Common use of Availability of and Changes to Service Clause in Contracts

Availability of and Changes to Service. a. MaxxSouth provisions your modem and engineers its network so that its Subscribers can enjoy the speeds to which they subscribe. However, even where the network is optimally engineered, conditions outside MaxxSouth’s control may affect service speed. MaxxSouth advertises its speeds based on the tier of service to which a Subscriber subscribes, and the maximum engineered speed at any service tier meets or exceeds the speed advertised at the point of demarcation (i.e., the point exterior to the residence at which the network equipment is continuously owned, maintained, and controlled by MaxxSouth). Accordingly, the speeds advertised for the Service reasonably describe the network upload and download speeds to that point and that you are therefore likely to experience under real-world conditions. Please note that your signal at modem may be degraded by a number of factors after the demarcation point, notably internal wiring and the inside configuration of customer equipment. If you believe that your service is not meeting the advertised speed to the demarcation point, please contact MaxxSouth so it can determine if there is a MaxxSouth network issue that is interfering with your level of service. b. The bandwidth available to each device connected to the network will vary depending upon the number, type, and configuration of devices using the Service, and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on the condition of the relevant network infrastructure, your computer configuration, overall load on your internal network system, your use of MaxxSouth video on demand service, the condition of your cable lines and the wiring inside your location, and other factors that may be outside MaxxSouth’s control. MaxxSouth reserves the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control as necessary to maintain and improve appropriate customer service. c. MaxxSouth reserves the right to change any of the features, content or applications of the Service, including the maximum speeds of the Service, from time to time. d. If the equipment we provide you includes the ability to transmit internet signals wirelessly, also known as Wi‐Fi, MaxxSouth will use reasonable efforts to provide useful and reliable Wi‐Fi service to you, but you acknowledge that Wi‐Fi utilizes public, unlicensed radio‐frequency spectrum and, as a consequence, Wi‐ Fi is subject to many external interferences, environmental influences, and other factors and variables beyond MaxxSouth’s control. Performance and availability of Wi‐Fi will vary depending on a number of factors, including but not limited to: (a) transmission and download speed and accuracy; (b) overall network usage patterns; (c) performance, configuration, and functionality of your Wi‐Fi devices and wireless cards (including, but not limited to, memory, storage, and other limitations); (d) physical obstructions and distances between your Wi‐Fi device and the MaxxSouth network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. Wi‐Fi may also be interrupted, refused, limited or curtailed for any of these reasons. MaxxSouth is not responsible for data lost or misdirected due to these and other foreseeable or unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your Wi‐Fi device or MaxxSouth Wi‐Fi will operate. Actual network speed and other performance will vary. e. If you have service problems, MaxxSouth will attempt to correct service problems caused by our Equipment or Software; however, we are not required to install, service or replace other equipment or software. Depending on the circumstances, we may charge you for service calls. For more information, please contact MaxxSouth customer service in person, by phone, or online. f. MaxxSouth has no liability for service interruptions; however, if you lose all Service for more than 24 consecutive hours and the cause of the outage was within our reasonable control, MaxxSouth will provide you a credit for that period if you request one. All credit requests must be made within 30 days of your next bill following the outage or service issue. g. MaxxSouth has no obligation to compensate you for service problems that are beyond our reasonable control. Without limitation, examples of problems that are per se beyond our reasonable control include those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses, or labor disputes. h. Local law may impose other outage credit requirements with respect to some or all of the Services. If this is the case in your area, we will follow the local law. i. Our Services may not work with equipment, software or services that we did not provide to you, and MaxxSouth has no liability for this.

