MCC Network Solutions, LLC d/b/a Metro Communications

These Terms of Service (“TOS”) set forth the terms and conditions governing the purchase and use of business and enterprise telecommunications services, including but not limited to internet access, voice, hosted communications, data transport, managed networking, and related solutions (collectively, the “Services”) provided by MCC Network Solutions, LLC, doing business as Metro Communications (“Metro Communications”), an Illinois limited liability company headquartered at 8 S. Washington Street, Suite 200, Sullivan, Illinois 61951.

By ordering, accessing, or using the Services, Customer agrees to be bound by these Terms of Service, including any policies, schedules, or agreements incorporated herein by reference. Metro Communications may update these TOS from time to time in its sole discretion. Continued use of the Services following any such update constitutes Customer’s acceptance of the revised Terms. If Customer does not agree to any modification, Customer may terminate the applicable Services in accordance with the terms of this Agreement.

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Availability of Services

Customer understands and acknowledges that Metro Communications reserves the right to restrict, suspend, modify, or discontinue any Services, applications, or content if, in Metro Communications’ sole discretion, its network integrity, operational stability, legal compliance, or business interests may be adversely impacted.

Metro Communications further reserves the right to manage network resources and capacity to maintain service quality and operational reliability for all customers.

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Customer Responsibility for Content and Use

Customer is solely responsible for all information, data, applications, communications, and materials transmitted, stored, distributed, or otherwise made available through the Services.

Metro Communications does not control and assumes no responsibility for any content transmitted through the Services or the internet generally. Customer agrees that it shall be solely responsible for any websites, servers, systems, or applications connected to or utilizing the Services.

Metro Communications reserves the right, but not the obligation, to monitor use of the Services as necessary to:

1. comply with applicable laws, regulations, subpoenas, or governmental requests;

2. protect the integrity and security of the network and Services;

3. enforce these Terms or applicable Acceptable Use Policies; or

4. protect Metro Communications and its customers from fraudulent, abusive, unlawful, or harmful activity.

If Metro Communications becomes aware of activity that may violate these Terms, applicable law, or its Acceptable Use Policy, Metro Communications may suspend or terminate Services without notice.

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Acceptable Use Policy

Customer agrees not to misuse the Services or permit any third party to misuse the Services. Prohibited uses include, but are not limited to:

• unlawful activities;

• transmitting malicious software or harmful code;

• network abuse or unauthorized access attempts;

• excessive spam or unsolicited commercial messaging;

• fraudulent or misleading communications;

• infringement of intellectual property rights;

• activities that interfere with network performance or security.

Customer remains fully responsible for all usage occurring through Customer’s account, equipment, systems, or credentials.

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Fraudulent or Harmful Activity

Customer shall not use the Services to transmit or distribute:

• viruses, malware, ransomware, worms, Trojan horses, or other harmful software;

• fraudulent offers or deceptive communications;

• unlawful, threatening, abusive, defamatory, or harassing material;

• content violating applicable local, state, federal, or international law.

Metro Communications reserves the right to immediately suspend Services where harmful or unlawful activity is suspected.

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Monitoring and Network Management

Metro Communications reserves the right, but not the obligation, to monitor network traffic, service utilization, and system activity to ensure compliance with these Terms, maintain network security, manage capacity, and protect the Services.

Customer acknowledges and consents to such monitoring as a condition of using the Services.

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Intellectual Property

All Metro Communications trademarks, service marks, logos, trade names, and branding (“Metro Communications Marks”) remain the exclusive property of Metro Communications. Customer shall not reproduce, distribute, or use any Metro Communications Marks without prior written consent.

Customer retains ownership of its own intellectual property and content transmitted through the Services.

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Service Termination

Either party may terminate Services pursuant to the applicable service order, master services agreement, or written contract governing the Services.

Upon termination:

• Customer shall immediately cease use of the Services;

• all Metro Communications-owned equipment must be returned promptly in good working order;

• Customer remains responsible for all charges incurred through the effective termination date.

Failure to return Metro Communications equipment may result in replacement fees and associated costs.

