVISION (EXCEPT FOR THE SUB-SECTION TITLED CLASS ACTION WAIVER AND OTHER RESTRICTIONS) BY NOTIFYING ARCHTOP OF YOUR INTENT WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT. YOU MAY OPT OUT THROUGH EITHER OF THE FOLLOWING OPTIONS (PLEASE INCLUDE YOUR NAME, ADDRESS, ACCOUNT NUMBER AND THE E-MAIL ADDRESS YOU USED TO REGISTER FOR YOUR ARCHTOP ACCOUNT): (1) SENDING A LETTER STATING YOUR INTENT TO REJECT THIS DISPUTE RESOLUTION PROVISION TO ARCHTOP AT ARCHTOP INTERNET, 104 WYOMING AVE., SCRANTON, PA 18503; OR (2) SENDING AN E-MAIL WITH YOUR INTENT TO REJECT THIS DISPUTE RESOLUTION PROVISION TO ARBITRATIONOPTOUT@ARCHTOPFIBER.COM. OPTING OUT WILL NOT AFFECT ANY OF THE OTHER TERMS OF THIS AGREEMENT WITH ARCHTOP AND YOU MAY REMAIN AN ARCHTOP CUSTOMER. IF YOU HAVE PREVIOUSLY OPTED OUT OF THIS ARBITRATION PROVISION, YOU WILL NOT BE REQUIRED TO DO SO AGAIN.
5. Class Action Waiver and Other Restrictions: The parties to any arbitration must be individually named. There shall be no right or authority for any claims to be arbitrated or litigated in a class action or consolidated or a purported representative capacity. The arbiter will only have the authority to resolve Disputes between you and Archtop.
6. Applicable Law: This Arbitration Procedure will be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16, as may be amended (“FAA”), and the corresponding and applicable regulation. This Arbitration Procedure will survive the cancelation of the Contract.
7. Definitions: As used in this procedure, the term “Dispute” means any dispute, claim or controversy – of any kind or nature, between you and Archtop that arises from or in relation with the Service(s) or the Archtop Service Agreement, including the validity, applicability or range of this Agreement and that of the class action waiver. “Dispute” also includes claims and/or disputes by or against a third party related to the Service(s) if the third party denominates itself as a co-party with you or us (or a claim with or against you or us). As used in this Arbitration Procedure, the terms “you” and “us” include also any parent, subsidiaries, affiliates, license holders, predecessors, successors, assignees, all agents, employees, directors and representatives of them and any third party that uses or gives any product, service or benefit. The term “Dispute” and/or “Claim” will have the broadest meaning possible that is feasible.
8. Arbitration Procedure: If you or Archtop choose to resolve your Dispute through arbitration, the party that initiates the arbitration will choose the following arbitration organization, which will apply the appropriate customer claim rules to arbitrate the Dispute:
   
   American Arbitration Association (“AAA”)
   335 Madison Ave., Floor 10
   New York, NY 10017-4605
   1(800)778-7879 www.adr.org

   The FAA and not state arbitration laws will govern arbitration procedures for all Disputes. The arbitration proceeding shall be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes that are in effect when the arbitration is initiated (collectively, “AAA Rules”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. However, applicable federal law or State of New York law will provide the substantive law governing any Dispute. Any State of New York arbitration law will not be applicable under this Arbitration clause. If there is a conflict between this Arbitration Procedure and AAA Rules, the rules included in this Agreement will apply. If there is a conflict between this Arbitration Procedure and other terms in the Contract, this Arbitration Procedure will apply.

   A single arbiter will resolve the Dispute. The arbiter will honor the privilege claims acknowledged by applicable law and will take reasonable steps to protect the customer’s account information and other proprietary or confidential information, including on the party’s request the use of protective orders to prohibit disclosure outside arbitration.

   The arbiter will make the award in writing but will not be required to provide a statement of the reasons unless you or Archtop request one, in which case the arbiter will provide a brief statement of the reasons for his award. If the arbiter makes an adjudication of over $5,000.00, any of the parties can appeal the decision before a panel of three arbiters run by the AAA. The three members of this panel will be chosen in accordance with AAA Rules. The party that wishes to appeal the first arbiter’s decision will have thirty (30) days from the date of entry of the final award to file a written notice of appeal. The AAA will then notify the other party that the initial adjudication has been appealed. A three-arbiter panel will issue its decision on the appeal within a period of one-hundred and twenty (120) days from the appeal notification date. The three-arbiter panel’s decision will be final and binding, except for any further appeal rights that exist under the FAA.

