The following Services Agreement (“Agreement”) establishes the terms that apply to use of internet access  and voice over Internet Protocol (“VoIP”) telephone service (“Service(s)”) provided by Loop Internet, LLC  (“Loop”) to the customer of record and to all persons who use the Services, including Loop’s Privacy Policy  and all other applicable Loop policies that are incorporated by reference. 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 9  THAT AFFECTS YOUR RIGHTS BY REQUIRING MOST DISPUTES TO BE RESOLVED IN  INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS OR CLASS ACTIONS.  IN ARBITRATION, THERE IS NO JUDGE OR JURY. 

GENERAL TERMS AND CONDITIONS 

1. Acceptance of this Agreement. By activating, using, or paying for any Service, you acknowledge that you have read, understand, and agree to be bound by this Agreement including the Loop policies incorporated by reference herein. Loop may at any time and in its sole discretion, subject to applicable law, revise this Agreement or any policy referenced herein by posting a new version on its website loopinternet.com, or change the rates, features, functionalities, characteristics or specifications for any Service or Loop Equipment. You may terminate your Service(s) immediately if you do not accept any change in Service, but your continued use of any Service thirty or more days after the change will be deemed your acceptance of that change.
2. Customer Warranties. You agree that you are at least eighteen years of age, that you are legally and financially responsible for all acts and omissions by any person using or accessing the Services provided to your location, and that you understand and accept this Agreement as a binding contract between you and Loop.
3. Credit Checks and Deposits. You provide Loop permission to request and obtain your credit history information from credit-rating agencies at any time for any reason, which may affect your credit rating. Loop may refuse to provide Services or require an advance payment, deposit, or other form of credit requirement or payment terms if Loop determines that you may be a credit risk due to your credit rating, insufficient credit history, previous service history, payment history, payment method, or other factors. A deposit amount shall be determined based on your credit history and shall serve as a partial security of any balance you owe. Loop may change the deposit amount to be requested based on your payment and/or consumption history. Loop may also require you to make a deposit for the use of Equipment and for its repair or replacement. The deposit shall generate interest if required by law. Upon disconnecting the Services, Loop may apply the deposit to the payment of balances you owe, including, without limitation, charges for damage, loss, alteration, or destruction of Loop Equipment, without necessarily providing any prior notice. If not applied for those purposes, Loop will manage the deposit according to applicable law.
4. Service Location, Access, and Installation. Loop will schedule an installation appointment to install Loop Equipment and Service(s) at the property at which the Service(s) and/or Loop Equipment will be provided (the “Service Location”). You grant to Loop (and warrant that you are the owner of the Service Location or that you otherwise have authority to provide such grant) all necessary easements and the right to enter and locate facilities during reasonable hours to install, maintain, configure or otherwise perform work related to the Loop Equipment and Service(s), including but not limited to the use of existing wiring, installation of equipment or cables at any reasonable exterior or interior location and on and through walls, and installing, maintaining, and repairing underground conduit. You or your authorized representative must be present at the Service Location during installation and shall be responsible for necessary preparations at the Service Location for the installation and ongoing provision of Services and Loop Equipment, including any necessary relocation of your equipment, furniture, and 2 furnishings. You agree that Loop may take photographs at the Service Location for quality control purposes. Loop may in its sole discretion cancel or place conditions (including additional installation fees for non-standard installations) on fulfillment of a Service Order, without liability. If you do not agree with any such additional conditions and charges, you may cancel the Service Order.
5. Loop Equipment. You acknowledge that any optical network terminal (“ONT”), modem, router, network extender, or other equipment and facilities Loop installs or provides for you to self-install, along with any equipment Loop leases to you (collectively, “Loop Equipment”), is for your use only for purposes of using the Services and remains Loop’s property at all times. Any unauthorized connection to, or tampering with, any Loop Equipment, or any theft of Services, shall be cause for immediate suspension of Services, termination of this Agreement and/or legal action, at Loop’s discretion. You are responsible for safeguarding, protecting the integrity of, and preventing Loop Equipment from being altered, damaged, lost, destroyed, or stolen. By using Loop’s Services, you agree to take reasonable security measures and procedures with respect to the use of and access to the Service and/or Loop Equipment. You agree that you shall not allow Loop Equipment to be serviced, opened, or altered by anyone other than Loop’s employees or agents. You may not permit any attachments to, alteration of, or tampering with Loop Equipment. You are responsible for connecting Loop Equipment to a surge protector (other than network extenders) and grounded outlet and protecting such equipment with property insurance. After termination of Service for any reason, if you do not return the Loop Equipment to a Loop office within thirty days or if it is destroyed or damaged, you agree to pay Loop’s then-current replacement charge.
6. Charges, Fees, and Taxes. You agree to pay all charges Loop assesses and bills you in accordance with the Agreement. These charges may include but are not limited to charges for installation and activation; Service charges; service calls; purchasing, renting, or replacing Loop Equipment; any additional purchases or rentals or other services; applicable federal, state, and local taxes and fees (however designated); fees to recover our costs of complying with governmental and regulatory requirements, including but not limited to, universal service, governmental access, telecom relay services for the visually and hearing impaired, rights-of-way access, and fees for programs supporting the 911/E911 system; third party charges and other purchases billed to your account; and other charges as set forth in your invoice. The initial rates for Services and other charges are set forth in your Service Order, a confirmation of your Service Order, Loop’s website, and/or in the first invoice, and are subject to change on notice (except that taxes and government fees may be changed without notice).
7. Invoices for Services. Bills will be provided to you on a monthly basis to the e-mail address that you have provided. Our practice is to bill recurring charges monthly in advance and usage or other nonrecurring charges in the next bill after they are incurred, but we reserve the right to bill later subject to the limits of applicable law. If you receive Service(s) under a promotion, after the promotional period ends, regular charges for the Service(s) will apply. You must pay on or before the due date, which is ten days after the date of the invoice. To dispute any charge, you must contact us within sixty days of the date on your bill or you waive any disputes or credits, subject to applicable law. Recurring monthly charges are nonrefundable.
8. Credits for Service Interruptions. You agree that Loop may interrupt Service(s) provided at the Service Location temporarily to make repairs and/or make modifications to the system that are necessary to guarantee the continuity and/or improve the quality of its services. Loop is not responsible for Service outages caused in whole or part by causes beyond its reasonable control, including but not limited to weather, disasters, interruptions in electric power, third party cable cuts, your negligence, or your nonpayment or violation of the terms and conditions of the Agreement. For other outages, you must contact Loop within a period of thirty days from the beginning of the interruption in Service to request credit for time without Service.
9. Customer Equipment. “Customer Equipment” means any Customer-owned or provided software,  hardware, or services that you elect to use in connection with the Service(s). You are responsible for  the maintenance or repair of any Customer Equipment. You agree to implement reasonable security  measures and procedures with respect to Customer Equipment, including but not limited to maintaining  physical security, password protection, and authentication for access to Customer Equipment. You are  solely responsible for any Customer Equipment that you or other users of your Services connect or  install on their devices. You shall be liable to Loop for all damages, costs, and fees resulting from any  unauthorized use, sharing, access, eavesdropping, or any associated risks of unauthorized use of  Customer Equipment, including the value of any Services obtained in violation of this Agreement.  LOOP DOES NOT WARRANT THAT CUSTOMER EQUIPMENT WILL ENABLE YOU TO  SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU  ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE  COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT. LOOP SHALL NOT HAVE ANY  LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF  911/E911 OR COMMUNICATION ASSOCIATED WITH A SECURITY SYSTEM. YOU WAIVE  ALL CLAIMS AGAINST US FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY  BETWEEN THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE  EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE  REMEDY WILL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH THIS  AGREEMENT. The foregoing limitations of liability are in addition to and shall not limit any other  limitation of liability set forth in this Agreement.
10. Binding Arbitration and Dispute Resolution. PLEASE READ THIS SECTION (THE  “ARBITRATION PROCEDURE”) CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES  THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.  ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW  BY A COURT.

