Common use of Data Service Clause in Contracts

Data Service. This section applies only to those customers who subscribe to Data Services from Ziply Fiber. i) You acknowledge that the Data Service may be offered on a tiered basis and each tier may have throughput limits (namely, limits on the maximum rate at which you may send and receive data at any time), consumption limits (namely, limits on the amount of data that you may send or receive during the course of a month or shorter periods) and other similar limits, all as set forth in the Price List or the Terms of Use. You agree that Ziply Fiber may change the throughput, consumption and other applicable limits of any tiers by amending the Price List of the Terms of Use. Your continued use or payment for the Data Service will constitute your acceptance of any new limits. You also agree that Ziply Fiber may use technical means, including but not limited to suspending or reducing the speed of your service, to ensure compliance with these limits and the Terms of Use, and that Ziply Fiber may move you to a higher tier of Data Service or impose other charges and fees if your use exceeds these limits. You further agree that Ziply Fiber has the right to monitor your usage patterns to facilitate the provision of the Data Service and to secure your compliance with the Terms of Use. Ziply Fiber may take such steps as it determines appropriate in the event your usage of the Data Service does not comply with the Terms of Use. ii) You acknowledge that, although the Data Service provides a connection to the Internet, the Internet is an international computer network that is not owned, operated or managed by, or in any way affiliated with Ziply Fiber. Ziply Fiber cannot and does not guarantee that the Data Service will provide Internet access that is sufficient to meet your needs. You understand that any speeds mentioned in connection with the Data Service are “up to” the mentioned speed and are not guaranteed. The actual speed and reliability of the Data Service can be affected by a number of factors, including, without limitation, the level of network traffic, the number and type of devices in use at any one time in your house, the distance between your device and any wireless transmitting equipment, the capacity of the server you are attempting to connect to across the internet, and configuration of your computer or other device. iii) You acknowledge that the Data Service provides a connection to the Internet that may be unfiltered and that Ziply Fiber neither controls nor assumes responsibility for any content on the Internet or content that is posted by a subscriber. Although Ziply Fiber may make available certain parental control features, you acknowledge that such parental control features may not be entirely effective or foolproof and that, notwithstanding such features, you or members of your household may be exposed to unfiltered content. iv) You agree that Ziply Fiber has the right, but not the obligation, to edit, refuse to post or transmit, request removal of, or remove or block any material transmitted through, submitted to or posted on the Data Service, if it determines in its sole discretion that the material is unacceptable or violates the terms of the Agreement or the Terms of Use. Such material might include personal home pages and links to other sites. In addition, you agree that Ziply Fiber may suspend or cancel your account for using all or part of the Data Service to post content to the Internet or to engage in “peer to peer” file exchanges or other forms of file exchanges that violate the Agreement, the law or the Terms of Use.

Data Service. This section applies only to those customers who subscribe to Data Services from Ziply Fiber. i) You acknowledge that the Data Service may be offered on a tiered basis and each tier may have throughput limits (namely, limits on the maximum rate at which you may send and receive data at any time), consumption limits (namely, limits on the amount of data that you may send or receive during the course of a month or of shorter periods) and other similar limits, all as set forth in the Price List or the Terms of Use. You agree that Ziply Fiber may change the throughput, consumption and other applicable limits of any tiers by amending the Price List of the Terms Term of Use. Your continued use or payment for of the Data Service will constitute your acceptance of any new limits. You also agree that Ziply Fiber may use technical means, including but not limited to suspending or reducing the speed of your service, to ensure compliance with these limits and the Terms of Use, and that Ziply Fiber may move you to a higher tier of Data Service or impose other charges and fees if your use exceeds these limits. You further agree that Ziply Fiber has the right to monitor your usage patterns to facilitate the provision of the Data Service and to secure your compliance with the Terms of Use. Ziply Fiber may take such steps as it determines appropriate in the event your usage of the Data Service does not comply with the Terms of Use. ii) You acknowledge that, although the Data Service provides a connection to the Internet, the Internet is an international computer network that is not owned, operated or managed by, or in any way affiliated with Ziply Fiber. Ziply Fiber cannot and does not guarantee that the Data Service will provide Internet access that is sufficient to meet your needs. You understand that any speeds mentioned in connection with the Data Service are “up to” the mentioned speed and are not guaranteed. The actual speed and reliability of the Data Service can be affected by a number of factors, including, without limitation, the level of network traffic, the number and type of devices in use at any one time in your house, the distance between your device and any wireless transmitting equipment, the capacity of the server you are attempting to connect to across the internet, and configuration of your computer or other device. iii) You acknowledge that the Data Service provides a connection to the Internet that may be unfiltered and that Ziply Fiber neither controls nor assumes responsibility for any content on the Internet or content that is posted by a subscriber. Although Ziply Fiber may make available certain parental control features, you acknowledge that such parental control features may not be entirely effective or foolproof and that, notwithstanding such features, you or members of your household may be exposed to unfiltered content. iv) You agree that Ziply Fiber has the right, but not the obligation, to edit, refuse to post or transmit, request removal of, or remove or block any material transmitted through, submitted to or posted on the Data Service, if it determines in its sole discretion that the material is unacceptable or violates the terms of the Agreement or the Terms of Use. Such material might include personal home pages and links to other sites. In addition, you agree that Ziply Fiber may suspend or cancel your account for using all or part of the Data Service to post content to the Internet or to engage in “peer to peer” ’ file exchanges or other forms of file exchanges that violate the Agreement, the law or the Terms of Use.