9. Arbitration Restrictions: ALL DISPUTES COVERED BY THIS ARBITRATION PROCEDURE MUST BE FILED AND SUBMITTED TO ARBITRATION NO LATER THAN ONE (1) YEAR AFTER THE AGGRIEVED PARTY BECAME AWARE OR SHOULD HAVE BECOME AWARE OF THE ACT OR OMISSION GIVING RISE TO THE DISPUTE. THE FAILURE TO SUBMIT A DISPUTE TO ARBITRATION WITHIN ONE (1) YEAR IS AN ABSOLUTE IMPEDIMENT TO THE INSTITUTION OF ARBITRATION OR ANY OTHER LEGAL PROCEEDING IN ANY FORUM BASED ON THAT DISPUTE. Under this section, a Dispute is deemed to have been submitted to arbitration on the date a formal written arbitration demand is presented at the FAA, and with a copy of the submitted demand to Archtop pursuant to the Notice provisions of this Agreement contained in Section 20 of this Agreement.
10. Arbitration Location, Fee Payment and Charges: The arbitration will take place at a location selected by Archtop. Subject to the availability of an arbitrator, Archtop will in good faith seek to select a location within a reasonable distance of your service location. Upon receipt of your written arbitration request, Archtop will pay the filing fee for the arbitration, and the arbiters’ costs and expenses. You will be responsible for any additional costs you may incur for the arbitration, including but not limited to attorney or expert fees. If one of the parties chooses to appeal the decision to a three-arbiter panel, the winning party in the appeal will have the right to recover all attorney fees and costs that were incurred in that appeal.
11. Severability: If any clause in this Arbitration Procedure is found to be illegal or unenforceable, that clause will be severed from this Arbitration Procedure, and the rest of this will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Arbitration Procedure will not be enforceable and the Dispute will be decided by a court. In the case that this entire Arbitration Procedure is found to be illegal or unenforceable, for any reason, or if a claim is brought in a Dispute that is found to be excluded from this Arbitration Procedure, YOU AND ARCHTOP AGREE TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO A JURY TRIAL AND CLASS ACTIONS.
12. Exclusions for Small Claims and Other Claims:
    1. You and Archtop agree that any claim filed by you or by Archtop that is not aggregated with the claim of any other subscriber, and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicating small claims, will not be subject to arbitration.
    2. Claims where the amount in dispute is valued at less than the cost of AAA fees, disputes about Archtop’s intellectual property, and claims related to theft of Equipment or Service will not be subject to arbitration.

EXCEPT AS FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, WE PROVIDE ALL SERVICE(S) AND EQUIPMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARCHTOP, ITS AFFILIATES, EMPLOYEES, AGENTS, NOR CONTRACTORS (OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES) WARRANT THAT ARCHTOP EQUIPMENT OR SERVICE(S) WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR TRANSMIT UNCORRUPTED COMMUNICATIONS. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

1. Application: The limitations of liability in this Section 3 apply to our acts, omissions, and negligence, and any acts, omissions, or negligence by a Released Entity which, but for the provisions of this Section 11, could give rise to a cause of action in contract, tort, or under any other legal doctrine.
2. Our liability for Customer Equipment is limited. YOU UNDERSTAND THAT OPENING, UPDATING, ACCESSING, OR USING CUSTOMER EQUIPMENT IN CONNECTION WITH THE SERVICES MAY VOID WARRANTIES PROVIDED BY THE MANUFACTURER OR OTHER THIRD PARTIES. NEITHER WE NOR ANY OF THE RELEASED ENTITIES WILL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF (A) THE VOIDING OF ANY SUCH WARRANTIES, OR (B) FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT, EXCEPT DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US OR A RELEASED ENTITY WE WILL PAY, AT OUR SOLE DISCRETION, FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS WILL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
3. Our liability for harmful content is limited. Software or applications installed on your Customer Equipment, downloaded to your Customer Equipment, or available through the Internet may contain malware, viruses or other harmful content, applications, or features. It is your sole responsibility to take appropriate precautions to protect your Customer Equipment. We may, but are not required to, terminate all or any portion of the Services if a virus or other harmful feature, bug, or software is present on your Customer Equipment and/or causes harm to the Services. We may, in our sole discretion, install or run software to check for viruses and other harmful features, including on your Customer Equipment. We make no representation or warranty that any virus check software will detect, correct, or resolve any or all viruses. You may incur additional charges for any service call related to a virus or other harmful feature detected on your Customer Equipment. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
4. Our liability for certain installations and modifications is limited. As part of the installation process for software and other components of the Services, we may need to modify system files on Archtop Equipment or your Customer Equipment. We may make these modifications in connection with installing software or applications or allowing access to our online portals. We make no representations, warranties, or covenants as to whether these modifications or this software will disrupt the normal operations of the Services or your Customer Equipment, including causing the loss of files. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA RESULTING FROM OUR MODIFICATIONS TO SYSTEM FILES AND/OR INSTALLATION OF SOFTWARE OR OTHER COMPONENTS OF THE SERVICES.
5. Our liability for other services or equipment is limited. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST US AND THE RELEASED ENTITIES FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY WILL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
6. Our liability for disruption of Services is limited. The Services are not fail-safe and are not designed or intended for use in situations that qualify as “High Risk Activities.” High Risk Activities include activities requiring fail-safe performance, or where an error or interruption in the Services could lead to severe injury to businesses, persons, property, or the environment. High Risk Activities also include vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risk of any damages resulting from use of the Services in connection with High Risk Activities.
   We will not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our immediate control, including (but not limited to) the following: (a) causes attributable to you, your Customer Equipment, your Premises, your property, or third parties, including our inability to access your Premises or any third-party negligence or willful misconduct and any interruption due to your negligence, nonpayment, or violation of the terms and conditions of the Agreement; (b) failure of any third-party facility or service, loss of use of poles or other utility facilities, or any failure or reduction of electric power; (c) any failure or interruption of Service resulting in part or entirely from circumstances beyond our control, such as labor disputes, civil disturbances, terrorist acts, war, explosion, cable cuts, malicious mischief, fire, flood, lightning, earthquake, weather conditions or other acts of God; or (d) any court order, law, act, or order of government restricting or prohibiting the operation or delivery of the Services.In all other cases of an interruption of the Services, you may request a pro rata credit for any Service interruption exceeding four (4) consecutive hours after the interruption is reported to us (or another period of time provided by law). You must contact us within a period of thirty (30) days from the beginning of the interruption in Service to request credit for time without Service. After reviewing your request and our records, if we determine your account should be credited, Archtop will apply credits due at a rate of 1/30th of the recurring rate for the affected Service for every day with four (4) hours or more without Service. Unless required by law, your pro rata credit will not exceed your fixed monthly charges for the Services that month. Your pro rata credit will exclude all nonrecurring charges, one-time charges, per-call or measured charges, regulatory fees, and surcharges, taxes, and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, A CREDIT WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR INTERRUPTION OF SERVICES. Any additional credits, if any, are provided by us at our sole discretion and will not constitute, or be construed as, a course of conduct.
7. Our liability for third parties is limited. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide the Services. This may include third-party services, equipment, infrastructure, or content. We are not bound by any undertaking, representation, or warranty made by an agent, or employee of ours, or of our underlying third-party providers and suppliers in connection with the installation, maintenance, or provision of the Services if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. We are not responsible for and have no liability with respect to any services, equipment, infrastructure, and content that are not provided by us, or the performance (or non-performance) of third-party services, equipment, infrastructure, or content, even if they are components of the Services. You should address questions or concerns relating to third-party services, equipment, infrastructure, and content to the corresponding third-party provider. We do not endorse or warrant any third-party services, equipment, infrastructure, or content that are distributed or advertised over the Services.
8. Our liability for damages is limited. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT):
   1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH CUSTOMER EQUIPMENT OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, OR DELAYS IN TRANSMISSION); OR
   2. ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE SERVICES OR THE CUSTOMER EQUIPMENT BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
9. Sole remedies. This Agreement sets forth your sole and exclusive remedies. Some of the above limitations on our liability may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, our liability and the liability of any Released Entity is limited to the maximum extent permitted by law.

