Please read this document carefully before accessing Direct Communications Internet’s network and systems. By using any Direct Communications Internet service you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access Direct Communications Internet’s network or systems.

Purpose

This document constitutes the Acceptable Use Policy of Direct Communications Internet. This document describes the guidelines that Direct Communications Internet uses in providing services to its customers and the rules to which Direct Communications Internet customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of Direct Communications Internet’s services via its network and systems.

Application

This policy is applicable to all Direct Communications Internet customers. A breach of any of the terms and conditions of this policy by any Direct Communications Internet customer is strictly prohibited and may lead to the suspension or termination of the customer's service without notice. All Direct Communications Internet customers must take responsibility for distribution, publication and enforcement of the Direct Communications Internet Acceptable Use Policy at their sites.

General Usage

Responsible Usage

You must take responsibility for your actions on the network and systems you access through Direct Communications Internet. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger Direct Communications Internet network or systems, your access may be suspended or terminated at any time without notice.

Resource Usage

Direct Communications Internet requires you to act responsibly when consuming resources on Direct Communications Internet’s network and systems. If you unreasonably consume excess resources on Direct Communications Internet’s network and systems, your access may be suspended or terminated at any time without notice.

Secure Usage

Direct Communications Internet requires you to take responsibility for maintaining the security of your Direct Communications Internet service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

Unlawful or Unauthorized Usage

General

Direct Communications Internet’s services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorized Usage

Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of Direct Communications Internet or any computer system or network that is accessed by our services may result in the suspension or termination of your access. Unauthorized activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome. Any attempt to disrupt or interfere with users, services or equipment may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolization of services, propagation or transmission of information or software which contains computer worms, trojan horses, virii or other harmful components using the network to make unauthorized entry to any other machine accessible via Direct Communications Internet, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages. You will be held liable for, and indemnify Direct Communications Internet for, all costs and damages, attributable to your unauthorized activities or disruptions.

Illegal or Fraudulent Usage

You must not use, or allow any other person to use, the Direct Communications Internet’s network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright

It is your responsibility not to store on a Direct Communications Internet system, transfer or cause to be transferred over the Direct Communications Internet network, reproduce or make available for distribution through the Direct Communications Internet network, any data where the storage, reproduction, transfer, or distribution of that data is in contravention of the Copyright Act 1968.

Content

Direct Communications Internet does not and cannot monitor or control the content and information accessed via Direct Communications Internet; Direct Communications Internet only provides access. Direct Communications Internet shall not be held responsible in any way for the content of the information accessed via Direct Communications Internet or offered for public access via Direct Communications Internet. It is you and/or your users and customers' responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on Direct Communications Internet’s network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums. Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities

Direct Communications Internet reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Direct Communications Internet’s network and systems is occurring. Direct Communications Internet cooperates fully with Commonwealth and State Police and other bodies investigating unlawful behavior on or via its network or systems. Direct Communications Internet reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

Complaints

To report a violation of Direct Communications Internet’s Acceptable Use Policy, please send details, including any documentation, article or e-mail to support@directcom.com.

General

Direct Communications Internet reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet, encourage or incite another party to breach any of the above terms, conditions, rules, regulations or laws.

Disclaimer of Liability

Direct Communications Internet disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of Direct Communications Internet, the use of any of the services provided by Direct Communications Internet, or the suspension or termination of your service by Direct Communications Internet. This disclaimer of liability does not supersede or replace any other obligation expressly provided in any Direct Communications Internet Service Agreement.

In accordance with Federal law and the USDA’s policy, Direct Communications is prohibited from discriminating on the basis of race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by the USDA (not all prohibited bases apply to all programs). Direct Communications is the recipient of Federal financial assistance from the Rural Electrification Administration, an agency of the U.S. Department of Agriculture (USDA). Remedies and complaint filing deadlines vary by program and incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact Direct Communications or USDA’s TARGET Center at (202) 720-2600 (voice or TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a discrimination complaint, complete the USDA Program Discrimination complaint Form, AD-3027, found online here and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail USDA, Office of Assistant Secretary for Civil Rights, 1400 Independence Ave. SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.