    a. Arbitration Agreement. If you have a Dispute, as defined below, with Loop that cannot be  resolved through informal means, you or Loop may elect to arbitrate that Dispute in accordance  with the terms of this Arbitration Procedure. Arbitration means that you will have a fair hearing  before a neutral arbitrator instead of a court before a judge or jury. Proceedings in arbitration may  also result in limited discovery. An arbitration award is subject to limited review by a court. By  agreeing to this Arbitration Procedure, you may be waiving constitutional or statutory rights. This  Arbitration Procedure establishes the conditions and the procedures related to a resolution through  arbitration of any Dispute that can arise between you and Loop. This means that if either party  chooses arbitration, neither you nor Loop have the right to litigate and/or present legal action in  first instance before any court. As part of the requirements established here, your capacity to  participate in a class action is limited.

    b. Exclusions for Small Claims and Other Claims; Attorneys’ Fees. You and Loop agree that any claim filed by you or by Loop that is not aggregated with the claim of any other subscriber, and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicating small claims, will not be subject to arbitration. Claims where the amount in dispute is valued at less than the cost of AAA fees, disputes about Loop’s intellectual property, and claims related to theft of Equipment or Service will not be subject to arbitration. For any claims or Disputes not resolved in arbitration, including if Loop uses a collection agency or attorney to collect money or equipment you owe us, you agree to pay Loop’s costs incurred in collecting any money or damages under this Agreement, including Loop’s reasonable attorneys’ fees.

    c. Right to Opt Out. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION (EXCEPT FOR THE SECTION BELOW TITLED “CLASS ACTION WAIVER AND OTHER RESTRICTIONS”) BY NOTIFYING LOOP OF YOUR INTENT WITHIN THIRTY DAYS OF

    THE DATE YOU FIRST RECEIVE THIS AGREEMENT. YOU MAY OPT OUT THROUGH EITHER OF THE FOLLOWING OPTIONS (PLEASE INCLUDE YOUR NAME, ADDRESS, ACCOUNT NUMBER AND THE E-MAIL ADDRESS YOU USED TO REGISTER FOR YOUR LOOP ACCOUNT): (1) SENDING A NOTICE STATING YOUR INTENT TO REJECT THIS DISPUTE RESOLUTION PROVISION TO LOOP AT 104 WYOMING AVE., SCRANTON, PA 18503 OR ARBITRATIONOPTOUT@LOOPINTERNET.COM. OPTING OUT WILL NOT AFFECT ANY OF THE OTHER TERMS OF THIS AGREEMENT WITH LOOP AND YOU MAY REMAIN A LOOP CUSTOMER. IF YOU HAVE PREVIOUSLY OPTED OUT OF THIS ARBITRATION PROVISION, YOU WILL NOT BE REQUIRED TO DO SO AGAIN.