The contractual price may vary depending on the timeframe of the offer or plan you purchase. You agree to pay all charges we assess and bill you, or that were accepted or processed through your account. These charges may include monthly service charges for Equipment and Services; charges for installation and service calls; applicable federal, state, and local taxes and fees; fees to recover our costs of complying with governmental and regulatory requirements; charges for content; third party charges and other purchases billed to your account; charges for your requested removal, modification and/or or transfer of Archtop Equipment; and other charges as set forth in your invoice. Some usage charges, such as those that depend on information from a third party, may be billed in subsequent bill cycles after the charges have been incurred.

1. General. Nonrecurring service charges are invoiced in the next bill after they are incurred, and recurring charges are invoiced monthly in advance. You must pay on or before the day indicated on the bill as the due date, which is fifteen (15) days after the date of the invoice. Recurring monthly charges are nonrefundable should you request a suspension or reduction of Service(s).
2. Form and Delivery of Invoices. You may choose between paper and electronic billing. If you select paper billing, we will send the statement to your postal address of record. If you opt for electronic billing, you must provide a valid e-mail address and enroll in our electronic system. Failure to select electronic billing before our cutoff for processing for that month will result in the selection of paper billing for that month. You may modify the billing method at any time by calling Customer Service. Payment can be made in any of the ways described on your bill. If you opt for electronic billing with an automatic payment plan, we may provide a discount on your charges.
3. Late Fee. If you do not pay within thirty (30) days from the date of the invoice, you will be charged an administrative late fee (“Late Fee”). Should the nonpayment continue for twenty (20) additional days, Archtop may suspend or disconnect any or all Service(s) subject to applicable law. Late Fees will continue to accrue on any unpaid balances after suspension or termination of Services. If you resume Service(s) after any disconnection, we may charge a reconnection fee, installation fee, and/or service activation fee. Additionally, you shall remain liable for any unpaid service fees, Late Fees, and for any unreturned Archtop Equipment. If we use a collection agency or attorney to collect money or equipment you owe us, you agree to pay reasonable costs of collection, attorneys’ fees, and arbitration or court costs.
4. Payment by Credit Card, ACH transfer or Check. If you provide a credit card or debit card number to us to pay for the Service(s), you thereby authorize us to charge that credit card or debit card for all amounts payable by you for ongoing charges until you notify us in writing that you are withdrawing this authorization or until you have paid all charges under this Agreement. If the Company does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. If you make payment by check, you thereby authorize us to collect your check electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as “paid in full”) or other statements or releases on or accompanying checks or other payments accepted by the Company and any such notations shall have no legal effect.

Unless you subscribe to a plan that expressly permits otherwise, or as otherwise specifically authorized in writing by us, you agree to use the Services solely for personal, residential and non-commercial purposes. You will not use Archtop Equipment at any time at an address other than the Service Location without our prior written authorization. You agree and represent that you will not resell or permit another to resell the Service(s) in whole or in part. You will not use or permit another to use Archtop Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Archtop policy applicable to the Service(s). Use of Archtop Equipment or Service(s) for transmission, communications or storage of any information, data or material in violation of any U.S. federal, state or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement and you will be requiring to all the persons who use Archtop Equipment and/or Service(s) at the Service Location to comply with it, and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable Archtop policies including, but not limited to, Archtop’s Acceptable Use Policy and Privacy Policy, available on our website. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Service(s).

