Veracity Networks

I. INTRODUCTION
This Residential Customer Agreement (“Agreement”) sets forth the terms and conditions governing the purchase and use of Veracity Networks, Inc’s and its affiliated companies’ (collectively “Veracity Networks”) products and services including, but not limited to, Veracity Networks voice, data, and video service. This Agreement also sets forth the terms and conditions governing the rental or use of Veracity Networks equipment including, but not limited to, set-top boxes, television remote controls, video cables, power cables, uninterruptable power supplies, fiber optic home gateways, voice integrated access devices, and voice terminal adapters. For purposes of this Agreement, “Subscriber” means the customer or consumer of Veracity Networks services.

II. TRANSFER LIMITS
Residential bandwidth transfer limits are set to 100 Gig/month. This measures the amount of traffic sent through your connection on a monthly basis. Once bandwidth transfers exceed the 100 Gig/month limit, Veracity Networks will bill $1.00 per Gig thereafter. top

III. RESIDENTIAL USE OF SERVICE AND DEVICE
If you subscribe to our residential service plans, we provide you with service and the device solely for single family, normal residential, non-commercial use. Single family refers to you and those of your immediate family members who reside in your personal residence - e.g., spouse, domestic partner, and/or children. If you subscribe to a service plan which permits use of more than one device with the same voice line, the basis for assessing such use will not change. top

IV. INCONSISTENT WITH NORMAL USE
If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at Veracity Networks sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive numbers and/or consistent excessive usage (i.e., More than 5,000 minutes per line per month for unlimited residential calling) will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review by us. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered indicators that use of the service may be inconsistent with normal use for the subscribed monthly plan(s) and may trigger an account review by Veracity Networks. Failure to contact Veracity Networks in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in Veracity Networks sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and device or other rebate recovery charges. Veracity Networks right to terminate your account under Section K (1) (with or no reason) is not limited by this provision. top

V. ACCEPTANCE
BY SUBSCRIBING TO, USING, OR PAYING FOR VERACITY NETWORKS PRODUCTS OR SERVICES, SUBSCRIBER AGREES TO THE PRICES, CHARGES, TERMS, AND CONDITIONS CONTAINED IN THS AGREEMENT. THIS AGREEMENT BECOMES BINDING UPON SUBSCRIBER WHEN SUBSCRIBER SUBSCRIBES, USES, OR PAYS FOR ANY OF VERACITY NETWORKS PRODUCTS OR SERVICES. IF SUBSCRIBER DOES NOT AGREE TO THESE PRICES, CHARGES, TERMS, OR CONDITIONS, SUBSCRBER SHOULD NOT USE ANY OF VERACITY NETWORKS PRODUCTS OR SERVICES AND MUST IMMEDIATELY CANCEL THE SERVICES BY CALLING VERACITY NETWORKS AT (801)854-5800. SUBSCRIBER WILL BE RESPONSIBLE FOR ANY AND ALL CHARGES ASSOCIATED WITH ANY OF VERACITY NETWORKS PRODUCTS OR SERVICES THAT SUBSCRIBER USES. top

VI. CONTENTS
This Agreement incorporates by reference Veracity Networks Customer Activation Form, Veracity Networks Acceptable Use Policy (“AUP”), Veracity Networks Privacy Policy, and Veracity Networks e-Bill Policy. A violation of any of these policies or agreements constitutes a violation of this Agreement. top

VII. TERMS AND CONDITIONS

A.
Veracity Networks’s Product and Service Offering. Veracity Networks offers its products and services to Subscribers in the following manner:

1.
Standard Offerings. Veracity Networks’s Standard Offerings, including features and pricing, are contained on Veracity Networks’s website (www.VeracityNetworks.com) under the terms and conditions section (click here for standard pricing). Subscriber may subscribe to Veracity Networks’s Standard Offerings by filling-out, signing, and returning to Veracity Networks a Customer Activation Form or by calling Veracity Networks. In the event that any term or condition on the Customer Activation Form conflicts with the terms and conditions on Veracity Networks’s website, Veracity Networks’s website governs. Veracity Networks offers its Standard Offerings on a month-to-month basis. Unless Subscriber notifies Veracity Networks in writing of Subscriber’s desire to terminate, the terms and conditions (including Subscriber’s obligation to pay) of Veracity Networks’s Standard Offerings shall automatically renew each month. If Subscriber terminates in the middle of a billing cycle, Subscriber shall be responsible for all charges through the end of the billing cycle. Veracity Networks reserves the right to change its Standard Offerings at any time with or without notice to Subscriber. top