    d. Class Action Waiver and Other Restrictions. The parties to any arbitration must be individually named. There shall be no right or authority for any claims to be arbitrated or litigated in a class action or consolidated or a purported representative capacity. The arbiter will only have the authority to resolve Disputes between you and Loop.

    e. Applicable Law. This Arbitration Procedure will be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16, as may be amended (“FAA”), and the corresponding and applicable regulation. This Arbitration Procedure will survive the cancelation of the Contract.

    f. Definitions. The term “Dispute” means any dispute, claim or controversy – of any kind or nature, between you and Loop that arises from or in relation with the Service(s), this Agreement, or any Loop policies and procedures including the validity, applicability or range of this Agreement and that of the class action waiver. “Dispute” also includes claims and/or disputes by or against a third party related to the Service(s) if the third party denominates itself as a co-party with you or us (or a claim with or against you or us). As used in this Arbitration Procedure, the terms “you” and “us” include also any parent, subsidiaries, affiliates, license holders, predecessors, successors, assignees, all agents, employees, directors and representatives of them and any third party that uses or gives any product, service or benefit. The term “Dispute” and/or “Claim” will have the broadest meaning possible that is feasible.

    g. Arbitration Procedure. If you or Loop choose to resolve your Dispute through arbitration, the party that initiates the arbitration shall choose the following arbitration organization, which will apply the appropriate customer claim rules to arbitrate the Dispute:

    American Arbitration Association (“AAA”)
    335 Madison Ave., Floor 10
    New York, NY 10017-4605
    1-800-778-7879 www.adr.org

    The FAA and not state arbitration laws will govern arbitration procedures for all Disputes. The arbitration proceeding shall be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes that are in effect when the arbitration is initiated (collectively, “AAA Rules”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. However, applicable federal law or Commonwealth of Pennsylvania law will provide the substantive law governing any Dispute. Any Commonwealth of Pennsylvania arbitration law will not be applicable under this Arbitration clause. If there is a conflict between this Arbitration Procedure and AAA Rules, the rules included in this Agreement will apply. If there is a conflict between this Arbitration Procedure and other terms in the Contract, this Arbitration Procedure will apply.

    A single arbiter will resolve the Dispute. The arbiter will honor the privilege claims acknowledged by applicable law and will take reasonable steps to protect the customer’s account information and other proprietary or confidential information, including on the party’s request the use of protective orders to prohibit disclosure outside arbitration.

    The arbiter will make the award in writing but will not be required to provide a statement of the reasons unless you or Loop request one, in which case the arbiter will provide a brief statement of the reasons for his award. If the arbiter makes an adjudication of over $5,000.00, any of the parties can appeal the decision before a panel of three arbiters run by the AAA. The three members of the panel will be chosen in accordance with AAA Rules. The party that wishes to appeal the first arbiter’s decision will have thirty days from the date of entry of the final award to file a written notice of appeal. The AAA will then notify the other party that the initial adjudication has been appealed. A three-arbiter panel will issue its decision on the appeal within a period of one-hundred and twenty days from the appeal notification date. The three-arbiter panel’s decision will be final and binding, except for any further appeal rights that exist under the FAA.

    h. Arbitration Location, Fee Payment and Charges. The arbitration will take place in Scranton or Wilkes-Barre, Pennsylvania. Upon receipt of your written arbitration request, Loop will pay the filing fee for the arbitration, and the arbiters’ costs and expenses. You will be responsible for any additional costs you may incur for the arbitration, including but not limited to attorney or expert fees. If one of the parties chooses to appeal the decision to a three-arbiter panel, the winning party in the appeal will have the right to recover all reasonable attorneys’ fees and costs that were incurred in that appeal.

    i. Authorized Representative. You may designate one or more authorized representatives to act on your behalf with respect to the matters described in this Agreement. Any communication made by your authorized representative to Loop shall be deemed your communication to Loop and shall bind you.

    j. Severability. If any clause in this Arbitration Procedure is found to be illegal or unenforceable, that clause will be severed from this Arbitration Procedure, and the rest of this will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Arbitration Procedure will not be enforceable and the Dispute will be decided by a court. In the case that this entire Arbitration Procedure is found to be illegal or unenforceable, for any reason, or if a claim is brought in a Dispute that is found to be excluded from this Arbitration Procedure, YOU AND LOOP AGREE TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO A JURY TRIAL AND CLASS ACTIONS.