For many of our Services and products Archtop may get information about your credit history from credit-rating agencies, which may affect your credit rating. We may change the conditions of use from time to time for you based on your credit history, payment history, payment method, deposit payment, as well as other factors. This includes, but is not limited to, enforcing a different collection path and/or disconnection procedure to the one established in Section 14 of this Agreement. You agree that Archtop may obtain and use your credit history and report information to any credit-rating agency. Archtop may inform credit-rating agencies of any late payment and the amounts owed.

Archtop reserves the right to request a deposit from you. The deposit amount shall be determined based on your credit history (including with Archtop) and shall serve as a partial security of any balance you owe. Archtop may change the deposit amount to be requested based on your payment and/or consumption history. Archtop may also require you to make a deposit for the use of Equipment and for its repair or replacement. The deposit shall generate interest pursuant to current laws. Upon disconnecting the Services or replacing or repairing Equipment, Archtop may apply the deposit to the payment of balances you owe, including, without limitation, charges for damage, loss, alteration, or destruction of Archtop Equipment, without necessarily providing any prior notice. If not applied for those purposes, Archtop will manage the deposit according to applicable legislation.

Archtop may, at any time and periodically, change the Service(s), Archtop Equipment, and rates or charges, with or without notice, subject to applicable law. As examples, we may: increase or change fees and charges for the Services; change the terms, policies, practices and procedures relevant to any Service; make changes affecting equipment or software; or change the features, functionalities, characteristics and specifications of any Service. If we provide you with notice of any change, we may provide it by any reasonable means, including in your bill, e-mail, or any other communication permitted by applicable law. You may terminate your Service(s) immediately if you do not accept any change in Service, subject to any applicable termination fees, but your continued use of the Service(s) thirty (30) days after the change will be deemed your acceptance of that change.

1. Access to Service Location. You grant Archtop the right to enter the property at which the Service(s) and/or Archtop Equipment, as defined below, will be provided (the “Service Location”) during reasonable hours to install, maintain, configure or otherwise perform work related to the Archtop Equipment and Service(s). You warrant that you are the owner of the Service Location or that you have authority to allow Archtop on the Service Location. You further grant Archtop all necessary easements to provide Service(s) to you and others in the same system. If you are not the owner of the Service Location, you agree to obtain permission from the owner of the property and provide to Archtop, if requested, proof of such permission. Archtop reserves the right to perform underground installations from the foundation to the house through the shortest and most reasonable route. If you are not the owner of the building, you agree to indemnify and hold Archtop harmless of any liability for any claims that the owner of the property may make as a result of the Service(s) provided under this Agreement.
2. Installation Review; Interference. Archtop may perform an installation review of the Service Location prior to installation of the Services. If Archtop determines that safe installation and/or activation of one or more of the Services will have negative consequences to Archtop’s personnel or network or cause technical difficulties to Archtop or its customers, Archtop may terminate the Work Order and/or Service Order effective upon written notice to Customer or may require Customer to correct the situation before proceeding with installation or activation of the Services. If at any time (i) proper operation of Archtop Equipment or provision of a Service is subject to interference or obstruction due to any cause other than Archtop’s actions or (ii) such interference or obstruction, or its cause, may endanger, hinder, harm or injure Archtop’s personnel or network and/or cause technical difficulties to Archtop or its customers, Archtop may terminate the affected Work Order(s), Service Order, and/or this Agreement without liability upon written notice to Customer.
3. Site Preparation. Customer shall be responsible for necessary preparations at the Service Location for delivery and installation of Archtop Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture and furnishings as necessary to access the Equipment or Services.
4. Installation. Archtop will schedule one or more installation visits with Customer. Customer or a Customer authorized representative must be present during installation. If during the course of installation, Archtop determines additional work is necessary to enable Archtop to deliver the Services to the Service Location, Archtop will notify Customer of any additional charges. If Customer does not agree to pay such charges by executing a revised Work Order and/or Service Order within five (5) business days of receiving the same, Customer and Archtop shall each have the right to terminate the applicable Service Order, Work Order and/or this Agreement.
5. Limitation on Archtop Liability for Installation. Archtop or their authorized representatives shall not be liable for any work Archtop performs as part of any installation, including without limitation any assistance Archtop may provide to Customer in fulfilling Customer’s obligations for site preparation under this section. Customer expressly waives any claims it may have against Archtop or their authorized representatives for Archtop’s work related to site preparation or the installation, relocation, or other handling of Archtop Equipment or Customer Equipment.