2.
Promotional Offerings. From time-to-time, Veracity Networks may offer Promotional Offerings. Veracity Networks’s Promotional Offerings, including features and pricing, are contained on Veracity Networks’s website (www.VeracityNetworks.com) under the terms and conditions section. Subscriber may subscribe to Promotional Offerings by filling-out, signing, and returning to Veracity Networks a Customer Activation Form containing the Promotional Offerings or by calling Veracity Networks. In the event that any term or condition on the Customer Activation Form conflicts the terms and conditions on Veracity Networks’s website, Veracity Networks’s website governs. Subscriber acknowledges that Veracity Networks may change, modify, or revoke Promotional Offerings at any time and that Subscriber may not be eligible for all Promotional Offerings. To the extent a Promotion Offering requires Subscriber to maintain Veracity Networks’s products or services for a certain length of time, Subscriber agrees to maintain and pay for Veracity Networks’s products or services for that length of time. Upon the expiration or termination of a Promotional Offering to which Subscriber subscribed, Subscriber shall receive Veracity Networks’s then current Standard Offering. top

B. Use and Availability of Products and Services.

1.
If the products or services that Veracity Networks delivers to Subscriber are different than the products or services that Subscriber selected, Subscriber shall immediately notify Veracity Networks. Subscriber shall be responsible for any and all charges associated with any products or services that Subscriber uses regardless of whether Subscriber ordered such products or services. Subscriber should not use any products or services that Subscriber did not order. top

2.
Subscriber hereby agrees to use Veracity Networks’s products and services for personal residential purposes only. Subscriber shall not use Veracity Networks’s products or services for any business (including non-profit business), professional, high volume, commercial, or governmental purposes or for any purposes that are inconsistent with normal residential usage. Subscriber shall not resell Veracity Networks’s products or services to any third-party or otherwise enable, facilitate, or allow any third-party to use or access Veracity Networks’s products or services including, but not limited to, allowing third-parties to access Veracity Networks’s products and services via a wireless router or access point. If Veracity Networks discovers that Subscriber has used Veracity Networks’s products and services for any non-residential purposes other than incidental business, professional or commercial use, Veracity Networks may, along with all other remedies available to Veracity Networks, charge Subscriber and Subscriber hereby agrees to pay, the non-residential rate for Veracity Networks’s products and services that Subscriber used. top

3.
Veracity Networks’s products and services may not be available in all areas or at the rates, speeds, or bandwidth generally marketed. Veracity Networks provides products and services on a per line basis (not per device basis). Subscriber acknowledges and agrees that the performance of Veracity Networks’s products and services will vary depending on a number of factors such as the number, type, and configuration of devices and the manner in which the device uses Veracity Networks’s network. The speed of Veracity Networks’s products and services will vary based on network or internet congestion, Subscriber’s computer configuration, the condition of the voice, video or data lines, and the wiring inside Subscriber’s location. Veracity Networks reserves the right, at any time, with or without prior notice to Subscriber, to restrict or suspend Veracity Networks’s products or services to perform maintenance activities and to maintain session control. top

4.
Veracity Networks’s product and services are only offered and delivered to the service address designated by the Subscriber at the time the Subscriber signs up for service. Once Veracity Networks performs the installation at the service address, Subscriber may not change the service address. If Subscriber moves from the service address to another residence in an area in which Veracity Networks provides service, Subscriber may request Veracity Networks to transfer services to the new address. Transfer fees, installation fees, contract renewal, or a new contract may be required to transfer service addresses. Veracity Networks reserves the right to deny any transfer requests for any reason. top

C. Charges and Payments.

1.
Agreement to Pay and Prices. Subscriber hereby agrees to pay Veracity Networks for the products and services to which Subscriber has subscribed and for the products and services that Subscriber uses. Subscriber hereby agrees to pay all surcharges, recovery fees, activation fees, installation fees, set-up fees, equipment charges, early termination fees, and other recurring and nonrecurring fees, as applicable. Subscriber hereby acknowledges and agrees that Subscriber is responsible for the use of Veracity Networks’s products or services, whether by Subscriber or someone using Subscriber’s account with or without Subscriber’s permission. top

2.
Pay By Due Date. Subscriber hereby agrees to pay all bills and invoices on or before the due date listed on the bill or invoice. If Subscriber elects to pay any bills or invoices with an automatic credit card charge or ACH transaction, Subscriber agrees and acknowledges that Veracity Networks may charge Subscriber’s credit card charge or process the ACH transaction in advance of the due date listed on the bill or invoice including, but not limited to, the statement date of the bills or invoices. Subscriber agrees to pay all bills and invoices in U.S. currency. Veracity Networks does not waive its right to collect the full amount due if Subscriber pays late or pays only part of the amount due, even if Subscriber writes “Paid in Full” or similar words on any correspondence or payment to Veracity Networks. top

3.
Late Fees and Collections Fees: If subscriber fails to pay a bill or invoice on or before the due date listed on the bill or invoice, Veracity Networks may, as allowed by law, charge a late fee of $10 per month while there is a past due amount or 2% per month of the past due amount, whichever is greater. If state or federal law requires a different fee or interest rate, Veracity Networks will charge that amount and apply that rate.