To Our Valued Customers:
Direct Communications (DC) respects your privacy and observes the privacy rules established by the Federal Communications Commission (FCC) and the Idaho Public Utilities Commission. Under federal law, you have the right to confidentiality of CPNI information regarding the telecommunication services to which you subscribe and how you use them. DC has a duty to protect the confidentiality of CPNI.

Customer Propriety Network Information (CPNI)
Federal CPNI rules require that every customer be given the opportunity to create a password for their account. We encourage you to establish your own password and share it only with the persons you trust to have access to your account. If you have not established a password, one has been assigned to your account by DC. For added convenience, below are alternative identity verification methods, in addition to your password, which may be used for us to discuss CPNI account information with you:

DC can send the CPNI information to the address of record that we have on file
DC can call you back at the telephone number of record
DC may disclose CPNI to you, or one of your authorized representatives, at our business office with a valid photo ID matching a name listed on the account.
For your convenience, you may submit your CPNI set-up information online by going to our website www.directcom.com or calling our office.

Use of CPNI Information
DC will not sell or disclose your account information or provide details of your calls to other parties, unless required by law enforcement or regulatory agencies.
DC is authorized by the FCC to market services to our subscribers within the categories of service already provided to those customers without approval. From time to time, we may market additional features for the services you already have from us. Occasionally, you may be notified of additional products and services from outside the existing business relationship we have with you. Typically, our marketing campaigns are focused on a geographic area rather than individual customers which is permitted since the offering does not rely upon CPNI (i.e. mass mailings). However, when marketing is based on CPNI, you have a right to be excluded from these marketing efforts.
If you choose to accept CPNI-based marketing information, no action is required on your part. However, if you prefer to be excluded from these marketing efforts related to services you do not already have with us, please send us your desire to opt-out of any targeted marketing in writing and we will honor your request without any affect to the quality service you are receiving. Approval to send you information about services to which you do not subscribe is valid until your affirmatively revoked such approval in writing.
If you have any questions, please stop by or call our office at (208) 548-2345

Sincerely,
Direct Communications

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site [the “Website”] infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) [the “DMCA”], the written notice [the “DMCA Notice”] must include substantially the following:

• Your physical signature or verified electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

CURRY D. ANDREWS

General Counsel

150 S. Main Street

Rockland, ID 83271

(208) 548-2345 Office

curryandrews@directcom.com

DMCA Notices in the state of Maine are designated to be received by:

Joseph G. Donahue, Esq.

Preti, Flaherty, Beliveau & Pachios, Chartered, LLP

45 Memorial Circle

P.O. Box 1058

Augusta, ME, 04332-1058

(207) 623-5300

jdonahue@preti.com

If you fail to comply with all of the requirements of the DMCA (including, without limitation, Section 512(c)(3) of the DMCA), your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorney fees) under the DMCA (including Section 512(f) of the DMCA).

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us [a “Counter-Notice”] by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical signature or verified electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney fees) under the DMCA (including Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

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Backup Power For Home Phone Services During Power Outages
For many years, your home phone would allow you to stay connected to emergency voice services during a power outage. However, many of today’s advanced home phone services require backup battery power to continue functioning during a power outage. To minimize disruption of home voice service during a power outage – and to maintain the ability to connect to 911 emergency services — we at Direct Communications offer you the option of purchasing backup power for your home phone line.

What Your Battery Backup Can – And Can’t – Do For You
Backup batteries for optical network terminals allow you to continue to use your home voice line during a power outage. Without a backup battery or alternate home backup power source (such as a generator), customers will not be able to make calls during a power outage, including emergency calls to 911. The only way to maintain the ability to use your voice line during a power outage is by using some form of backup power. Using the battery backup for anything other than VoIP 911 access will reduce longevity.

A backup battery for the optical network terminal does not provide power to any services other than voice. Internet service, computers, televisions, home security systems, medical monitoring devices, and other equipment will not run on a residential optical network terminal’s backup battery. Cordless phones and their base stations are not powered or charged by the backup battery.

Purchase Options
If you are concerned about being able to contact 911 emergency services during a power outage, a backup battery may be a good option for you. Up to 24 hours battery systems are available.

You may purchase the following backup battery solutions directly from Direct Communications, at the time of initial customer sign-up or later by calling (208) 548-2345.