11. Limited Warranty. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED  WITH A DEVICE YOU PURCHASE FROM LOOP, LOOP PROVIDES ALL SERVICES AND  EQUIPMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF  ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW.  NEITHER LOOP, ITS AFFILIATES, EMPLOYEES, AGENTS, NOR CONTRACTORS (OR THEIR  RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR  REPRESENTATIVES) WARRANT THAT LOOP EQUIPMENT OR SERVICES WILL MEET  YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR TRANSMIT UNCORRUPTED  COMMUNICATIONS. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND,  EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF  PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE  HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE RESTRICTED BY  APPLICABLE LAW. The Services are not fail-safe and are not designed or intended for use in  situations that qualify as “High Risk Activities.” High Risk Activities include but are not limited to  activities requiring fail-safe performance, or where an error or interruption in the Services could lead  to severe injury to businesses, persons, property, or the environment. High Risk Activities also include  vital business or personal communications, or activities where absolutely accurate data or information  is required. You expressly assume the risk of any damages resulting from use of the Services in  connection with High Risk Activities.
12. Limitations of Liability.

    a. Force Majeure. Loop shall not be liable for any delay or failure of performance directly or  indirectly caused by, or proximately resulting from, any circumstances beyond its immediate  control, including, but not limited to the following: acts of God, hurricane, fire, flood, lightning,  earthquake, weather conditions, or explosion or other catastrophe; any law, order, regulation,  direction, action or request of any court, department, commission, bureau, or other instrumentality  of any federal, state or local government; national emergency, act of terrorism, insurrection, riot,  war, or public health epidemic; material shortage or labor dispute; fiber or cable cut, damage to or  unavailability of communications or electrical facilities or services, unavailability of rights-of-way,  or loss of use of poles or other utility facilities; or causes attributable to you, your Customer  Equipment, your Premises, your property, or third parties, including our inability to access your  Premises or any third-party negligence or willful misconduct.

    b. Limitations on Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT,  LOOP WILL HAVE NO LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY  FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS UNDER ANY CIRCUMSTANCES  OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR  CONTRACT): (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE,  EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT  LIMITED TO, LOST DATA, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS  OPPORTUNITIES, PERSONAL INJURIES, OR DEATH); OR (2) ANY LOSSES, CLAIMS,  DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT  DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION,  CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE  OF THE SERVICES OR THE CUSTOMER EQUIPMENT BY YOU OR ANY OTHER PERSON  OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY,  CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER  INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

    c. Limitation of Loop’s Liability for Service Failures. EXCEPT AND UNLESS SPECIFICALLY  PROHIBITED BY LAW, A PRORATED REFUND OF PAYMENT FOR SERVICES WILL BE  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY INTERRUPTION OR FAILURE OF  SERVICES. Loop will not otherwise be liable for any inconvenience, loss, liability, or damage  resulting from any interruption of the Services.

    d. Limitations Related to Your Use of Services and Unauthorized Access to Your Equipment or  Services. You are solely responsible for the content or information (including credit/debit card or  banking information) that you provide to other persons or computers through the Services, and for  the security of Customer Equipment or any other equipment you choose to use in connection with  the Services, including without limitation any data stored on such equipment. You acknowledge  that software programs are commercially available that claim to be capable of encryption or  anonymization. Loop makes no representation or warrant regarding the effectiveness of these  programs. If you do not adequately protect access to your premises, Services, Loop Equipment and  Customer Equipment, others may be able to use your Services, obtain information from your  Customer Equipment, and/or track your location, use of Services, keystrokes, data entry, files, and  other information; you agree that you are solely responsible for such protection. NEITHER LOOP  NOR ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR  ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT  OF OR OTHERWISE RELATING TO ANY RESULTING USE OR ACCESS TO YOUR  INFORMATION AS DESCRIBED IN THIS SECTION.

    e. Limitation of Loop’s Liability for Content. LOOP WILL HAVE NO LIABILITY  WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE,  FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR  FROM ANY ATTEMPT TO REMOVE IT.

    f. Limitation of Loop’s Liability for Third Parties. Notwithstanding anything to the contrary in  this Agreement, you acknowledge and understand that Loop may use third parties to provide the  Services. This may include third-party services, equipment, infrastructure, or content. Loop is not  bound by any undertaking, representation, or warranty made by an agent, or employee of Loop, or  of Loop’s underlying third-party providers and suppliers in connection with the installation,  maintenance, or provision of the Services if that undertaking, representation, or warranty is  inconsistent with the terms of this Agreement. party provider.

    g. Limitation on Loop’s Liability for Installation. Any claims for damage to your property by Loop  personnel must be reported to such personnel before they leave the Premises so that they have an  opportunity to photograph the alleged damage, except for damage caused by the personnel as they  are departing the Premises or that you or the person who provided access to your Premises on your  behalf could not reasonably have been aware prior to their departure, in which case such damage  must be reported within three business days of you becoming aware of such damage. You agree to  waive any claims not reported to Loop within these limitation periods. You expressly waive any  claims you may have against Loop or their authorized representatives for Loop’s work related to  site preparation or the installation, relocation, or other handling of Loop Equipment or Customer  Equipment. As part of the installation process for software and other components of the Services,  Loop may need to modify system files on Loop Equipment or your Customer Equipment. Loop  may make these modifications in connection with installing software or applications, or allowing  access to Loop’s online portals or Services or Loop Equipment. Loop makes no representations,  warranties, or covenants as to whether these modifications or this software will disrupt the normal  operations of the Services or your Customer Equipment, including causing the loss of files.

    h. Limitation on Period to Bring Claims. YOU MUST INITIATE ANY PROCEEDING OR  ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT  OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY  CLAIM BASED ON SUCH EVENTS OR FACTS. This provision does not extend the period for  disputing charges or reporting damages to your premises as set forth above.

    i. Sole Remedies. This Agreement sets forth your sole and exclusive remedies except as extended by  applicable law.