Data Service. This section applies only to those customers who subscribe to Data Services from Ziply Fiber. i) You acknowledge that the Data Service may be offered on a tiered basis and each tier may have throughput limits (namely, limits on the maximum rate at which you may send and receive data at any time), consumption limits (namely, limits on the amount of data that you may send or receive during the course of a month or of shorter periods) and other similar limits, all as set forth in the Price List or the Terms of Use. You agree that Ziply Fiber may change the throughput, consumption and other applicable limits of any tiers by amending the Price List of the Terms Term of Use. Your continued use or payment for of the Data Service will constitute your acceptance of any new limits. You also agree that Ziply Fiber may use technical means, including but not limited to suspending or reducing the speed of your service, to ensure compliance with these limits and the Terms of Use, and that Ziply Fiber may move you to a higher tier of Data Service or impose other charges and fees if your use exceeds these limits. You further agree that Ziply Fiber has the right to monitor your usage patterns to facilitate the provision of the Data Service and to secure your compliance with the Terms of Use. Ziply Fiber may take such steps as it determines appropriate in the event your usage of the Data Service does not comply with the Terms of Use. ii) You acknowledge that, although the Data Service provides a connection to the Internet, the Internet is an international computer network that is not owned, operated or managed by, or in any way affiliated with Ziply Fiber. Ziply Fiber cannot and does not guarantee that the Data Service will provide Internet access that is sufficient to meet your needs. You understand that any speeds mentioned in connection with the Data Service are “up to” the mentioned speed and are not guaranteed. The actual speed and reliability of the Data Service can be affected by a number of factors, including, without limitation, the level of network traffic, the number and type of devices in use at any one time in your house, the distance between your device and any wireless transmitting equipment, the capacity of the server you are attempting to connect to across the internetInternet, and configuration of your computer yourcomputer or other device. iii) You acknowledge that the Data Service provides a connection to the Internet that may be unfiltered and that Ziply Fiber neither controls nor assumes responsibility for any content on the Internet or content that is posted by a subscriber. Although Ziply Fiber may make available certain parental control features, you acknowledge that such parental control features may not be entirely effective or foolproof and that, notwithstanding such features, you or members of your household may be exposed to unfiltered content. iv) You agree that Ziply Fiber has the right, but not the obligation, to edit, refuse to post or transmit, request removal of, or remove or block any material transmitted through, submitted to or posted on the Data Service, if it determines in its sole discretion that the material is unacceptable or violates the terms of the Agreement or the Terms of Use. Such material might include personal home pages and links to other sites. In addition, you agree that Ziply Fiber may suspend or cancel your account for using all or part of the Data Service to post content to the Internet or to engage in “peer to peer” ’ file exchanges or other forms of file exchanges that violate the Agreement, the law or the Terms of Use.

Data Service. This section applies only to those customers who subscribe to Data Services from Ziply Fiber. i) You acknowledge that the Data Service may be offered on a tiered basis and each tier may have throughput limits (namely, limits on the maximum rate at which you may send and receive data at any time), consumption limits (namely, limits on the amount of data that you may send or receive during the course of a month or shorter periods) and other similar limits, all as set forth in the Price List or the Terms of Use. You agree that Ziply Fiber may change the throughput, consumption and other applicable limits of any tiers by amending the Price List of or the Terms of Use. Your continued use of or payment for the Data Service will constitute your acceptance of any new limits. You also agree that Ziply Fiber may use technical means, including but not limited to suspending or reducing the speed of your service, to ensure compliance with these limits and the Terms of Use, and that Ziply Fiber may move you to a higher tier of Data Service or impose other charges and fees if your use exceeds these limits. You further agree that Ziply Fiber has the right to monitor your usage patterns to facilitate the provision of the Data Service and to secure your compliance with the Terms of Use. Ziply Fiber may take such steps as it determines appropriate in the event your usage of the Data Service does not comply with the Terms of Use. ii) You acknowledge that, although the Data Service provides a connection to the Internet, the Internet is an international computer network that is not owned, operated or managed by, or in any way affiliated with Ziply Fiber. Ziply Fiber cannot and does not guarantee that the Data Service will provide Internet access that is sufficient to meet your needs. You understand that any speeds mentioned in connection with the Data Service are “up to” the mentioned speed and are not guaranteed. The actual speed and reliability of the Data Service can be affected by a number of factors, including, without limitation, the level of network traffic, the number and type of devices in use at any one time in your house, the distance between your device and any wireless transmitting equipment, the capacity of the server you are attempting to connect to across the internetInternet, and configuration of your computer or other device. iii) You acknowledge that the Data Service provides a connection to the Internet that may be unfiltered and that Ziply Fiber neither controls nor assumes responsibility for any content on the Internet or content that is posted by a subscriber. Although Ziply Fiber may make available certain parental control features, you acknowledge that such parental control features may not be entirely effective or foolproof and that, notwithstanding such features, you or members of your household may be exposed to unfiltered content. iv) You agree that Ziply Fiber has the right, but not the obligation, to edit, refuse to post or transmit, request removal of, or remove or block any material transmitted through, submitted to or posted on the Data Service, if it determines in its sole discretion that the material is unacceptable or violates the terms of the Agreement or the Terms of Use. Such material might include personal home pages and links to other sites. In addition, you agree that Ziply Fiber may suspend or cancel your account for using all or part of the Data Service to post content to the Internet or to engage in “peer to peer” file exchanges or other forms of file exchanges that violate the Agreement, the law or the Terms of Use.