Backup Power For Home Phone Services During Power Outages

To apply to Lifeline, contact Direct Communications. For more information about the Lifeline program, visit https://www.lifelinesupport.org/get-started/

The following are the terms and conditions set forth by Direct Communications (DC) under which you agree when subscribed to DC services. Unless otherwise provided, the terms and conditions for the equipment used in association with this Service are those terms and conditions provided by the equipment manufacturer.

After notification of a modification, your continued use of the Service and equipment constitutes an affirmative agreement to be bound by such new terms, conditions, and charges.

1. SERVICE & EQUIPMENT

By accepting services &equipment, you agree to abide by the terms set forth herein and are bound by such terms and conditions.

All Internet Services are “up to” speed packages. There is no minimum guaranteed speed for the Service.

You agree to abide by the Acceptable Use Policy as outlined on the DC website: https://directcom.com/.

Commencing on the date Service is installed, you will pay the current charges for such Service and equipment, including installation charges and shipping and handling charges (if applicable) upon commencement of billing. Billing will begin when we have activated your Service on our network whether or not you have completed self-installation or actually use said Service.

You agree not to relocate DC-supplied equipment to a different location within the premises or to a different location from where it was initially installed. When transferring your service to a new location, your account must be in good standing.

DC retains ownership of all provided or leased equipment. DC will repair and/or replace DC-owned or leased equipment at no charge unless such repair or replacement was the result of your or 3rd party misuse, negligence, fault, tampering or theft. DC is not responsible to bring service to, support, repair or replace customer-owned equipment or devices. Service calls initiated for customer-owned equipment may be subject to additional charges.

The Service shall continue until such time as you provide DC with notice that you wish to discontinue Service, or Service is terminated and/or canceled by DC, as set forth herein.

DC reserves the right to modify or discontinue Services upon reasonable notice to you.

2. BILLING, PAYMENTS & FEES

You agree to pay all fees and charges specified when you ordered your Service, including but not limited to recurring and nonrecurring charges for Internet Access, associated equipment and any other additional services and equipment you order.

DC encourages customers to receive monthly billing statements electronically free of charge. Paper statements are available upon request for a fee. Following installation, the online portal instructions will be emailed. It is your responsibility to set up your online account to view your monthly statements, make one- time payments and/or set up recurring payments for the date of your choice. If you choose to set up recurring payments through your online account, the recurring payment date must be after the 7th of the month to ensure billing has been fully properly processed.

DC bills in advance on the 1st of the month for that month’s service. Because your service is likely being installed after billing for that month has been completed, your first bill will include prorated charges for services from the time of installation through the end of the following month. This means your first statement will have charges for more than one month.

You are responsible to review your monthly billing statement for any errors. Unless notified, DC assumes the billing statement is corrected upon payment following the statement issuance date. In the event of an error, you must report the error to DC immediately. Billing errors will be corrected upon notification for the month in which they are reported and may not be prorated at the discretion of DC.

If any portion of payment is received after the payment due date (20th of each month), a monthly late charge may be charged. The monthly late charge will be the lower of: i) 5%; or ii) the highest amount allowed by law, applied to the entire outstanding balance for each month or portion thereof for which the balance remains.

AUTOPAY: Upon your request, DC will bill the credit card you provide or automatically debit the checking/savings account you provide to us for all Service charges, including installation charges, if applicable, on the 20th of the month, or the following business day if the 20th falls on a holiday or weekend.

DC may suspend or discontinue the DC Service if charges are not paid.

In the event you fail to pay the monthly charges billed to your credit card or debited to the checking/savings account you provided, DC reserves the right to bill all outstanding sums to your credit card or to bill you directly.

DC may assign unpaid late balances to a collection agency. In the event legal action and/or collections is necessary to collect on balances due, you agree to reimburse DC for all expenses incurred to recover sums due, including attorneys’ fees, collection fees and other lawful legal expenses.

Personnel for service calls are limited. DC reserves the right to charge a minimum $75.00 if you or another responsible adult are not present at the location for a scheduled dispatch appointment. Service concerns within your home or personal network or originating from customer-owned equipment, rather than an malfunction of DC’s equipment or an interruption of DC’s service, will result in a service charge.