13. Indemnification. You agree to indemnify, defend and hold harmless Loop, its partners, officers,  directors, employees, agents, suppliers and affiliates of and from any and all claims, judgments, costs,  liabilities, damages and expenses (including attorneys’ fees and costs) against all claims resulting from  any violation of this Agreement or applicable law, the use by any person of Services provided to your  location, or from the unavailability or failure of the Services.
14. Acceptable Use Policy. By using any of Loop’s Services, you agree to abide and be bound by the terms  of the following Acceptable Use Policy (“AUP”). Any violation of the AUP constitutes a breach and  your default of this Agreement. Loop reserves the right to act immediately and without notice to  suspend or terminate your Services for any violation of the AUP, in addition to any other remedies it  may have under the Agreement or applicable law. Unless you subscribe to a plan that expressly permits  otherwise, or as otherwise specifically authorized in writing by Loop, you agree to use the Services  solely for personal, residential, and non-commercial purposes. You will only use Loop Equipment and  Service(s) at the agreed upon Service Location. You will only use Loop Service(s) and Equipment in a  lawful manner, and will not use it for the transmission, communications or storage of any information,  data or material in violation of any U.S. federal, state or local regulation or law. You acknowledge that by using Loop Service and accepting this Agreement, you are liable for all the persons who use  Loop Equipment and/or Service(s) at the Service Location and their compliance with this AUP, this  Agreement, and other Loop policies. You further acknowledge and agree that you shall be solely  responsible for any transactions, including, without limitation, purchases made through or in connection  with the Service(s).

    a. The following uses of the Services violates this AUP:
    • Any use that violates any local, state, federal, or international law or regulation; • Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive, or obscene  materials;
    • Using the Services to deliver spyware, or secretly or deceptively obtain the personal  information of third parties (e.g., phishing);
    • Intentionally spreading computer viruses;
    • Exporting software or technical information in violation of U.S. export control laws; • Gaining unauthorized access to private networks;
    • Engaging in the transmission of pirated software;
    • Unauthorized copying, distribution, or display of copyrighted material;
    • Conducting or participating in illegal gambling
    • Soliciting for illegal pyramid schemes through email or postings;
    • Violating rules, regulations, and policies applicable to any network, server, computer  database, website, or internet service provider (“ISP”) that you access through the Services;  • Threatening, harassing, abusing, or intimidating others;
    • Engaging in activity, illegal or not, that Loop determines in its sole discretion to be harmful  to its subscribers, operations, or networks;
    • Making fraudulent offers of products, items, or services;
    • Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent,  offensive, deceptive, threatening, abusive, harassing, or which damages the name or  reputation of Loop;
    • Reselling Service or otherwise making the Service available to third parties for use outside of  your Premises, in whole or in part, directly or indirectly, unless expressly permitted in writing  by Loop; or
    • Use that presents a material risk of:
    o exposing Loop to liability, sanctions, prosecution, or civil action;
    o Harming or interfering with the integrity or normal operation of Loop’s networks or  facilities;
    o Interfering with another person’s use of Loop Services;
    o Damaging or disparaging the reputation of Loop or its Services; or
    o Harming Loop or its customers, employees, officers, directors, agents, or any other  representatives.

    b. Intellectual Property Rights and Copyright. Internet Services can be used to access copyrighted  material, trademarks and other proprietary information. You may not download copyrighted  material except as permitted by law. Except as otherwise permitted under copyright law, no  copying, redistribution, publication or commercial exploitation of downloaded material is  permitted without the express prior written consent of its owner. In the event of repeat instances of  copyright infringement by you, Loop may suspend or terminate your Service (for more information,  see Loop’s Digital Millenium Copyright Act (DMCA) Policy posted on its website). In the event  of any permitted copying, redistribution or publication of copyrighted material, no changes in or  deletion of author attribution or copyright notice shall be made. You may download public domain  materials for your own use or non-commercial distribution. Loop assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or  may otherwise be used for such purposes.

    c. Third Party Rules. Through your use of the Services, you have access to search engines, social  networking sites, apps, subscription services, chat areas, bulletin boards, webpages, and other  services that promulgate rules, guidelines, or agreements to govern their use. Failure to adhere to  any such rules, guidelines, or agreements shall be a violation of this AUP.

    d. Facilitating a Violation. You are prohibited from advertising, transmitting, or otherwise making  available any software, program, product, or service that is designed to violate or facilitate a  violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the  means to spam, infringe on copyrights, and pirate software.

