TERMS AND CONDITIONS FOR COMMUNICATIONS SERVICES

Definitions

“You,” “your,” and “Customer” mean the person, company, or business that subscribes to Communication Services.  “We,” “our,” “us,” and “ALLTEL” refer to ALLTEL Communications, Inc. and its subsidiaries and affiliates.  “Communication Service(s)” or “Service(s)” refer to the communication services you have asked us to provide to you.  “Service Order” means the form (whether paper or electronic) on which you apply for Services and includes certain terms and conditions of the Services such as the length of time you will subscribe to them, rate plans, access charges, choice of long distance carrier, and the Equipment you have selected.  “Equipment” means any communications equipment or accessories you purchase or lease from us.

About These Terms and Conditions

BY USING ANY ALLTEL COMMUNICATIONS SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.  If you do not wish to be bound by these Terms and Conditions, do not use the Services and notify us immediately.  We may change these Terms and Conditions at any time if we give you advance notice of the changes.  You accept the changes if you use Services after you receive our notice.  If you do not accept the changes, you may terminate your Agreement by giving us notice, in which case you will not be subject to an early cancellation fee.  You will still be responsible for all charges for Service and Equipment made before you terminated your Agreement.

About Tariffs

 Your Agreement and ALLTEL’s provision of Communications Services are subject to the provisions of any applicable federal or state tariffs.

Entire Agreement

These Terms and Conditions, together with the Service Order and any applicable tariff, are the entire Agreement between you and us, which may only be amended as described above.  These Terms and Conditions supersede any inconsistent or additional promises made to you by any of our employees or agents.

Term

a.             Fixed Term.  You agree to subscribe to the Services for the length of time identified on the Service Order.  The Services you receive after the end of the term will be provided on a month-to-month basis.

b.             Month-to-Month Term.  If no length of time is identified on the Service Order, then the term is month-to-month.

Termination By You

a.             Fixed Term.  If you subscribe to a Service for a fixed term and you terminate the Service before the end of the term, or if you do not honor any advance notice of termination requirement, then you will be required to pay us an early cancellation fee as specified on your Service Order.  In addition, you remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased prior to termination.

b.             Month-to-Month Term.  You may terminate a Service to which you subscribe on a month-to-month basis at any time by notifying us.  You remain liable for payment of all outstanding charges for all Services you used and Equipment you purchased prior to termination.

c.             Bundled Services.  If you receive special rates in return for subscribing to multiple Services (“bundling”) and you subsequently unbundle, terminate, or disconnect any of these Services at any time, then we may adjust the rates for the remaining Service(s).

d.             Change in Location.  A change in your service address or the location to which any Service is provided to you may constitute your termination of that Service.

Termination By Us

We may interrupt or terminate a Service: (1) if you do not honor any provision of these Terms and Conditions (including payment obligations),  (2) if you use a Service in a manner that adversely affects Service to other customers or harasses our customers or employees or (3) if you or others use a Service to engage in fraud or unlawful conduct or are suspected of doing so.  We may restore such interrupted or terminated Service, in our sole discretion, following correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your service.

Charges for Services and Equipment

a.             In General.  You are responsible for paying all charges applicable to your account, including but not limited to: access, airtime, features, roaming, toll, long distance, directory assistance, and the cost of Equipment.  In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed from time to time in connection with the Services and the Equipment.

b.             Wireless Telephone Services.  Airtime usage on each call is billed in full minute increments, with a minimum charge of one minute per call.  Partial minutes of use are rounded up to the next full minute.  Access charges are billed in advance and will not be refunded in the event of termination.  Unused plan minutes are not carried over to subsequent monthly billing cycles.  The length of a call will be measured from when you initiate it (typically, when you press the “Send” or “Yes” key) until you terminate it (typically, when you press the “End” or “No” key).  In addition to airtime charges, you may be charged toll for long distance calls.  Rates and charges while roaming outside of your local ALLTEL service area may be different than your ALLTEL service area rates.  We reserve the right to select the carrier you will use while roaming.  Rates during peak hours may be higher than rates during off-peak hours.  Use of custom calling features (such as voicemail or three-way calling) will be billed like any other call.  To be eligible for Service, we may require you to reside in our Service area and to use most of your Service on a network owned or operated by ALLTEL.

c.             Internet Access Service.  Internet access may be billed in full hour increments.  Partial hours of use may be rounded up to the next full hour.  Unused hours may not be carried over to subsequent monthly billing cycles.  Access time may be measured from the time the port is seized to the time the port is released by your computer.

Payments

We will bill you monthly for all charges associated with the Services, and we will invoice you for all charges associated with Equipment.  Payment in full is due no later than the due date indicated on your bill.  If you have authorized payment for Services or Equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason.  We may accept late payments, partial payments or any payments marked as being “payment in full” or as being settlement of any dispute without losing any of our rights under this Agreement.  You agree to pay costs and fees we incur to collect an unpaid balance from you.

Credits And Deposits

You authorize us to ask credit-reporting agencies for credit information about you.  We may, in our discretion, require you to submit a deposit as security for payment of charges.  An additional deposit may be required if either the amount or number of Services is increased or your credit rating changes.  Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service.  We reserve the right to apply the deposit to any amount due and unpaid.  We may require a guarantee of payment by an individual or entity approved by us.