DC reserves the right to charge $99.00 to transfer the service to a new location due to move or other reasons provided service is available at the new location.

3. CANCELLATIONS, TERMINATIONS AND ASSIGNMENTS

You may terminate Services upon notification to DC.

Most agreement terms are month-to-month. However, if you signed a 12-month or 24-month service agreement and disconnect service before the end of the term, additional fees may apply including but not limited to payment of the remaining months left in the agreement plus an additional $99 cancellation fee
and an additional fee for all applicable equipment and promotional charges.

Service or leased equipment such as modems, routers, or cameras provided by DC must be returned within 15 days of termination of service or will result in equipment charges being added to your
final billing statement. It is your responsibility to return this equipment to a local DC office or mail the equipment
to DC.

If you fail to pay any charge when due, including, installation charges or taxes, or if you fail to perform or observe any other material term or condition of Service, or if you provide false or inaccurate information which is required for the provision of the Service or is necessary to allow DC to bill you for the Service, and such condition continues unremedied for 15 days, DC may suspend or terminate the Service. You may
not assign your account or the Service to another person without the express written consent of DC. However, upon reasonable notice, DC may assign its rights and obligations.

DC may suspend or terminate service in the event of a ruling, regulatory change or order of a judicial, legislative or regulatory body that impacts DC’s terms of service. DC reserves the right to modify its terms of service at any time.

DC is not liable for interruptions of
service caused by a vendor or subcontractor. In the event an interruption occurs, DC shall have 45 calendar days to
arrange for a reasonably comparable service. If DC cannot arrange for reasonably comparable service, any service agreement may be terminated by either you or DC without liability.

4. CUSTOMER SUPPORT

If you are having trouble with your service, DC’s Technical Support team is available 7 days a week. If Technical Support is unable to resolve the issue after troubleshooting, a technician will be dispatched.

Please be aware a technician will not be dispatched unless you authorize and
facilitate Technical Support’s attempts to remedy or identify the issue.

Service credits may be considered against
actual billed charges for the affected service from the time the issue is reported to DC Technical Support until the issue is
resolved if caused by DC. Credits will not be granted for service interruptions prior to the issues being reported to DC or issues
not attributable to DC. Requests for service credit must be submitted to DC within 30 days of the service interruption.

5. COMPATIBILITY

You are solely responsible for provisioning, configuration, and maintenance of all equipment on your premises, including,
without limitation, computers, modems, routers, cameras, other communications equipment, or personal appliances or devices. DC shall not be responsible for delays in the provision of Service resulting from incompatibility of customer provided equipment, or interruptions resulting from improper provisioning, configuration or maintenance of customer provided equipment.

6. EASEMENT

You agree to provide DC or its representatives with an easement across, under and above your property, and Similarly, access at all termination
points for the existing fiber, copper or cable, for installation, maintenance, repair and upgrade as may be necessary, must also be authorized.
Service cannot be provided unless DC and its subcontractors are allowed reasonable access to the premises in order to install, maintain, repair, or upgrade the Service.

You understand, if construction is necessary, there may be some ground disturbed and grass may be displaced. You also understand that DC commits to restore the property to a similar condition prior to DC’s work. The dirt or grass that was disturbed will eventually settle and the construction area will hardly be noticed if at all. You consent to allow access to a power source on your property for equipment. If a power source is not available, you understand that you will be responsible for having a power source installed before service can be provided. In turn, DC commits to upkeep and maintain all installed materials and will keep them in good working condition. DC also commits to keep all installed materials from becoming unsightly.

7. PROVISION OF SERVICE

You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. You further understand and agree that DC has no control over third party networks you may access in the course
of your use of the Service, and therefore, delays and disruption of other party’s network transmissions are or may be completely beyond the control of DC.

8. LIMITATION OF LIABILITY

DC will make reasonable efforts to provide continuous, uninterrupted, and error-free Service to you. Under no circumstances shall DC be liable to you or any other person for any special, incidental, consequential, or punitive damages of any
kind, including without limitation, loss of profits, loss of income or cost of replacement Services.