In the event any amount(s) is/are referred to a third party debt collection agency, subscriber hereby agrees, that in addition to any other amount(s) allowed for by law, (such as interest, court costs, reasonable attorney’s fees, etc.) subscriber will also be responsible for a collection fee of up to 40% of the principal amount(s) owing as allowed by Utah Code Annotated, sec. 12-1-11. top

4.
Returned Checks. If Subscriber’s check, bank draft, or electronic funds transfer is returned for insufficient funds or if Subscriber’s credit card fails to honor any charges, Veracity Networks may charge Subscriber an additional amount up to $50.00. If state or federal law requires a different fee, Veracity Networks will charge that amount. top

5.
Prepaid Services. Veracity Networks offers services, except voice long distance, on a prepaid basis only. Accordingly, Veracity Networks will bill and collect payment for products and services, except voice long distance usage, in advance. To determine the charge for voice long distance usage, Veracity Networks will round up to the next full minute for any fraction of minutes used. top

6.
Format of Bill. Veracity Networks will determine the format of the bill or invoice and the billing period. Veracity Networks may change both the format of the bill or invoice and the billing period from time to time with or without notice to Subscriber. top

7.
Billing Disputes. Except as may be required by any applicable laws or regulations, any and all billing inquiries or disputes must be referred to Veracity Networks within thirty (30) days from the date the disputed charges first appeared on Subscriber’s bill or invoice. Subscriber shall pay Veracity Networks the undisputed portion of the bill to avoid discontinuance of products and services for non-payment. Subscriber may contact Veracity Networks by sending an email to billing@VeracityNetworks.com, by calling (801) 691-5800, or by sending a correspondence to Veracity Networks Networks, Billing Department, 749 North 300 West, Provo, Utah 84601. If Subscriber fails to dispute a charge within thirty (30) days from the date the disputed charge first appeared on Subscriber’s bill or invoice, Subscriber shall be deemed to have accepted and acknowledged the charge as correct and accurate. top

D.
Price Changes. Veracity Networks may change prices and charges associated with its Standard Offerings and Promotional Offerings from time to time. Price changes shall be effective on the first day of the month following the month in which Veracity Networks provides notice of the price change. Notice will be considered given and effective on the date Veracity Networks posts such notice on its website or on the date it provides written or electronic notice to Subscriber. If Veracity Networks increases its prices and charges for its Promotional Offerings (not including any Standard Offering upon which a Promotional Offering may be based) during the promotional period by more than 15% per year, Subscriber may terminate service without incurring an early termination charge. Subscriber, however, must pay for services used prior to termination. By continuing to use Veracity Networks’s products or services after any price and charge changes are in effect, Subscriber accepts and agrees to all price and charge changes. top

E.
Terms and Conditions Revisions. Veracity Networks may revise and modify the terms and conditions of this Agreement (including, without limitation any of the policies incorporated by reference). Revisions to this Agreement shall be effective on the first day of the month following the month in which Veracity Networks provides notice of the material revisions. Notice will be considered given and effective on the date Veracity Networks post such notice on its website or on the date it provides written or electronic notice to Subscriber. If Subscriber does not agree with Veracity Networks’s revisions, Subscriber must immediately terminate Subscriber’s subscription in accordance with this Agreement. By continuing to use Veracity Networks’s products or services after revisions are in effect, Subscriber accepts and agrees to all revisions. top

F.
Taxes and Other Charges. Subscriber agrees to pay all taxes, fees, surcharges and other charges that Veracity Networks bills Subscriber for products and services unless Subscriber produces satisfactory documentation demonstrating that Subscriber is exempt from such taxes, fees, surcharges, and other charges. Taxes and surcharges will be in the amounts that federal, state, and local authorities require or allow Veracity Networks to bill Subscriber. Veracity Networks will not provide advance notice of changes to taxes and surcharges, except as required by applicable law. top

G.
Credit Checks and Security Deposits. Subscriber hereby gives Veracity Networks permission to obtain Subscriber’s credit information from consumer credit reporting agencies at any time. Subscriber agrees that Veracity Networks may require Subscriber to make a security deposit as a condition of Veracity Networks providing products or services to Subscriber if Veracity Networks, in its sole and absolute discretion, determines that Subscriber credit history or rating is questionable. Veracity Networks will pay interest on deposits to Subscriber as required by applicable law.top

H.
Refunds. To the extent permitted by applicable law and regulations, Veracity Networks does not provide refunds and all sales are final.

I. Equipment.

1.
Subscriber hereby agrees to use only Veracity Networks approved equipment to connect to Veracity Networks’s network and to use Veracity Networks’s products and services. Subscriber hereby agrees to use such equipment only for its intended purposes and to connect video equipment only to ports labeled by Veracity Networks as “video”, voice equipment only to ports labeled by Veracity Networks as “voice” and data equipment only to ports labeled by Veracity Networks as “data.” Veracity Networks shall not be liable for any damage to any equipment that Subscriber connects to Veracity Networks’s network or uses to use Veracity Networks’s products or

2.
Subscriber understands and acknowledges that some of Veracity Networks’s products and services (i.e., data service) may require Subscriber to use Subscriber’s own equipment (i.e., personal computer) to take full advantage of Veracity Networks’s products and services. Veracity Networks will not be liable for Subscriber’s inability to use, partial use, or diminished use of Veracity Networks’s products or services due to the failure or inability of Subscriber to provide, furnish, or properly use the necessary equipment. Veracity Networks will not be liable for Subscriber’s inability to use, partial use, or diminished use of Veracity Networks’s products or services due to the failure of any equipment supplied or provided by Subscriber. Subscriber remains liable for all prices and charges associated with the products or services regardless of whether Subscriber actually uses the products or services. top

3.
Equipment that Veracity Networks supplies to Subscriber shall remain at all times property of Veracity Networks. Nothing in this Agreement shall be construed as transferring any interests in Veracity Networks’s equipment and property to Subscriber. Veracity Networks reserves the right to change, modify, update, or otherwise alter Veracity Networks equipment at any time. Subscriber hereby agrees to not use any Veracity Networks equipment for any purposes other than to use Veracity Networks’s products and services pursuant to this Agreement. Subscriber agrees that it will not allow anyone other than Veracity Networks to service or repair Veracity Networks equipment. Subscriber hereby agrees that Subscriber will not attempt to sell, transfer, lease, encumber or assign all or part of any Veracity Networks equipment to any third party. top

4.
Subscriber hereby authorizes Veracity Networks and its employee, agents, contractors, and other representatives to enter the premises where Veracity Networks’s equipment is located to install, inspect, maintain, service, repair, or remove any Veracity Networks equipment. Veracity Networks shall make reasonable efforts to arrange a mutually agreeable with Subscriber for entrance onto Subscriber’s premises. Subscriber hereby represents and warrants that Subscriber is the owner or tenant of the premises where Veracity Networks’s equipment is located and that Subscriber has authority to grant access to such premises. If Subscriber does not have authority to grant such access, Subscriber hereby agrees to immediately provide Veracity Networks the name, address, and contact information of the person with authority to grant access. Veracity Networks will not be liable to Subscriber for any claims or damages arising from Veracity Networks’s inability to access its equipment. Subscriber hereby agrees to indemnify, defend, and hold harmless Veracity Networks and its affiliates and agents against all claims and expenses arising Veracity Networks’s entrance onto such premises. top

J.
Unreturned Equipment Charges. Subscriber hereby agrees to return to Veracity Networks all Veracity Networks equipment that Subscriber uses or rents from Veracity Networks within thirty (30) days of the date Subscriber terminates services. If Subscriber fails to return to Veracity Networks all Veracity Networks equipment that Subscriber uses or rents from Veracity Networks within thirty (30) days of the date Subscriber terminates services, Veracity Networks may charge Subscriber (1) an unreturned equipment charge, and (2) a late fee of 10% of the total unreturned equipment charge. Subscriber authorizes Veracity Networks to charge Subscriber's credit card account on record in the amount determine by Veracity Network for any unreturned equipment. Upon return of all Veracity Networks equipment, Veracity Networks may refund any unreturned equipment charge that Veracity Networks assessed against Subscriber at Veracity Networks’s discretion. Veracity Networks will not refund any late charges. Unreturned equipment charges are subject to change without notice:

$400.00 per receiver

$50.00 per remote

$25.00 per cord (including but not limited to power cords, data cords, and HDMI cords)

$150.00 Miscellaneous hardware charge top

K.
Termination and Early Termination Fees. Veracity Networks or Subscriber may terminate this Agreement without cause at any time by giving written notice to the other party. Termination shall be effective on the last day of the billing cycle in which Veracity Networks or Subscriber provides notice. Subscriber is responsible for all charges from the date Subscriber delivers notice of termination to the end of the billing cycle. If Subscriber subscribes to Promotional Offerings, Subscriber is responsible for any and all early termination fees that may apply. top
1.
Default and Termination. Customer or Veracity Networks may termiate this Agreement during a term only for cause (un-cured material breach) after giving 30 days prior written notice with no further obligations. Prior to any party having ability to terminate for Cause, a party shall be required to give written notice to the breaching party of any alleged breach giving Cause and allow 30 days for the breaching party to cure such breach. Notwithstanding the foregoing in the event of the failure by customer to make payment on or before the Due Date, Veracity Networks shall, at its option have the right, upon (3) days prior written notice, to terminate the Services previously provided under this Agreement. For purposes of this Agreement “Cause” shall mean any un-cured material breach of the term of this Agreement. If Veracity Networks terminates this Agreement WITH CAUSE or Customer terminates this Agreement WITHOUT cause, Veracity Networks is entitled to all collection expenses, attorney’s fees and costs. In the event of termination of Services by Veracity Networks WITH cause or by the Customer WITHOUT cause, Customer shall also pay the charges set forth below:

2.
For termination prior to installation of Service and after execution of this Agreement, early termination charges shall for any expenses incurred by Veracity Networks through termination. Including installation, provisioning and equipment purchase costs. top

3.
For termination after the Service Activation Date , customers shall be obligated to the following terms depending on the service area.

a. Provo: if the customer is a new installation cancelling in the first 12 months, the fee is $600 or 75% of the remaining contract, whichever is less. Any customers cancelling after 12 months of service, the cancellation fee is $90.

b. Utopia areas: if the customer is a new installation cancelling in the first 12 months, the fee is $1,000. If the customer is a switch-over customer and is cancelling in the first 12 months the fee is $300 or 75% of the remaining contract, whichever is less. If a customer cancels in the 2nd or 3rd year of the contract, the cancellation is 25% of the remaining contract or $95, whichever is greater. top

4.
In all cases for Termination by Veracity WITH cause or by the Customer WITHOUT cause, in addition to the charges identified in SECTION 2 and 3 above, the Customer shall pay for Services actually received: repay Veracity Networks for any and all credits, discounts, and/or waived installation costs received in anticipation of a long-term Agreement; and reimburse Veracity Networks for the reasonable costs it incurred in setting up Customer’s Service (including the costs of an equipment installed and not returned in “as new” condition). Customer agrees that Veracity’s damages for early termination would be difficult to determine, and the termination charge(s) constitutes a reasonable estimate of appropriate liquidated damages and that such is not a penalty. In the event Customer cancels services in writing, (Veracity’s Cancellation Form) charges for services will stop billing at the end of the applicable billing period. top

L.
Suspension and Discontinuance of Services. To the extent permitted by law or regulation, Veracity Networks may, without notice, limit, suspend, discontinue, or terminate products or services Veracity Networks provides Subscriber if:

1.
Subscriber is in breach of any of the terms of this Agreement, including Veracity Networks’s AUP, Privacy Policy, or e-Bill Policy, or is in breach of any payment obligations with respect to Veracity Networks’s products or services, or if charges owed by Subscriber to Veracity Networks are past due;

2.
Subscriber’s use of Veracity Networks’s products or services is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction of the products or services, Veracity Networks’s network, or the use and enjoyment of others;

3.
Veracity Networks is required by a judicial, legislative, or regulatory body of competent jurisdiction to suspend or terminate Subscriber’s products or services;

4.
A ruling, regulation, or order is issued by a judicial, legislative, or regulatory body that conflicts with this Agreement;
5.
Veracity Networks, for any reason, ceases to offer products or services in whole or in part;

6.
Subscriber no longer meets the prerequisites for the product or service;

7.
Subscriber or any user of Subscriber’s service or any authorized contact on Subscriber’s account threatens Veracity Networks’s representatives, uses vulgar and/or inappropriate language toward Veracity Networks’s representatives, spams or engages in any other abusive messaging or calling;

8.
Veracity Networks takes actions to prevent or to protect against fraud or to otherwise protect Veracity Networks’s personnel, agents, facilities, or services;

9.
Subscriber uses, or attempts to use, Veracity Networks’s products or services for commercial, business, or other non-residential purposes; or

10 For any good cause.

Veracity Networks shall have sole discretion in its determination of whether any of the aforementioned conditions are met or satisfied.

M.
Reconnect Fee. If Subscriber desires to restore any products or services after Veracity Networks limited, suspended, discontinued, or terminated such products or services or after Subscriber terminated any such products or services, Veracity Networks may charge and Subscriber agrees to pay a reconnect fee to restore such products or services. top

N.
Repair or Service. Veracity Networks reserves the right to suspend or otherwise interrupt Veracity Networks’s products or services to make necessary repairs or changes in our facilities. Veracity Networks may refuse to repair products or services if Veracity Networks determines that the conditions at Subscriber’s premises are unsafe for Veracity Networks or Veracity Networks’s agents. top

O.
Network Management. Veracity Networks reserves the right to use, copy, display, store, transmit and reformat data transmitted over Veracity Networks’s network and to distribute such content to multiple Veracity Networks servers for back-up and maintenance purposes. Veracity Networks reserves the right to block or remove any unlawful content that Subscriber stores on or transmits to or from any Veracity Networks server. Veracity Networks does not guarantee the protection of Subscriber’s content or data located on Veracity Networks’s servers or transmitted across Veracity Networks’s network (or other networks) against loss, alteration or improper access. Veracity Networks measures and monitors network performance and the performance of Veracity Networks’s products, services, and network. Veracity Networks also will access and record information about your computer and equipment profile and settings and the installation of software we provide. Subscriber hereby agrees to permit Veracity Networks to access Subscriber’s computer and equipment and to monitor, adjust and record such data, profiles, and settings for the purpose of providing products and services. Subscriber also agrees and consents to Veracity Networks’s monitoring of Subscriber’s internet connection and network performance, and to Veracity Networks’s accessing and adjusting Subscriber’s computer settings as they relate to Veracity Networks’s products and services. Subscriber agrees that Veracity Networks may limit, adjust or otherwise modify Subscriber’s internet connection. top