15. Law Enforcement. Loop may refer potential violations of laws to the proper authorities, may cooperate  in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when  required to do so by law, subpoena, or when the public safety is at stake. Loop assumes no obligation  to inform you that your information has been provided to law enforcement authorities, and in some  cases, may be prohibited by law from providing such notice. Loop shall not be liable for any damages  of any nature suffered by you or any other customer, user, or third party in whole or in part from its  exercise of its rights.
16. Termination. All representations, warranties, indemnifications, and limitations of liability contained  in this Agreement shall survive the termination of this Agreement and termination of your Service(s).  Except for those and other provisions that by their nature survive the termination of this Agreement,  this Agreement will be in effect from the time that Services are activated until terminated by either  party in accordance with the terms below.

    a. Termination by Customer. You may terminate this Agreement by notifying Loop by phone call,  letter, or in person at Loop’s office. Applicable fees and charges for the Services will accrue until  the Services have been disconnected and all Loop Equipment has been returned. Termination will  be effective at the end of the current billing cycle, regardless of whether you return Loop Equipment  before that date. Loop may refuse to sign a new agreement with you if you have any outstanding  debt to Loop. Furthermore, Loop may inform credit reporting agencies of the late payment and the  amounts owed as of date.

    b. Termination by Loop. If you are in default (as defined below), Loop shall have the right, without  prior notice, and in addition to any other rights of Loop expressly set forth in this Agreement and  any other remedies it may have under applicable law to: immediately suspend Services until such  time as your noncompliance (including but not limited infringing any copyright or other intellectual  property rights) has been corrected without affecting your ongoing obligation to pay Loop any  amounts due under this Agreement; or terminate the Services and/or this Agreement. You shall be  in default under this Agreement if you are fifteen days past due with respect to any payment  required for Loop Equipment and/or Service(s) or you otherwise have failed to comply with the  terms of this Agreement, including but not limited to the Acceptable Use Policy, any applicable  Loop policy (including but not limited to Loop’s DMCA Policy, including notifications of alleged  and/or repeated copyright infringement), or any other Service Order(s) incorporated herein. No  express or implied waiver by Loop of any event of default shall in any way be a waiver of any  further subsequent event of default. Nothing in this Agreement, including Termination, shall relieve  you of your obligation to pay Loop all amounts due on your account. If you resume Service(s) after  any disconnection, you may be charged a $35.00 Reconnection Fee in addition to any installation  and/or service activation fees.

17. Survival. All provisions which by their nature are intended to survive after termination of Services and  this Agreement will remain in effect after such termination, including but not limited to arbitration

    (Section 10), limitations of liability (including but not limited to Section 12), and indemnification  (Section 13).

18. Feedback. Loop welcomes your comments about its Services. However, any communication you send  to Loop will be deemed submitted on a non-confidential basis and will become the exclusive property  of Loop. Loop may, in its sole discretion, reproduce, use, publish, modify, distribute, or otherwise use  these communications in any way and for any purpose. Any use Loop makes of such communications  shall not entail any liability or obligation for you. These uses may include, for example, using the  content of such communications, including the works, trademarks or names, ideas, inventions,  concepts, techniques, or know-how disclosed to Loop for any purpose, without any obligation to  compensate the author of such communications and without any liability to that person.
19. Notices. For any inquiries or notices required in connection with this Agreement, you may contact us at:

    Loop Internet, LLC
    104 Wyoming Ave.
    Scranton, PA 18503
    Attn: Legal Department

    Notice to Loop will be deemed given when received. Loop will provide you with notices consistent  with applicable law. Loop will provide you with notices by any reasonable means, including in your  bill, by e-mail, or any other communication permitted by applicable law. You agree that any one of the  foregoing methods will constitute sufficient notice, if such notice is necessary. You agree to regularly  check your mail, e-mail, and all postings on Loop’s website and bear the risk of failing to do so.

20. Governing Law. This Agreement is and shall be governed by and construed in accordance with  applicable federal laws and the laws of the Commonwealth of Pennsylvania.
21. Assignment. You may not assign your rights and obligations under this Agreement, your Service(s),  or Loop Equipment. You agree to notify Loop immediately of any changes of ownership or occupancy  of the Service Location. If you request to transfer your account to another Service Location, Loop may  change the package of Service(s) to which you are subscribed. Loop may freely assign its rights and  obligations under this Agreement with or without notice to you.
22. Entire Agreement. This Agreement (including the Service Order and all other documents and policies  incorporated by reference) constitutes the entire agreement and understanding between you and Loop  with respect to the subject matter of this Agreement and replaces all prior written or verbal agreements.  If any term or condition of this Agreement is held to be unenforceable by a court, tribunal, or arbitrator,  the remainder of the Agreement shall not be affected and shall remain valid and enforceable to the  fullest extent permitted by law. Loop does not waive any provision or right if it fails to strictly enforce  performance of any provision of this Agreement. Neither the course of conduct between you and us,  nor trade practice, shall act to modify any provision of this Agreement.

    ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO INTERNET SERVICE 
    The following additional terms and conditions are applicable to Loop’s internet Service.