DC's liability for damages, including but not limited to damages resulting from interruptions of Service, and, for mistakes, omissions, delays, errors, and defects in the provision of the Service, shall in no event exceed an amount equal to the pro-rata charges for the period during which the
Service was affected.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, DC HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS,
MERCHANTABILITY AND PERFORMANCE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

DC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES DC MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE. FURTHERMORE, DC PROVIDES NO GUARANTEE WITH REGARD TO
THROUGH-PUT SPEEDS WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA.

9. INDEMNITY

By accepting service, you agree to indemnify and save DC harmless from all claims, losses, liens, expenses, suits and
attorneys' fees ("Liabilities") for 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 your use of the
Service and/or equipment, except to the extent that such Liabilities arise from the intentional misconduct of DC.

You also agree to indemnify DC, its parent, affiliates and subsidiaries, in the event that your use of the Service and/or Software and/or equipment; (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, or (iv) interferes with other customers' use or enjoyment of the Services and/or equipment provided by DC.

10. USE LIMITATIONS

You agree to comply with all Federal and State regulations, the rules, regulations and policies adopted by DC, including but not
limited to, DC's Acceptable-Use-Policy [located at https://directcom.com], as modified from time to time; and the
rules regulations and policies applicable to any network that you access through the Service. Any violation of such rules,
regulation and policies, or any network policy document issued by DC, shall be cause for DC to suspend or terminate the Service.

Nothing contained herein may be construed to convey to you an interest, title, or license in the user ID, electronic mail address, Universal Resource Locator, IP Address or domain name used by you in connection with the Service.

DC reserves the right to suspend or terminate the Service to you, or to suspend or terminate any user ID, electronic mail address, Universal Resource Locator or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright
and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of DC, its parent, affiliates and subsidiaries; or (v) interferes with other
customers' use and enjoyment of the Services provided by DC.

By accepting services, you understand and agree that any attempt to break security, or to access an account which does not belong
to you, shall be considered a material breach of these terms, and such breach may result in suspension or termination of the
Service. You further agree to immediately notify DC of (i) any unauthorized use of your account and/or (ii) any breach, or
attempted breach, of security known to you.

The Service has been designed to be used at the residence or location at which it was installed. You may not allow other residences or locations to connect to your Service or re-sell your Service in any manner. Such action may be subject
to immediate termination of your Service, and you will be charged termination fees, if applicable. Further, use of a residential account for business purposes unless otherwise authorized may result in termination of your Service.

11. USE FORCE MAJEURE

Neither DC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lighting, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor
unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. No delay or failure to
perform shall be excused under this Section by the acts or omissions of DC’s subcontractors, vendors or suppliers unless
such acts or omissions are themselves the product of a force majeure condition described in this Section.

12. GENERAL

These terms and conditions shall be construed in accordance with the Laws of the State in which the Service was provided. In the even that any terms and conditions conflict with any regulation, the regulation will supersede these terms and conditions.

• Included herein and hereby made a part of are the following:
   Acceptable Use Policy
   CPNI Policy
   Statement of Nondiscrimination
   State Specific Relay Policies
   Network Management Policy
   VoIP/911 Policy
   Privacy Policy
   Broadband Management Policy
   Copyright and DMCA Policy
   POLR and Wholesale Tariff Policies
  Copies are available at https://directcom.com

SmartTown Wi-Fi is a free wireless Internet service (Service) provided by Direct Communications in select public areas. It allows users to connect to the Internet using their own Wi-Fi-enabled devices, such as smartphones, laptops, and tablets.

Direct Communications provides this Service to its customers. Visitors (non-Home Direct customers) may access the public Wi-Fi on special occasions. Direct Communications reserves the right to control access, which may change at any time without notice. Additional terms may apply and must be accepted before use.

Using Direct Communications’ Wi-Fi Service means you agree to these terms:

• Use is at your own risk; Direct Communications is not liable for any loss.
• Public Wi-Fi has security risks, and Direct Communications is not responsible for the security of your data.
• Direct Communications is under no obligation to provide public Wi-Fi service and is not liable if it is unavailable.
• Service may be terminated or unavailable at any time without notice.
• Compatibility with all devices is not guaranteed.
• Direct Communications is not liable for any issues related to your device, including viruses or spyware.
• You are responsible for securing your device with antivirus software and proper settings.
• Terms may be revised at any time.