P.
Limitations on 911 Emergency Response Services and Telephone Numbers.

1.
VERACITY NETWORKS LIABILITY TO SUBSCRIBER, TO ANYONE DIALING 911 USING VERACITY NETWORKS PRODUCTS OR SERVICES, OR TO ANY OTHER PERSON OR PARTY, FOR ANY LOSS OR DAMAGE ARISING FROM ERRORS, INTERRUPTIONS, OMISSIONS, DELAYS, DEFECTS, OR FAILURES OF 911 SERVICES WHETHER CAUSED BY VERACITY NETWORKS NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF OUR CHARGES FOR SUCH SERVICES DURING THE AFFECT PERIOD OF TIME. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITIONS CONTAINED IN THIS AGREEMENT. top

2.
SUBSCRIBER HEREBY AGREES THAT A PRODUCT OR SERVICE OUTAGE DUE TO SUSPENSION OF SUBSCRIBER’S ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT ALL PRODUCTS AND SERVICES INCLUDING 911 EMERGENCY RESPONSE SERVICES. top

3.
SUBSCRIBER AGREES THAT ANY 911 CALLS MADE USING VERACITY NETWORKS PRODUCTS OR SERVICES MAY BE SUBJECT TO THIRD-PARTY UPSTREAM CARRIER ACTIONS, NETWORK CONGESTIONS AND/OR REDUCED ROUTING OR PROCESSING SPEED. IF SUBSCRIBER HAS CALL FORWARDING, DO NOT DISTURB, SIMULATENEOUS RING OR OTHER FEATURES PROGRAMMED AND IN USE AT THE TIME SUBSCRIBER DIALS 911 AND SUBSCRIBER’S CALL IS INTERRUPTED, THE EMERGENCY DISPATCHER MAY NOT BE ABLE TO CALL BACK SUBSCRIBER AT THE PHONE FROM WHICH SUBSCRIBER DIALED. top

4.
SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT 911 CALLS AND VOICE-OVER-INTERNET-PROTOCOL (“VOIP”) CALLS MADE ON VERACITY NETWORKS NETWORK OPERATE DIFFERENTLY THAN TRADITION PHONE SERVICE AND DEPEND ON, AMONG OTHER THINGS, POWER SUPPLY, CONNECTIVITY TO THE NETWORK, AND SUBSCRIBER PROVIDED INFORMATION. IF THE POWER SUPPLY TO ANY VOICE EQUIPMENT IS INTERRUPTED, SUBSCRIBER WILL NOT BE ABLE TO MAKE 911 CALLS AND, ONCE THE POWER SUPPLY IS RESTORED, SUBSCRIBER MAY BE REQUIRED TO RESET, RECONFIGURE, OR REBOOT EQUIPMENT TO MAKE 911 CALLS. VERACITY NETWORKS SHALL NOT BE LIABLE FOR SUBSCRIBER’S FAILURE TO MAKE 911 CALLS DUE TO A POWER FAILURE. IF SUBSCRIBER’S CONNECTION TO VERACITY NETWORKS NETWORK IS INTERRUPTED (i.e., SUBSCRIBER UNPLUGGING THE NETWORK CONNECTION), SUBSCRIBER WILL NOT BE ABLE TO MAKE 911 CALLS. VERACITY NETWORKS SHALL NOT BE LIABLE FOR SUBSCRIBER’S FAILURE TO MAKE 911 CALLS DUE TO LACK OF NETWORK CONNECTIVITY. IF SUBSCRIBER FAILS TO PROVIDE ACCURATE INFORMATION TO VERACITY NETWORKS, SUCH AS LOCATION INFORMATION, EMERGENCY SERVICES MAY NOT OPERATE PROPERLY AND EMERGENCY PERSONNEL MAY NOT BE ABLE TO LOCATE SUBSCRIBER. VERACITY NETWORKS SHALL NOT BE LIABLE FOR SUBSCRIBER’S FAILURE TO MAKE 911 CALLS OR FAILURE OF PROPER OPERATION OF EMERGENCY SERVICES CALLS DUE TO INACCURATE SUBSCRIBER INFORMATION. top

5.
SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT IT HAS NO RIGHTS OR CLAIM TO ANY TELEPHONE NUMBERS OR EMAIL ADDRESSES THAT VERACITY NETWORKS MAY ASSIGN TO SUBSCRIBER AND THAT VERACITY NETWORKS MAY REVOKE, MODIFY, CHANGE OR REASSIGN ANY TELEPHONE NUMBER OR EMAIL ADDRESS AT ANY TIME. SUBSCRIBER ALSO ACKNOWLEDGES AND AGREES THAT VERACITY NETWORKS WILL USE ITS BEST EFFORTS TO PROTECT FROM DISCLOSURE TELEPHONE NUMBERS THAT SUBSCRIBERS REQUEST TO BE “UNLISTED”, BUT THAT VERACITY NETWORKS SHALL NOT BE LIABLE FOR ANY RELEASE OR DISCLOSURE OF ANY TELEPHONE NUMBER TO ANY THIRD PARTIES. top