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Resale Restrictions

Unless expressly authorized in writing, Customer may not resell, redistribute, share, or commercially exploit the Services or any portion thereof.

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Customer Proprietary Network Information (CPNI)

Metro Communications shall protect Customer Proprietary Network Information (“CPNI”) in accordance with applicable federal law, including the Communications Act and FCC regulations.

Metro Communications shall use and disclose CPNI only as necessary to provide Services, comply with legal obligations, or as otherwise authorized by Customer.

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CALEA Compliance

Pursuant to the Communications Assistance for Law Enforcement Act (“CALEA”), Metro Communications may provide assistance to authorized law enforcement agencies in accordance with applicable law and valid legal process.

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Security

While Metro Communications takes commercially reasonable measures to maintain network security, no network or transmission method is completely secure.

Customer remains solely responsible for:

• securing its internal systems and devices;

• maintaining appropriate cybersecurity protections;

• protecting usernames, passwords, and credentials;

• backing up critical business data.

Metro Communications shall not be liable for unauthorized access, hacking incidents, data loss, or security breaches occurring through Customer systems or third-party systems.

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Voice and 911/E911 Limitations

Certain voice or hosted communication Services may rely upon internet connectivity and electrical power. Customer acknowledges that interruptions in internet access or power may impact the availability of voice services, including 911/E911 functionality.

Customer agrees to review all applicable 911/E911 notices and limitations provided by Metro Communications and to notify all users of such limitations.

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Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, METRO COMMUNICATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, OR UNINTERRUPTED SERVICE.

Metro Communications does not guarantee:

• uninterrupted or error-free service;

• specific upload or download speeds;

• compatibility with Customer equipment or applications;

• uninterrupted access during maintenance, outages, or force majeure events.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, METRO COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE SERVICES.

Metro Communications’ total cumulative liability arising under these Terms shall not exceed the total amount paid by Customer for the affected Services during the three (3) months preceding the event giving rise to the claim.

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Indemnification

Customer agrees to indemnify, defend, and hold harmless Metro Communications and its affiliates, officers, employees, agents, contractors, and representatives from and against any claims, damages, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of:

• Customer’s use of the Services;

• Customer’s violation of these Terms;

• Customer’s violation of applicable law;

• Customer’s infringement of third-party rights;

• unauthorized or unlawful activity occurring through Customer’s systems or accounts.

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Privacy

Customer information collected in connection with the Services shall be governed by Metro Communications’ applicable Privacy Policy.

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Export Compliance

Customer agrees to comply with all applicable export control and sanctions laws and regulations of the United States and other applicable jurisdictions.

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Force Majeure

Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to:

• natural disasters;

• acts of God;

• utility failures;

• labor disputes;

• governmental actions;

• terrorism;

• civil unrest;

• fiber cuts or infrastructure damage;

• pandemics or public emergencies.

Customer payment obligations shall survive any force majeure event.

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Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles.

The parties agree that any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Illinois.

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Assignment

Customer may not assign these Terms or any associated Services without the prior written consent of Metro Communications.

Metro Communications may assign its rights and obligations under these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

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General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms, together with any applicable service orders, master service agreements, or incorporated policies, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements or understandings relating thereto.

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TERMS OF SERVICE

These Terms of Service (“TOS”) set forth the terms and conditions for the purchase and use of business and enterprise communications services, including internet access, voice, hosted voice, phone, data, connectivity, managed network, and related telecommunications solutions (collectively, the “Services”) provided by MCC Network Solutions, LLC, doing business as Metro Communications (“Metro Communications”), an Illinois limited liability company headquartered at 8 S. Washington Street, Suite 200, Sullivan, IL 61951.

By ordering, accessing, or using Services from Metro Communications, Customer agrees to these Terms of Service and any applicable service order, master service agreement, statement of work, acceptable use policy, privacy policy, 911/E911 notice, or other written agreement incorporated by reference. Metro Communications may update these TOS from time to time in its sole discretion. Customer’s continued use of the Services following such updates constitutes acceptance of the revised terms. If Customer does not agree to the terms or any modification, Customer may terminate the applicable Services in accordance with its service agreement. