Disruption of Service & Credit Policy

Following information has been copied from the Fibercast Service Terms sheet (available at http://www.fibercast.net/terms) and has been given here as a reference. In the event of a conflict between forms, the following will be the order of priority: First, the Application for Service & Agreement; Second, this Fibercast service terms; Third, the AUP.

Disruption of Service.

The Service(s) are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service(s) could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service(s).

In all other cases of an interruption of the Service(s), you shall be entitled upon a request made in-writing within sixty (60) days of such interruption, to a pro rata credit for any Service(s) interruption exceeding 48 consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law.

Please send all your requests to the following address:

FiberCast
Attn: Credit Requests
PO Box 102
East Derry, NH 03041-0102

Make sure to include:

• Account number and the name on the account
• Type of trouble reported and date
• Trouble ticket number
• Resolution

Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service(s) interruption and excludes 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, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE(S). Any credits provided by Fibercast are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Fibercast.