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8.1
8.2
8.3
10.
'Consolidated’
communications Ss UOuHONS
Termination and Right to Suspend.
We reserve the right, without penalty or liability, to suspend or terminate the Service (or any portion thereof)
without notice in the event that you or your use of the Service, in our sole judgment, violates any term or condition
set forth in this Agreement, including, without limitation, violates any applicable Laws, our Acceptable Use Policy
(AUP) which is published on our web site (and incorporated herein by reference), or otherwise adversely affects,
may affect or otherwise threatens any portion of our or our network service provider(s)’ network software,
hardware, equipment, or services, or any of our or our network service provider(s)’ customers or employees. In
addition to our rights to suspend or terminate as set forth above, we reserve the right to immediately terminate the E-
DIA Service to you in the event we cease to offer E-DIA Service to customers, upon not less than thirty (30) days
advance notice.
Equipment, Hardware and Software.
Unless covered under separate agreements with us, you shall be responsible to provide for the proper selection,
installation, operation, and maintenance of your equipment, hardware, and software used in connection with the
E-DIA Service, and you shall ensure that such equipment, hardware, and software are technically and
operationally compatible with the E-DIA Service and in compliance with applicable Federal Communications
Commission rules and regulations. If you have chosen to purchase equipment or hardware, including any
software that may be installed thereon (the “Equipment”), and then title to the Equipment (other than any
software that may be installed thereon) shall vest with you upon payment in full to us for the Equipment. In the
event the Equipment is installed at your premises prior to payment in full, you shall: (a) safeguard the
Equipment from loss and damage; (b) obtain general liability insurance with property loss coverage equal to or
greater than the purchase price of the Equipment, and naming us as additional insured; and (c) maintain full
responsibility for the Equipment if any damage or injury occurs and pay for all repairs, or for the replacement of
the Equipment, if it is irreparable, lost or stolen.
In the event Consolidated Communications provides any software to you in connection with the Services, we
grant you a personal, non-exclusive, non-transferable license, for the duration of the Initial Term and any
subsequent renewals, to use such software in object code form only on the hardware on which it is installed for
the sole purpose of enabling you to use the Service. You acknowledge that such software is protected by the
copyright laws of the United States and foreign jurisdictions, and may be protected under the patent laws of the
United States and foreign jurisdictions, that title to such software, including any tangible media by which the
software was transferred to you, remains with us or our suppliers, and that the source code, content and design
of such software are valuable trade secrets. You are authorized to make one copy of the Software for backup
purposes only. You agree not to (a) disclose or make available to third parties any portion of such software
without our advance written permission; (b) further copy or duplicate such software; (c) reverse engineer,
decompile or disassemble such software, (d) make derivative works from such software; (e) modify such
software; (f) or use the software in a credit bureau capacity.
Upon termination or expiration of the Initial Term (unless extended by both parties), you agree to return to us
all hardware, equipment and software provided to you by us or a third party on our behalf in connection with
the Service (other than hardware, equipment and software which you have purchased from us). In the event
such hardware, equipment and software is not returned to us within thirty (30) calendar days following such
termination or expiration, we will charge you the undepreciated list price of the unreturned hardware and
software, in addition to all applicable late return fees.
Consolidated Communications Internet Responsibilities.
In addition to the responsibilities set forth in the Agreement, we shall (a) provide a TCP/IP routing service to
connect your network to our regional Internet, (b) coordinate the installation and order on your behalf, transportation
facilities from your premises to our network; (c) maintain ownership of all IP addresses, which are provided to you,
and (d) supply you with IP address space based on Internet policies for assigning address space.
Customer Responsibilities.