1. Equipment and Software Installation. You acknowledge that any ONT, equipment and facilities we install or provide for you to self-install, along with any equipment we lease to you (collectively, “Archtop Equipment”), is for your use only for purposes of using the Services and remains Archtop’s property. You agree that we may install equipment on the exterior and interior of your residence (including but not limited to installing, maintaining, and repairing underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You agree that we may take photographs of the equipment on the exterior or interior of your residence for quality control purposes. You also agree that we may use, and that you have the necessary permissions to approve our use of, existing facilities, including existing wiring in and around your residence, to complete the installation services.
2. You are responsible for safeguarding, protecting the integrity and preventing Archtop Equipment from being altered, damaged, lost, destroyed, or stolen. You agree to take reasonable security measures and procedures with respect to the use of and access to the Service and/or Archtop Equipment. You agree to return Archtop Equipment to us when so required or upon termination of Service(s). You agree that you shall not allow Archtop Equipment to be serviced, opened, or altered by anyone other than our employees or agents. You may not permit any attachments to, alteration of, or tampering with Archtop Equipment.
3. You agree to keep the ONT plugged into a working electrical power outlet at all times. You are responsible for having a surge protector, ensuring an adequate ground connection, and connecting Archtop Equipment to such a surge protector. If Customer does not return any Archtop Equipment or it is destroyed or unusable, you agree to pay the current replacement cost of Archtop Equipment. Archtop suggests that Archtop Equipment in your possession be covered by property insurance. Archtop shall have no obligation with regards to the use and operation of security cameras and/or closed circuit systems connected to Archtop Equipment.
4. The Services and Archtop Equipment, including any firmware or software that may be embedded in Archtop Equipment or used to provide the Services, are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions.
5. Unauthorized use of Archtop Equipment or Service(s) may constitute a violation of federal and state law. You will be liable for all unauthorized use of the Service(s) and for any and all stolen Customer Equipment and/or Services. You agree to notify us immediately, in writing or by calling our Customer Service Department during normal business hours, if you become aware at any time that Archtop Equipment has been stolen or that Services are being stolen or used without authorization. If you fail to notify us in a timely manner, your Service(s) may be terminated without notice, with additional charges to you.
6. Any unauthorized connection to, or tampering with, any Archtop Equipment, or any theft of Services, shall be cause for immediate suspension of Services, termination of this Agreement and/or legal action, at Archtop’s discretion. In the event of any unauthorized connection to, or tampering with, Archtop Equipment, or any theft of Services, Archtop shall be entitled to recover damages from you, including the value of any Services and/or Archtop Equipment obtained in violation of this Agreement. You agree to pay Archtop’s costs incurred in collecting any damages under this Agreement, including Archtop’s attorney fees.

“Customer Equipment” means any Customer-owned or provided software, hardware or services that you elect to use in connection with the Service(s).

1. Except as otherwise specifically provided in this Agreement, any Work Order(s) and/or Service Order, Customer shall be responsible for the maintenance or repair of any Customer Equipment, and Archtop shall not be responsible for any maintenance or repair.
2. Customer acknowledges that Customer Equipment poses a security risk to Archtop’s network and Archtop Equipment, and Customer agrees it shall implement reasonable security measures and procedures with respect to Customer Equipment, including but not limited to maintaining physical security, password protection, and authentication for access to Customer Equipment. Customer is solely responsible for any security devices Customer chooses to connect or install on his/her computer device, in addition to any transmissions to or from Customer or its authorized Users. Customer shall be liable to Archtop for all damages, costs, and fees resulting from any unauthorized use, sharing, access, eavesdropping or any associated risks of unauthorized use of Customer Equipment, including the value of any Services obtained in violation of this Agreement. You also agree to pay Archtop’s costs incurred in collecting any damages under this Agreement, including Archtop’s attorney fees.

You agree that the following limitation of liability applies: ARCHTOP DOES NOT WARRANT THAT CUSTOMER EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT. ARCHTOP SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.

Except for those provisions which by their nature survive the termination of this Agreement, this Agreement will be in effect from the time that Services are activated until (1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement. You also agree that the term of your Agreement shall be one month as of the start date of the billing cycle for your account, which may be the same date as the installation or a few days later. The Agreement shall renew automatically for periods of one month. You must notify us that you want to terminate in one of the following ways: (a) mail a written notice to our local business office; (b) send an electronic notice to the email address specified on your bill; (c) provide notice in person at a service center; or (d) call our customer service number during normal business hours. You are responsible for payment of any amount owed until the effective date of cancellation, including all service fees and related charges, and for the return of all Archtop Equipment. You must return all Archtop Equipment on or before the last day of your then current billing cycle in any of our Customer Service Centers in order to prevent an equipment collection charge (“Equipment Collection Charge”). The effective date of cancellation will continue to accrue until the later of the end of the monthly term or when Services have been disconnected and all Equipment has been returned to Archtop, except to the extent that applicable law requires an earlier effective date of termination. At our election, and subject to applicable law, we may change our policy to continue all Services (or any part of them) through the end of the billing cycle in which we received your notice, which means those Services will terminate at the end of the applicable billing cycle. We reserve the right to subtract from any refund of overpayment any outstanding amounts due to us for the Services, for any affiliate or third-party services, or for other applicable fees and charges.

No express or implied waiver by Archtop of any event of default shall in any way be a waiver of any further subsequent event of default. Nothing herein, including Termination, shall relieve you of your obligation to pay Archtop all amounts due.