23. General. You are responsible for all internet activity originating from your or others’ use of your  Services. By using any Service, you agree to ensure that all use of your Service(s) complies fully with  this Agreement. You are solely responsible for protecting the confidentiality of your screen names,  passwords, PINs, parental controls, and other security measures, and Loop shall have no liability for  your failure to do so.
24. Ownership of Addresses. You acknowledge that use of the internet Service does not give you any  ownership or other rights in any internet/on-line addresses provided to you, including, but not limited  to, Internet Protocol (“IP”) addresses, e-mail addresses, and Web addresses. Loop may modify or change these addresses at any time without notice and shall in no way be required to compensate you  for these changes. Upon termination of an internet Service account, Loop reserves the right permanently  to delete or remove any or all addresses associated with the account.
25. Speed, Bandwidth, Data Storage and Other Limitations. While Loop estimates the speed of its  services, Loop makes no legal representation with respect to such speeds. Actual speeds may vary and  are not guaranteed. Many factors affect internet speed, including the number of connected devices, state  of the network, maintenance activities, available bandwidth in third party networks, the location of  Loop and Customer Equipment, physical structure of the Service Location, and whether the connection  is wired or wireless, among others. By using Loop’s Service, you agree that your bandwidth usage  activity will not improperly restrict, inhibit or degrade any other users’ use of internet Service, nor  represent (in Loop’s sole judgment) an unusually large burden on the network. You also agree that your  activity will not restrict, inhibit, disrupt, degrade or impede Loop’s ability to deliver and track its  internet Service provided to others.
26. Loop Actions to Protect Its Network. Loop reserves the right to take actions to protect the security  and integrity of its network and resources that are consistent with applicable law. These actions may  affect your Service, your computer, software, files, personal information and other data stored or  transmitted by you.
27. Risks of Internet Access. Use of Loop’s internet Service presents certain risks for which Loop cannot  be responsible, including without limitation:

    a. File Backup. You understand and accept the risks if you decide not to back up files. Neither Loop  nor its service providers shall have any liability whatsoever for any damage to or loss of any  software, files, or data.

    b. Viruses. Websites visited or data received through the Service may contain viruses. It is your sole  responsibility to take appropriate precautions to protect your Customer Equipment, software, files  and data. Loop may, but is not obligated to, run third party virus check software on your computer  prior to installing software related to the Service. Loop does not represent or warrant that doing so  will detect or correct any or all viruses. Loop may, but is not required to, suspend or terminate  availability of the Service if a virus is found to be present on any user’s system or in any  communications sent or received through the Service. Loop may, in its sole discretion, install or  run software to check for viruses and other harmful features, including on your Customer  Equipment. Loop makes no representation or warranty that any virus check software will detect,  correct, or resolve any or all viruses. You may incur additional charges for any service call related  to a virus or other harmful feature detected on your Customer Equipment.

    c. Unauthorized Access to Your Computer and Files. Inherent in internet access is the risk that  unauthorized persons will use your Service or gain access to your computer and to the software,  files, personal information and other data stored or transmitted by you, install a “bot” on or  otherwise “hijack” your computer or harm or misappropriate your computer, systems and files in  some other way. Usage of the Service is at your sole risk, and you are responsible for the security  of your computer, any Customer or Loop Equipment, information, and data traffic. Loop shall have  no liability whatsoever if third parties intercept data transmissions by or to you or otherwise gain  access to or misuse your computer, any equipment, files, or accounts.

    d. Exposure to Offensive Content. Loop is not responsible and shall not be liable for content that is  illegal or offensive and accessed through the Services.

    ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO VOIP SERVICE 
    The following additional terms and conditions are applicable to Loop’s VoIP Service, which is only  available as an optional additional service for customers who subscribe to internet Service at the same  location.

28. 911/Enhanced 911 Functions. Loop’s VoIP Service includes 911/Enhanced 911 functions  (“911/E911”) that may differ from 911/E911 functions furnished by traditional telephone service  providers. If you have any questions about 911/E911, contact us immediately.

    a. Limitations of 911/E911 Dialing and Service Interruptions. Access to 911/E911 requires that  your VoIP Service is active and that you have electrical power connected to your ONT. This means  that when you lose power, your VoIP service will not work like a traditional telephone line. The  only way to maintain the ability to use your VoIP Service during a power outage is by using some  form of backup power, such as backup batteries. BY USING LOOP’S VOIP SERVICE, YOU  UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE  OF VOIP SERVICE, INCLUDING 911/E911, UNDER CERTAIN CIRCUMSTANCES,  INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) IF LOOP’S NETWORK  OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL POWER TO THE ONT  IS INTERRUPTED AND THE ONT DOES NOT HAVE A BATTERY BACKUP; (iii) IF  THE ELECTRICAL POWER TO THE ONT IS INTERRUPTED AND ANY BATTERY  BACKUP IS EXHAUSTED OR FAILS; OR (IV) YOUR SERVICE HAS BEEN  SUSPENDED OR IS NOT PROPERLY FUNCTIONING. YOU ALSO AGREE TO  CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO  PLACE CALLS OVER THE SERVICES.

    b. Correct Address. For 911/E911 calls to be properly directed to emergency services, Loop must  have your correct Service Location address. Loop’s Services are not designed or intended to be  portable, and if you nonetheless move the VoIP Service or Loop Equipment to a different location  without Loop’s prior approval, 911/E911 calls may be directed to the wrong emergency authority,  may transmit the wrong address, and/or the VoIP Service (including 911/E911) may fail altogether.  Therefore, you must contact us before you transfer your VoIP Service to a new address. All changes  in service address require our prior approval. YOU UNDERSTAND AND ACKNOWLEDGE  THAT LOOP WILL NEED SEVERAL BUSINESS DAYS TO UPDATE YOUR SERVICE  ADDRESS IN THE E911 SYSTEM SO THAT YOUR 911/E911 CALLS CAN BE  PROPERLY DIRECTED.

    c. Suspension and Termination by Loop. You understand and acknowledge that all VoIP Service,  including 911/E911, as well as all online features of VoIP Service, where Loop makes these  features available, will be disabled if your account is suspended or terminated.

    d. Additional Limitation on Liability and Indemnification for 911 Services. YOU  ACKNOWLEDGE AND AGREE THAT LOOP AND ITS SERVICE PROVIDERS WILL NOT  BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE  SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU  AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LOOP AND ITS SERVICE  PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES,  COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE  ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF  THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES,  (INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN  CONNECTION WITH THE VOIP SERVICES).