Q. Limitation of Liability and Disclaimer of Warranties.

1.
VERACITY NETWORKS PROVIDES PRODUCTS AND SERVICES ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH ALL FAULTS. VERACITY NETWORKS AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, THRID-PARTY LICENSORS, PROVIDERS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONCERNING VERACITY NETWORKS’S PRODUCTS AND SERVICES. VERACITY NETWORKS DOES NOT WARRANT THAT ITS PRODUCTS AND SERVICES WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. top

2.
IN NO EVENT SHALL VERACITY NETWORKS AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, THRID-PARTY LICENSORS, PROVIDERS, AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF REVENUE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO USE VERACITY NETWORKS’S PRODUCTS OR SERVICES REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERACITY NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. IN NO EVENT SHALL VERACITY NETWORKS AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, THRID-PARTY LICENSORS, PROVIDERS, AND SUPPLIERS BE LIABLE FOR ANY CLAIMS AGAINST SUBSCRIBER BY ANY OTHER PARTY. top

3.
VERACITY NETWORKS SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE PRODCUTS OR SERVICES, AT ANY TIME OR FROM TIME-TO-TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING:

a.
ACT OR OMMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR, OR OTHER THIRD PARTY;

b.
EQUIPMENT, NETWORK OR FACILITY FAILURE, UPGRADE, SHORTAGE, RELOCATION, OR MODIFICATION;

c.
EQUIPMENT, NETWORK, OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO YOU; OR

d.
ANY OTHER CAUSE THAT IS BEYOND VERACITY NETWORKS’S CONTROL. top

4.
VERACITY NETWORKS’S LIABILITY FOR ANY FAILURES OR MISTAKES SHALL IN NO EVENT EXCEED PRODUCT AND SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. top

5.
TO THE EXTENT ALLOWED BY LAW, THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE SUBSCRIBER’S SOLE AND EXCLSIVE REMEDIES. top

6.
VERACITY NETWORKS RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMSAGAINST SUBSCRIBER PERTAINING TO SUBSCRIBER’S USE OR MISUSE OF VERACITY NETWORKS’S PRODUCTS AND SERVICES OR FOR SUBSCRIBER’S BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE PRODUCTS OR SERVICES). top

7.
NEITHER VERACITY NETWORKS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WILL BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO VERACITY NETWORKS’S OR SUBSCRIBER’S TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, OR DESTRUCTION OF SUBSCRIBER’S DATA FILES, PROGRAM’S, PROCEDURES, OR INFORMATION REGARDLESS OF WHETHER SUCH DAMAGES OCCURS AS A RESULT OF VERACITY NETWORKS’S NEGLIGENCE. top

8.
SUBSCRIBER IS SOLELY RESPONSIBLE FOR MANAGEMENT OF SUBSCRIBER’S INFORMATION AND DATA. SUBSCRIBER AGREES THAT VERACITY NETWORKS IS NOT RESPONSIBLE FOR THE LOSS OF SUBSCRIBER’S DATA OR FOR THE BACK-UP OR RESTORATION OF SUBSCRIBER’S DATA REGARDLESS OF WHETEHR THIS DATA IS MAINTAINED ON VERACITY NETWORKS’S SERVERS OR EQUIPMENT. SUBCRIBER SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON VERACITY NETWORKS’S OR ANY THIRD-PARTY’S COMPUTERS OR EQUIPMENT. top

9.
SUBSCRIBER ACKNOWLEDGES AND AGREES THAT VERACITY NETWORKS IS NOT RESPONSIBLE FOR INVALID INTERNET DESTINATIONS, TRANSMISSION ERRORS, OR THE CORRUPTION OF SUBSCRIBER’S DATA. VERACITY NETWORKS DOES NOT GUARANTEE SUBSCRIBER’S ABILITY TO ACCESS ALL WEBSITES, SERVERS, OR OTHER FACILITIES OR THAT VERACITY NETWORKS’S PRODUCTS OR SERVICES ARE SECURE OR WILL MEET YOUR NEEDS. top

10.
SUBSCRIBER ACKNOWLEDGES THAT VERACITY NETWORKS’S PRODUCTS AND SERVICES MAY ALLOW ACCESS TO INFORMATION THAT MAY BE SEXUALLY EXPLICIT, OBSCENE, OR OFFENSIVE OR OTHERWISE UNSUITABLE FOR CHILDREN. SUBSCRIBER AGREES THAT THE SUPERVISION OF THE USE OF VERACITY NETWORKS’S PRODUCTS AND SERVICES BY CHILDREN IS SUBSCRIBER’S RESPONSIBLITY AND THAT VERACITY NETWORKS IS NOT RESPONSIBLE FOR ACCESS BY SUBSCRIBER OR ANY OTHER USERS TO OBJECTIONABLE OR OFFENSIVE MATERIALS OR CONTENT. top