1. Default by Customer. You shall be in default under this Agreement if You do any of the following things (each individually to be considered a separate event of default) and you fail to correct each such noncompliance within thirty (30) days of receipt of written notice (including any notice provided in any bill):
   1. You are more than thirty (30) days past due with respect to any payment required hereunder;
   2. You otherwise have failed to comply with the terms of this Agreement, applicable Archtop policy or any other Service Order(s) incorporated herein.
2. Archtop’s Right to Refuse Service. Archtop may refuse to provide Services if you have an outstanding debt to Archtop.
3. Archtop’s Right to Terminate. If you are in default, Archtop shall have the right, without prior notice, and in addition to any other rights of Archtop expressly set forth in this Agreement and any other remedies it may have under applicable law to:
   1. Immediately suspend Services until such time as the underlying noncompliance has been corrected without affecting your on-going obligation to pay Archtop any amounts due under this Agreement;
   2. Terminate the Services, this Agreement or the applicable Work Order(s) and/or Service Order;
   3. Suspend or terminate the Services or this agreement for failure to abide by the Acceptable Use Policy and Archtop’s DMCA policy each as posted on Archtop’s website, including notifications of alleged and/or repeated copyright infringement; and/or
   4. To suspend or terminate the Services at any time with or without notice for any affected user who we, in our sole discretion, believe is infringing any copyright or other intellectual property rights.

You agree to indemnify, defend and hold harmless Archtop, its partners, officers, directors, employees, agents, suppliers and affiliates of and from any and all claims, judgments, costs, liabilities, damages and expenses (including attorneys’ fees) and suppliers against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Agreement. Your indemnification will survive any termination of this Agreement.

Archtop may modify this Agreement, as well as the terms and conditions that are incorporated by reference, at any time and without prior notice, except where otherwise provided by law. By continuing to use our Service(s), you accept and agree to be legally bound by this Agreement, including any modification thereof. If you do not agree to be legally bound by these terms and conditions, or to any modification thereof, you should immediately stop use of the Service(s) and notify our Customer Service Department to terminate the account, subject to any applicable termination fees. The updated version of this Agreement and the terms and conditions that are incorporated by reference can be found on our website.

Archtop welcomes your comments about our Services or other offerings. However, any communication you send to Archtop will be deemed submitted on a non-confidential basis and will become the exclusive property of Archtop. Archtop may, in its sole discretion, reproduce, use, publish, modify, publish, distribute or otherwise use these communications in any way and for any purpose. Any use Archtop makes of such communications shall not entail any liability or obligation for the user. These uses may include, for example, the use of the content of such communications, including the works, trademarks or names, ideas, inventions, concepts, techniques or know-how disclosed on the Customer Portal for any purpose, without any obligation to compensate the author of such communications and without any liability to that person.

If there is any conflict or potential conflict between the English and Spanish language versions of any term, condition or provision of this Agreement, or any other term, condition or provision incorporated by reference into this Agreement, the Spanish language version shall control the meaning of all such conflicts or potential conflicts.

All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement and termination of your Service(s).

For any inquiries or notices required in connection with this Agreement, you may contact us at:

We will provide you with notices consistent with applicable law. If we provide you with notice of any change, we may provide it by any reasonable means, including with or in your bill, by e-mail, or any other communication permitted by applicable law. Customer agrees that any one of the foregoing methods will constitute sufficient notice, if such notice is necessary. You agree to regularly check your mail, e-mail and all postings on our website and bear the risk of failing to do so. If you give notice to us, it will be deemed given when received by us at the address provided in this Agreement for such notices.

This Agreement (including all other documents incorporated by reference) constitutes the entire agreement and understanding between Customer and Archtop with respect to the subject matter of this Agreement and replaces all prior written or verbal agreements. If any term or condition of this Agreement is held to be unenforceable by a court, tribunal or arbitrator, the remainder of the Agreement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. Archtop does not waive any provision or right if it fails to strictly enforce performance of any provision of this Agreement. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement.

This Agreement is and shall be governed by and construed in accordance with the applicable federal laws or the laws of the State of New York.

Archtop shall not be liable for any delay or failure of performance or Archtop Equipment due to causes beyond its control, including, but not limited to: acts of God, hurricane, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government, including state and local governments having or claiming jurisdiction over Archtop, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts or work stoppages.

You may not assign this Agreement, the Service(s), or Archtop Equipment. You agree to notify us immediately of any changes of ownership or occupancy of the Service Location. If you request to transfer your account to another Service Location, Archtop may change the package of Service(s) to which you are subscribed, to the package of services existing at that moment. We may freely assign our rights and obligations under this Agreement with or without notice to you.

In addition to the General Terms and Conditions above, the following terms and conditions are specifically applicable to Archtop’s Internet Service.

You are responsible for all Internet activity originating from your or others’ use of your Services. You agree to ensure that all use of your Service(s) complies fully with this Agreement. You are solely responsible for protecting the confidentiality of your screen names, passwords, PINs, parental controls, and other security measures, and we shall have no liability for your failure to do so.