29. Usage Billing and Customer Responsibility for Usage. 

    a. Per-Call and Measured-Call Charges. Calling plans billed on a flat monthly fee basis may not  include certain call types. These call types will instead be charged on a per-call (e.g., operator  services) or a measured basis (e.g., international calls). For billing purposes, a measured call begins  when the carrier of the receiving party returns signaling to our network that the call has been  answered (or for certain international calls, after a certain number of rings) and it ends when one  of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial  minutes rounded up to the next whole minute. If the computed charge for a measured call includes  a fraction of a cent, the fraction is rounded up to the nearest whole cent. Please contact us for  information on per-call charges.

    b. Customer Responsibility for All Use and for Securing Services. Customer is solely responsible  for all use of the Services, whether authorized by Customer or not. Unauthorized users have  obtained access to the telephone services of third parties by hacking into such party’s computer or  telephone systems, and you are solely responsible for assuring that your voice mail, PBX, and  computer passwords are secure and that all users of the services are properly trained to protect your  services. In the event of fraudulent or other unauthorized use of the Services from the Service  Location, you remain responsible for all charges incurred. We retain the right to block  communications at any time that we believe may be unauthorized, such as international calls, but  our right to block such calls in no way obligates us to monitor the use of your services or relieves  your responsibility for all usage.

    c. Third-Party Charges. VoIP Services may allow you to access information, other service providers  (e.g., services accessible through 800, 8YY, and 900 numbers), and other third-party providers.  You acknowledge that you may incur charges with such providers that are separate and apart from  the amounts charged by Loop. You agree that all charges payable to third parties, including all  applicable taxes, are your sole responsibility.

30. Equipment.

    a. Handset and Wiring. In order to use the VoIP Services, you are required to provide certain  Customer Equipment such as a phone handset or equivalent, phone inside wire and outlets, and a  powered electrical outlet. If Loop cannot get access to your inside phone wiring, you will need a  cordless phone to use our Services beyond a handset directly connected to Loop Equipment.

    b. Incompatible Equipment and Services. You acknowledge and understand that the VoIP Services  may not support or be compatible with some call types and devices, including but not limited to:  (i) certain non-voice communications equipment, including but not limited to some alarm or home  security systems, medical monitoring devices, fax machines, and “dial-up” modems; (ii) rotary-dial  phone handsets, pulse-dial phone handsets, and models of other voice-related communications  equipment such as answering machines and traditional Caller ID units; (iii) dial around (10-10)  calling; 976, 900, 700, or 500 number calling; (iv) 211, 311, 511, or 811 calling; and (v) shore-to ship calling.

    c. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST LOOP AND  ITS SERVICE PROVIDERS FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY  BETWEEN LOOP EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE,  SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION,  OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE  SERVICES IN ACCORDANCE WITH THE AGREEMENT, SUBJECT TO ANY APPLICABLE  EARLY TERMINATION FEE.

31. You Assume the Risk. VoIP Services are not represented as fail-safe and are not designed for use in  situations where error-free or uninterrupted service is essential. You expressly assume the risk of any  damages from high-risk activities involving vital communications in which an error or interruption in  the Services could lead to material injury to business, persons, property, or the environment.
32. Transfer of Your Phone Number (“Number Portability”) 

    a. Switching to Loop from Another Provider. If you are switching to our Services from another  service provider, you agree to cooperate fully with Loop and promptly provide all information,  including the PIN and a letter of authorization or other documentation, as requested by Loop in  connection with the processing of your order for Service. You authorize Loop to notify your current  telephone service provider of your decision to switch your telephone services to Loop, and you  represent you are authorized to take such actions. In addition to the conditions set forth above, the  additional limitations may apply: you may transfer your existing phone number (if any) to our  Services, provided that (i) you request the phone number transfer when you place your order for  our Services, authorizing Loop to request the transfer of your existing phone number on your  behalf; (ii) your current service provider releases your existing phone number, at our request,  without delay or charge; (iii) transfer of your existing phone number to our Services would not, in  our view, violate applicable law or our processes and procedures; (iv) you acknowledge and agree  that if your Loop Equipment is set up before the date that the number transfer becomes effective  (“Port Effective Date”), you may only be able to make limited outgoing calls; and (v) you  acknowledge and agree that to avoid an interruption in your phone service, you must have the Loop  Equipment installed on or before the Port Effective Date. Loop recommends keeping a phone  connected to your existing phone service to receive incoming calls until the Port Effective Date.

    b. Switching from Loop to Another Provider. To transfer your phone number from Loop to another  service provider, you must terminate your Loop telephone Service and place the transfer order  through your new service provider. Requesting a service from another provider does not  automatically cancel your Loop telephone service or this Agreement.