Availability of and Changes to Service. a. MaxxSouth Nymble provisions your modem and engineers its network so that its Subscribers you can enjoy the speeds to which they you subscribe. However, even where the network is optimally engineered, conditions outside MaxxSouthNymble’s control may affect service speed. MaxxSouth advertises Except in the case of a dedicated Internet connection, no Internet service provider can guarantee a particular speed at all times to its speeds based on the tier of service to which a Subscriber subscribescustomers, and Nymble cannot and does not guarantee Service will at all times and under all conditions achieve the maximum specific speeds. However, the Nymble system is engineered speed at any service tier meets or exceeds to deliver speeds that exceed the speed advertised, so the advertised at the point of demarcation (i.e., the point exterior to the residence at which the network equipment is continuously owned, maintained, and controlled by MaxxSouth). Accordingly, the speeds advertised for the Service reasonably describe the network upload and download speeds to that point and that you are therefore likely to experience under real-world conditions. Please note that your signal at modem may be degraded by a number of factors after the demarcation point, notably internal wiring and the inside configuration of customer equipment. If you believe that your service is not meeting the advertised speed to the demarcation point, please contact MaxxSouth so it can determine if there is a MaxxSouth network issue that is interfering with your level of service.the b. The bandwidth available to each a device connected to the network via Nymble will vary depending upon on the number, type, and configuration of devices using the Service, and the type of use (e.g., streaming media), among other factors. The Service speed of the Service will vary based on the condition of the relevant network infrastructure, your computer configuration, overall load on your internal network system, your use of MaxxSouth video on demand service, the condition of your cable lines and the wiring inside your location, and other factors that may be outside MaxxSouth’s Nymble control. MaxxSouth Nymble reserves the right, at any time, time and with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control as necessary to maintain and improve appropriate customer service. c. MaxxSouth Nymble reserves the right to change any of the features, content or applications of the Service, including the maximum speeds of the Service, rates and charges, required equipment, and upstream/downstream limitations, from time to timetime and with or without notice to you. If notice is provided, it will be provided pursuant to these Terms and Conditions or in any manner otherwise reasonably calculated to provide you notice. d. If the Nymble equipment we provide you includes the ability to transmit internet signals wirelessly, also known as Wi‐FiWi-Fi, MaxxSouth Nymble will use reasonable efforts to provide useful and reliable Wi‐Fi Wi-Fi service to youyou within the otherwise applicable terms of your Service, but you acknowledge that Wi‐Fi Wi-Fi utilizes public, unlicensed radio‐frequency radio frequency spectrum and, as a consequence, Wi‐ Fi consequence is subject to many external interferences, environmental influences, and other factors and variables beyond MaxxSouthNymble’s control. Performance and availability of Wi‐Fi Wi-Fi will vary depending on a number of factors, including but not limited to: (a1) transmission and download speed and accuracy; (b2) overall network usage patterns; (c3) performance, configuration, and functionality of your Wi‐Fi Wi-Fi devices and wireless cards (including, but not limited to, memory, storage, storage and other limitations); (d4) physical obstructions and distances between your Wi‐Fi Wi-Fi device and the MaxxSouth Nymble network; (e5) availability of electric power; (f6) collocation failures; (g7) transmission and equipment limitations, failures, maintenance or repair; and (h) 8) user error. Wi‐Fi may also be interrupted, refused, limited or curtailed for any of these reasons. MaxxSouth is not responsible for data lost or misdirected due to these and other foreseeable or unforeseeable factors. . e. Network speed is an estimate and is no indication of the speed at which your Wi‐Fi Wi-Fi device or MaxxSouth Wi‐Fi Nymble will operate. Actual network speed and other performance will vary. Nymble is not responsible for data lost or misdirected due service outages, interruptions, slowdowns, or lost signals. e. If you have service problems, MaxxSouth f. Nymble will attempt to correct any service problems caused by our Equipment Equipment, Software, or Softwarenetwork; however, under no circumstance are we are not required to install, install service or replace other equipment or softwaresoftware that we do not own or otherwise do not control. Depending on the circumstances, we may charge you for service calls. Specifically, if the issue cannot be diagnosed and solved remotely, and it is necessary to provide technical support in the field, you will be required to pre- pay for a Nymble service call; if it is determined based on that visit that the issue was caused by Nymble Equipment or Software, you will be reimbursed for the service call. For more information, please contact MaxxSouth Nymble customer service in person, by phone, or online. f. MaxxSouth g. Nymble has no liability for service interruptions; however, if you lose all access to Service for more than 24 consecutive hours and the cause of the outage was within our reasonable control, MaxxSouth Nymble will provide credit you a credit for that period if you request onerequest. All credit requests must be made in writing and received by Nymble within 30 45 days of your next bill following the outage or service issue. g. MaxxSouth h. Notwithstanding anything else in these terms and conditions, Nymble has no obligation to compensate or credit you for service problems that are beyond our reasonable control. Without limitation, examples of such problems that are per se beyond our reasonable control include those caused by storms and other natural disasters, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses, or labor disputes. h. i. Local law may impose other outage credit requirements with respect to some or all of the Services. If this is the case in your area, we will follow the local law. i. Our j. Equipment purchased from Nymble will be pre-provisioned to provide immediate Internet access following successful installation. Equipment not purchased through Nymble will need to go through a provisioning process, and it is necessary to contact Nymble to register and provision the Equipment prior to installation. Notwithstanding the foregoing, Services may not work network with equipment, software or services that we did not provide to you, you and MaxxSouth you understand and agree that Nymble has no liability for this.