Direct Communications does not knowingly collect any Personal Information, advertise or solicit to anyone under 18 years of age. DC encourages parents/guardians to monitor and participate in their children’s online activities.

This Direct Communications Direct Protect+ Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Direct Communications (“Direct Communications”). This Agreement governs your use of the Direct Protect+ Mobile Application through the Apple App Store or Google Play App Store, including all related documentation, (the “App”). The App is licensed, not sold, to you.

BY CLICKING THE “ACCEPT” BUTTON BELOW OR CHECKING “I ACCEPT THE TERMS AND CONDITIONS” ON THE APP REGISTRATION PAGE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK “DECLINE” BELOW AND DO NOT USE THE APP.

1. License Grant.

Subject to the terms of this Agreement, Direct Communications grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation. This license is provided to you free of charge.

2. License Restrictions.

Licensee shall not:

1. copy the App, except as expressly permitted by this license;
2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, copyrightable or registrable under intellectual property laws, of the App;
3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
7. use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

3. Reservation of Rights.

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Direct Communications reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Collection and Use of Your Information.

You acknowledge that when you download, install, or use the App, Direct Communications may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Direct Protect+ Mobile Application Privacy Policy (https://directcom.com/privacy-policy/). By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Direct Protect+ Mobile Application Privacy Policy. We may update our Direct Protect+ Mobile Application Privacy Policy from time to time and updated versions will be posted on the link provided in this section.

5. Information You Provide to Third Parties.

You acknowledge that you may provide personal or other information to your internet services provider and other third parties, that may be displayed by Direct Communications on the App through your use of the App. The provision of this information by you to these third parties may be subject to such third parties’ terms and conditions. Direct Communications does not assume and will not have any liability or responsibility to you or any other person or entity for such information. The App may display, include, or make available content (including data, information, applications, and other products, services, and/or materials) from your internet service provider including data based on your service selections, instructions and/or consent to your internet service provider.

6. Updates.

Direct Communications may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Direct Communications has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

1. the App will automatically download and install all available Updates; or
2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

7. Third-Party Materials.

At the request of your internet service provider, we may display, include, or make available on the App content from third parties or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Direct Communications is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Direct Communications does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. If you do not wish to have such Third Party Materials displayed or sent to you, you may adjust the push notification preferences in your account profile or delete the App.

8. Term and Termination.

1. The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Direct Communications as set forth in this Section 8.
2. You may terminate this Agreement by deleting your Direct Protect+ account and the App (and all copies thereof) from your Mobile Device(s). Please note that deleting your Direct Protect+ account will not delete your account(s) with your internet service provider for related services.
3. Direct Communications may terminate this Agreement at any time without notice if it ceases to support the App, which Direct Communications may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
4. Upon termination:
   1. all rights granted to you under this Agreement will also terminate; and
   2. you must cease all use of the App and delete all copies of the App from your Mobile Device(s).
5. Termination will not limit any of Direct Communications’ rights or remedies at law or in equity.

9. Disclaimer of Warranties.

THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DIRECT COMMUNICATIONS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DIRECT COMMUNICATIONS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIRECT COMMUNICATIONS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:

1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
2. DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEED $100.00 US.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DIRECT COMMUNICATIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11. Indemnification.

You agree to indemnify, defend, and hold harmless Direct Communications and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.

12. Export Regulation.

The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You may not use the App outside the US and shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible outside the US.

13. Severability.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

14. Force Majeure.

Neither Direct Communications nor its affiliates shall be liable for any inconvenience, loss, liability, or damage for problems related to the Services that are beyond their reasonable control. Examples of problems beyond their reasonable control include acts of God, flood, fire, fiber cuts, those caused by storms and other natural disasters, third party damage to access networks, failure of any signal at the transmitter; failure of a communications satellite, loss of use of utility facilities, vandalism, terrorism, unavailability of right-of-way, any law, order, regulation, or governmental act, civil disturbances, power failures, computer viruses, or strikes, and pandemics.

15. Entire Agreement.

This Agreement and our Privacy Policy constitute the entire agreement between you and Direct Communications with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

16. Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.