Internet Access Service

If you subscribe to our Internet Access Service, then you agree to abide by our Acceptable Use Policy, available via a link on the ALLTEL.net home page (www.ALLTEL.net), and by any other policies posted there.  The Acceptable Use Policy generally provides that you may not use our Internet Access Service to (1) engage in illegal activity, (2) violate the network policies of any network accessed through our Service or (3) engage in any activity that interferes with other Internet users’ use and enjoyment of the Internet or our Service.  The Acceptable Use Policy may change periodically, and it is your responsibility to review it from time to time and comply with the changes.

Telephone Numbers and E-mail Addresses

We assign telephone numbers and e-mail addresses in connection with the Services.  You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you.

Services Provided by Third Parties

The Services will be provided either by us or by our third party vendors or contractors.  We reserve the right to change or modify the source of any Services provided to you without notice.

Privacy and Customer Proprietary Network Information

You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance.  We will not give you notice of any subpoenas or court orders related to your account or use of Services unless required by law.  Information in our billing and customer care systems concerning your account and your use of Services belongs to us, and you have no expectation of privacy with respect to such information.  We may analyze your account and usage information and share this information with other ALLTEL entities.  We will not share this information with other companies.  If you do not want us to use your information internally, please notify us.

Theft and Fraud

If your Service or Equipment is lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft.  You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports). 

LIMITATION OF LIABILITY

OUR LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD.  THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES.

DISCLAIMER OF WARRANTIES

WE MAKE NO WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD.  WE DO NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).

Assignment

We may assign this Agreement to another entity without any advance consent from or notice to you.  You may not assign this Agreement without our consent.

No Waiver; Severability

If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver.  If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

Arbitration

Any dispute arising out of this Agreement or relating to the Services and Equipment must be settled by arbitration administered by the American Arbitration Association.  Each party will bear the cost of preparing and prosecuting its case.  We will reimburse you for any filing or hearing fees to the extent they exceed what your court costs would have been if your claim had been resolved in a state court having jurisdiction.  The arbitrator has no power or authority to alter or modify these Terms and Conditions, including the foregoing Limitation of Liability section.  All claims must be arbitrated individually, and there will be no consolidation or class treatment of any claims.  This provision is subject to the United States Arbitration Act.

March 30, 2000

ADSL ORDER FORM

Customer’s Name: ______________________________   Physical address: __________________________________________________________________   Contact name and number: __________________________E-MAIL___________________________ Physical address for modem to be delivered to, no P.O. Box, (someone will need to sign for modem)____________________________________________
SECTION 1 ______ Add ADSL to existing telephone line _______________________ ______ Install new line for ADSL
SECTION 2  Check the desired level of ADSL service.
DSL with ALLTEL internet	DSL with Net Star Telecommunications
____  DSL Lite   64 upstream / 256 downstream    $35.00           ____  Tier I    128 upstream / 768 downstream       $49.95         ____  Tier II   256 upstream / 1536 downstream   $109.95      ____  Tier III  768 upstream / 1536 downstream   $219.95       ____  Tier III  768 upstream / 1536 downstream   $329.95  + $200.00 activation fee  (includes five usable static IP addresses)	____ DSL Lite   64 upstream / 256 downstream    $21.00 ____ Tier I  128 upstream / 768 downstream         $29.95    ____ Tier II  256 upstream / 1536 downstream      $59.95 ____ Tier III  768 upstream / 1536 downstream    $119.95
Check one of the following options for ALLTEL	My Internet service providers.
_______   Convert existing ALLTEL internet service  _______   New ALLTEL internet customer	_NetStar Telecommunications    281/240-7600  support@nstci.com
	_I will contact  Net Star for Login and Password
____ Yes, I would like to have my ADSL service installed by a technician.  I understand there is a charge of $149.95 for this service. ____ Yes, I would like to sign a one-year contract for the ADSL service. With signing of the contract the modem kit charge is waived. _____ With the signing of the contract for DSL Lite, I understand my activation fee will be $25.00. _____ With the signing of the contract for DSL Tier I, II or III my activation fee of $99.95 will be waived. ____ No, I do not want to sign a one year contract for the ADSL service. _____ I understand with DSL Lite, I will pay $25.00 activation fee and I will be purchasing my modem kit for $99.95. _____ I understand with DSL Tier I, II or III I will pay  $99.95 activation fee and I will be purchasing my modem kit for $99.95.   Y
Will you be using this service for: Residential _____ Business ______ Will you be connecting more than one computer?     No_______      Yes*_______     If yes, how many__________   *If answered yes, please see additional equipment listed below. ***Additional equipment that can be purchased through ALLTEL. ______  Efficient 2604 wired 4-port Gateway router / hub (2 to 4 computers)                $99.95 ______  Efficient 2624 wireless 4-port Gateway router / hub  (2 to 4 computers)         $199.95                  ****For each computer being networked you will need a NIC card listed below:               Efficient 1021 wireless NIC card) $99.95 each ______how many? ______  Efficient 827H Business router ______  Efficient 827H w / IP security Business class router Your Alltel sales representative is: Sue Sanchez  281/490-9474  Fax 281/242-1414