11.
SUBSCRIBER AGREES THAT VERACITY NETWORKS IS NOT RESPONSIBILE FOR THE ACCURACY, INTEGRITY, QUALITY, COMPLETENESS, USEFULNESS, OR VALUE OF ANY CONTENT, ADVICE, OPINIONS OR INFORMATION THAT SUBSCRIBER MAY ACCESS THROUGH OR OVER VERACITY NETWORKS’S PRODUCTS, SERVICES, OR NETWORK. VERACITY NETWORKS DOES NOT REVIEW WEBISTES LINKED TO OR FROM ANY OF VERACITY NETWORKS’S PRODUCTS OR SERVICES AND VERACITY NETWORKS WILL NOT BE RESPONSIBLE FOR ANY LOSSES SUBSCRIBER INCURS FROM THRID-PARTY WEBSITES. top

R.
Indemnification. Subscriber agrees to defend, indemnify, and hold harmless Veracity Networks from and against any and all claims, losses, damages, fines, liabilities, penalties, costs, expenses, including reasonable attorneys’ fees, related to or arising from:

1.
Any violation of applicable laws, regulations or this Agreement by Subscriber (or any parties that use Subscriber’s account, with or without permission);

2.
Negligent acts, errors, omissions, by Subscriber (or any parties that use Subscriber’s account, with or without permission);

3.
Injuries to or death of any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement;

4.
Claims for infringement of any intellectual property rights arising from the use of Veracity Networks’s products or services, software, or the internet;

5.
The absence, failure, or outage of Veracity Networks’s products or services, including 911 emergency response services, and/or the inability of Subscriber or any third-party user of Subscriber’s account to be able to access emergency response center personnel. top

S.
Survivability. All obligations of the parties under this Agreement, which by their nature would continue beyond the termination, cancellation, or expiration of this Agreement, shall survive such termination, cancellation, or expiration. top

T.
Force Majure. Veracity Networks will not be liable for delays, damages, or failures in performance due to causes beyond Veracity Networks’s reasonable control, including but not limited to acts of a governmental body, acts of God, acts of third-parties, fires, floods, strikes, or other labor-related disputes, of other things that Veracity Networks does not control, or an inability to obtain necessary equipment or services. top

U.
Assignment and Third-Party Beneficiaries. Veracity Networks may assign all or any part of this Agreement without notice and Subscriber agrees to make all subsequent payments as directed. This Agreement is not for the benefit of any third-party except Veracity Networks’s parents, affiliates, subsidiaries, agents and predecessors and successors in interest. top

V.
Severability. If any of the terms or conditions in this Agreement are held to be invalid or unenforceable by a government body of competent jurisdiction, the holding shall not affect any other term or condition of this Agreement, and the Agreement shall be construed as if it did not contain the invalid or unenforceable term or condition. top

W.
Choice of Law and Jurisdiction. Subscriber hereby agrees that the substantive laws of the State of Utah, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. SUBSCRIBER HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SALT LAKE COUNTY, UTAH, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, any cause of action or claim Subscriber may have with respect to Veracity Networks’s products and services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. top

X.
Change in Law. Veracity Networks reserves the right to modify its products and services at any time without notice to reflect any change in any governing law, underlying network service or component affecting Veracity Networks’s products or services. top

Y.
Waiver. Veracity Networks’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. top

Z.
Entire Agreement. This Agreement, including all attachments and all other policies which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire Agreement between Veracity Networks and Subscriber with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by Subscriber to this Agreement, or any additional or different terms in Subscriber’s Customer Activation Form, purchase orders, acknowledgements or other documents, written or electronic, are void. top

AA.
Intellectual Property. Veracity Networks’s products and services and any firmware or software used to provide Veracity Networks’s products and services or otherwise provided to Subscriber are protected by trademark, copyright, or other intellectual property laws and international treaties. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names of Veracity Networks are and shall remain the exclusive property of Veracity Networks and nothing in this Agreement shall be construed as giving or granting Subscriber the right to use such marks. Subscriber acknowledges that Subscriber is not given any license to use any firmware or software other than a revocable, nontransferable, license to use such firmware or software (without making any modifications thereto) strictly in accordance with the terms and conditions of this Agreement and only in conjunction with using Veracity Networks’s products and services. Subscriber shall not attempt to reverse engineer, modify, hack, alter, or in any way replicate or change any of Veracity Networks’s products or services including, but not limited to, any firmware or software that Veracity Networks allows Subscriber to use to receive Veracity Networks’s products or servcies. top

AB.
Content. Subscriber is liable for any and all liability that may arise out of the content transmitted by or to Subscriber using Veracity Networks’s products or services. Subscriber shall assure that Subscriber’s use of Veracity Networks’s products and services complies at all times with all applicable laws, regulations, and instructions for use. top