1. Lawful purposes only: You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyrights, patents, trademarks, trade secrets or proprietary rights), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. For more information, please refer to our Copyright Policy available on our website.
2. No Resale: Advertising, reselling, reuse, any solicitation with respect to products or services, using the Services for operation as an ISP or for the hosting of websites other than as expressly permitted under this Agreement, or use of any form of transmitter or WAN that enables persons outside your service address to use the Services, is strictly prohibited without express written approval from Archtop and a contract for payment of related fees.
3. Copyright: Our Internet Services contain copyrighted material, trademarks and other proprietary information. You may download copyrighted material solely as permitted by law. Except as otherwise permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of the third party owner and, where applicable, Archtop. In the event of repeat instances of copyright infringement by you, we may suspend or terminate your Service in accordance with our Copyright Policy. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. You may download public domain materials for your own use or non-commercial distribution. Archtop assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain or may otherwise be used for such purposes.
4. Ownership of Addresses: You acknowledge that use of the Internet Service does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including, but not limited to, Internet Protocol (“IP”) addresses, e-mail addresses, and Web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. Upon termination of an Internet Service account, we reserve the right permanently to delete or remove any or all addresses associated with the account.

Archtop makes no representation with respect to the speed of its Internet Service. Actual speeds may vary and are not guaranteed. Many factors affect Internet speed, including the number of connected devices, state of the network, maintenance activities, available bandwidth in third party networks, the location of Archtop and Customer Equipment, physical structure of the Service Location, if the connection is wired or wireless, among others. You agree to comply with Archtop’s bandwidth, data storage and other limitations of Internet Service as may be established and modified by Archtop from time to time. You agree that your bandwidth usage activity will not improperly restrict, inhibit or degrade any other user’s use of Internet Service, nor represent (in Archtop’s sole judgment) an unusually large burden on the network. You also agree that your activity will not restrict, inhibit, disrupt, degrade or impede Archtop’s ability to deliver and track its Internet Service, backbone, network nodes and/or other network services.

Use of Archtop’s Internet Service presents certain risks for which Archtop cannot be responsible, including without limitation:

1. Computer File Backup: You understand and accept the risks if you decide not to back up files. Neither Archtop nor its service providers shall have any liability whatsoever for any damage to or loss of any software, files, or data.
2. Viruses: Websites visited or data received through the Service may contain viruses. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files and data. Archtop may, but is not obligated to, run third party virus check software on your computer prior to installing software related to the Service. Archtop does not represent or warrant that doing so will detect or correct any or all viruses. Archtop may, but is not required to, suspend or terminate availability of the Service if a virus is found to be present on any user’s system or in any communications sent or received through the Service.
3. Unauthorized Access to Your Computer and Files: Inherent in Internet access is the risk that unauthorized persons will use your Service or gain access to your computer and to the software, files, personal information and other data stored or transmitted by you, install a “bot” on or otherwise “hijack” your computer or harm or misappropriate your computer, systems and files in some other way. Usage of the Service is at your sole risk, and you are responsible for the security of your computer, equipment, information and data traffic. Archtop shall have no liability whatsoever if third parties intercept data transmissions by or to you or otherwise gain access to or misuse your computer, other equipment, files or account.
4. Eavesdropping and Customer Equipment Security: The public Internet is used by numerous persons or entities including, without limitation, other subscribers to our Internet Service. As is the case with all shared networks like the public Internet, there is a risk that you could be subject to “eavesdropping.” This means that other persons or entities may be able to access and/or monitor your use of the Services. If you post, store, transmit, or disseminate any sensitive or confidential information, you do so at your sole risk. You acknowledge that when using the Services there are certain applications and techniques that may be used by other persons or entities to gain access to Customer’s Equipment. You are solely responsible for the security of the Customer Equipment or any other equipment you choose to use in connection with the Services, including without limitation any data stored on such equipment. NEITHER ARCHTOP NOR ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU OR OTHERS, THE USE OF SUCH APPLICATIONS BY YOU, OR THE ACCESS BY OTHERS TO THE CUSTOMER EQUIPMENT OR OTHER EQUIPMENT OF YOURS. Questions or complaints regarding content or material should be addressed to the content or material provider. You acknowledge that software programs are commercially available that claim to be capable of encryption or anonymization. We make no representation or warrant regarding the effectiveness of these programs.
5. Archtop Actions to Protect Its Network: Archtop reserves the right to take actions to protect the security and integrity of its network and resources that are consistent with applicable law. These actions may affect your Service, your computer, software, files, personal information and other data stored or transmitted by you.
6. Exposure to Inappropriate Content: There may be content available through the Internet that is illegal, violates third party property or other rights or is offensive. Archtop is not responsible for the content contained on the Internet or otherwise available through the Service. Archtop shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of, or otherwise relating to, such content.

In addition to the General Terms and Conditions above, the following terms and conditions are specifically applicable to you if you subscribe to Archtop’s VoIP Service, which is only available as an optional additional service for customers who subscribe to Internet Service at the same location.

Archtop’s VoIP Service includes 911/Enhanced 911 functions (“911/E911”) that may differ from 911/E911 functions furnished by traditional telephone service providers. As such, the 911/E911 Services may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. If you have any questions about 911/E911, contact us immediately.

