BROADBAND (DEDICATED CIRCUIT) SERVICES
NOTE: THIS SECTION APPLIES TO ANY INTERNET ACCESS SERVICE

Services. Customer shall use the Broadband Services strictly in accordance with the Acceptable Use Policy and the Customer Policies, which are available at www.airespring.com/aup (collectively, “Policies” and which form a part of this Agreement). Airespring, Inc. reserves the right to change the Policies upon notice to Customer. Customer agrees that IP addresses are not guaranteed, transferable or provided for further distribution.

Fees and Payments. Customer shall pay for all Broadband Services and Products that Airespring furnishes to Customer at the applicable prices set forth in Customer’s Order Form. Customer shall also pay any repair, telephone charges and charges for inspection, installation or repair of wiring performed on Customer’s premises for the additional charges set forth in the Customer Policies. Monthly service charges, upgrades/downgrades, move orders and other charges related to service changes are pro-rated. Each month, Airespring shall bill Customer in arrears for non-recurring and pro-rata monthly charges (if any) as well as in advance for the monthly fees for the Broadband Services. In the event Customer orders any DS3, Fast Ethernet, Gig Ethernet, OC3, OC12 or other high speed service (excluding DS1 or below speeds), then Customer shall provide together with submission of the Order an initial payment equal to the quoted installation fees and one month’s Monthly Recurring Charges (MRC) for all loops and ports ordered. The amount received shall be applied against the initial installation fees charged on the first month’s invoice. The remainder will be credited against customer’s last monthly invoice.

Term and Termination of each Broadband Service. Customer agrees to purchase each Broadband Service for a minimum term of set forth on the Order Form (“Minimum Term”) from the date of Installation of such Broadband Service, as described herein. If a Minimum Term is not stated on the Order Form, it will be deemed to be one (1) year. Either party may terminate a particular Broadband Service at any time by providing at least thirty (30) days prior written notice; however, if Customer terminates a Broadband Service prior to the end of its Minimum Term, Customer will be responsible for all applicable disconnection fees as described in the Customer Policies (“Disconnection Fees”). Applicable Disconnection Fees shall be equal to the fees for the terminated Broadband Service for the remaining balance of its Minimum Term.

Products and Customer Equipment. Airespring may deliver to Customer certain software, hardware and documentation, including but not limited to CPE defined below (collectively, “Products”). Airespring grants to Customer a personal, limited, non-transferable, non-exclusive, license (without the right to sublicense or create derivative works) to use the software and documentation during the Term solely for Customer’s own internal use of the Broadband Services in accordance with this Agreement. Airespring will use commercially reasonable efforts to supply and configure the Airespring supplied equipment external to Customer’s personal computer (referred to as “Customer Premises Equipment” or “CPE”) to allow Customer to use the Broadband Services. Customer may supply its own Airespring-qualified CPE subject to the terms of this Agreement. Airespring is not responsible for the configuration of, or internal equipment for, Customer’s personal computer that may be necessary to make such computer compatible with the Broadband Services. If the CPE malfunction is the result of Customer’s abuse, misuse or reconfiguration of CPE or equipment, Airespring will charge Customer for the Field Service Technician visit (if applicable) at the rates set forth in the most current version of the Customer Policies and the cost of any replacement equipment. Airespring and its suppliers shall have no obligation or liability in connection with any equipment not purchased through Airespring and configured by Airespring, or for any abuse, misuse or reconfiguration (including, but not limited to, the addition of software or other devices on the CPE) of any equipment by any party other than Airespring.

Setup.“Installation” will be deemed to have occurred when Airespring can verify connectivity of the service ordered between the CPE and the Airespring DSLAM or other network equipment; or Airespring can verify Internet connectivity from a host on the Customer’s network to a host on the Internet, through a ping test or another applicable connectivity test, or five (5) calendar days after the Customer’s LEC confirms that the loop has been delivered, or when Airespring detects traffic on the Customer Circuit, whichever occurs first. A Customer’s order is closed at Installation. Customer will be responsible for any additional, unforeseen construction costs including, without limitation, inside wiring administration and special installation costs; provided, however that Airespring shall obtain Customer’s consent before incurring any such special costs.

Additional Disclaimers/SLA Credits. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY SERVICE RELATED CLAIM WILL BE AS SET FORTH IN EACH UNDERLYING PROVIDER’S STANDARD SERVICE LEVEL AGREEMENT (“SLA”), WHICH IS AVAILABLE FOR REVIEW ON THE UNDERLYING PROVIDER’S WEB SITE, OR ALTERNATIVELY MAY BE REQUESTED FROM AIRESPRING..

 Customer Provided CPE: Customer agrees to the following terms and conditions related to Customer-provided CPE:

    • Compatibility: Customer is solely responsible for ensuring that Customer-provided CPE complies with the compatibility guidelines published by Airespring.
    • Provisioning: Customer is solely responsible for ensuring the proper functioning of Customer-provided CPE. Airespring will not provide any assistance in the setup or configuration of Customer provided CPE at the time of installation.
    • Management of CPE: Customer is solely responsible for the management of Customer-provided CPE. Airespring’s Customer Support Center will not provide any assistance with the configuration or maintenance of Customer-provided CPE. If Airespring dispatches a Field Service Technician in response to a trouble ticket ultimately determined by Airespring to be the result of the Customer-provided CPE, Airespring will charge Customer for the Field Service Technician dispatch.
    • Warranty Disclaimer: In addition to the warranty disclaimers elsewhere in this Agreement, Airespring explicitly disclaims any and all warranty or maintenance responsibility for Customer-provided CPE. Any warranty claims, maintenance, or repairs for Customer-provided CPE will be the sole responsibility of Customer.
    • Service Level Agreement: Customer will not receive Service Level Agreement credits if Airespring determines that Customer-provided CPE contributed to the event for which Customer is requesting SLA credits.