1. Correct Address: In order for your 911/E911 calls to be properly directed to emergency services, we must have your correct Service Location address. If you move the VoIP Service to a different Premise without our approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address and/or the VoIP Service (including 911/E911) may fail altogether. Therefore, you must call Customer Service at the number listed at the end of this document before you move the VoIP Service to a new address. All changes in service address require our prior approval. YOU UNDERSTAND AND ACKNOWLEDGE THAT ARCHTOP WILL NEED SEVERAL BUSINESS DAYS TO UPDATE YOUR SERVICE ADDRESS IN THE E911 SYSTEM SO THAT YOUR 911/E911 CALLS CAN BE PROPERLY DIRECTED.
2. Service Interruptions: Access to 911/E911 requires that your VoIP Service is active and that you have electrical power connected to your ONT. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE OF VOIP SERVICE, INCLUDING 911/E911, UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) IF OUR NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL POWER TO THE ONT IS INTERRUPTED AND THE ONT DOES NOT HAVE A BATTERY BACKUP; (iii) IF THE ELECTRICAL POWER TO THE ONT IS INTERRUPTED AND ANY BATTERY BACKUP IS EXHAUSTED OR FAILS; or (iv) YOUR SERVICE HAS BEEN SUSPENDED OR IS NOT PROPERLY FUNCTIONING. You also understand and acknowledge that battery backup may provide power for only a limited time, that the performance of the battery backup is not guaranteed, and that if the battery is exhausted, the VoIP Service will not function until normal power is restored. You understand and acknowledge that your ONT may not have battery backup or another power source of its own. Furthermore, calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network or network equipment failure, or another technical problem.
3. Suspension and Termination by Archtop: You understand and acknowledge that all VoIP Service, including 911/E911, as well as all online features of VoIP Service, where we make these features available, will be disabled if your account is suspended or terminated.

YOU ACKNOWLEDGE AND AGREE THAT ARCHTOP AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ARCHTOP AND ITS SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, (INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE VOIP SERVICES).

1. Per-Call and Measured-Call Charges. Calling plans billed on a flat monthly fee basis may not include certain call types. These call types will instead be charged on a per-call (e.g., operator services) or a measured basis (e.g., international calls). For billing purposes, a measured call begins when the carrier of the receiving party returns signaling to our network that the call has been answered and it ends when one of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. If the computed charge for a measured call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. Please contact us for information on per-call charges. In the event of fraudulent or other unauthorized use of the Services from the Service Location, you remain responsible for all charges incurred.
2. Third-Party Charges. VoIP Services may allow you to access information and other service providers (e.g., services accessible through 800, 8YY and 900 numbers), and other third-party providers. You acknowledge that you may incur charges with such providers that are separate and apart from the amounts charged by us. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility.
3. Notwithstanding anything to the contrary in the Agreement, some providers (e.g., those involved in calls to foreign countries) charge for a completed call when the called party’s line rings or after a certain number of rings. If such a provider charges Archtop, as if such a call were answered by the called party, Archtop will charge You for a completed call.

1. Handset and Wiring: In order to use the VoIP Services, you are required to provide certain Customer Equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. If we cannot get access to your inside phone wiring, you will need a cordless phone to use our Services throughout your dwelling.
2. Incompatible Equipment and Services: You acknowledge and understand that the VoIP Services may not support or be compatible with: (i) certain non-voice communications equipment, including but not limited to alarm or home security systems that make automatic phone calls; medical monitoring devices; certain fax machines; and certain “dial-up” modems; (ii) rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as answering machines and traditional Caller ID units; (iii) dial around (10-10) calling; 976, 900, 700, or 500 number calling; (v) 211, 311, 511, or 811 calling; and (vi) other call types not expressly set forth in our product literature (e.g., shore-to-ship calling and outbound satellite calling).
3. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST ARCHTOP AND ITS SERVICE PROVIDERS, FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN ARCHTOP EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH THE AGREEMENT, SUBJECT TO ANY APPLICABLE EARLY TERMINATION FEE.

VoIP Services are not represented as fail-safe and are not designed for use in situations where error-free or uninterrupted service is essential. You expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment.

1. Switching to Archtop from another provider: If you are switching to our Services from another service provider, you will cooperate fully with Archtop and provide promptly all information, including the pin number and a letter of authorization or other documentation, as requested by Archtop in connection with the processing of your order for Service. You authorize Archtop to notify your current telephone service provider of your decision to switch your local toll and long distance services to the Service, and you represent you are authorized to take such actions. In addition to the conditions set forth above, the additional limitations may apply: you may transfer your existing phone number (if any) to our Services, provided that (i) you request the phone number transfer when you place your order for our Services, authorizing Archtop to request on your behalf the transfer of your existing phone number and after the installation service visit; (ii) your current service provider releases your existing phone number, at our request, without delay or charge; (iii) transfer of your existing phone number to our Services would not, in our view, violate applicable law or our processes and procedures; (iv) you acknowledge and agree that if your ONT is set up before the date that the number transfer becomes effective (“Port Effective Date”), you may only be able to make limited outgoing calls over the phone that you have connected to the ONT. In that event, you should keep another phone connected to an existing phone extension at your Service Location to receive incoming calls until the Port Effective Date, after which you will be able both to make and to receive calls using our Services; and (v) you acknowledge and agree that to avoid an interruption in your phone service, it is extremely important that you have the ONT installed on or before the Port Effective Date. Your existing phone service for the number you are transferring will be disconnected on the Port Effective Date; if your ONT is not yet activated, you will not have access to our Services. Therefore, you will not have service for that phone number.
2. Switching from Archtop to another provider: To transfer your phone number from Archtop to another service provider, you must terminate the Service with Archtop, subject to any applicable early cancellation fee, and place the transfer order through your new service provider. Requesting a service from another provider does not automatically cancel your Agreement with Archtop.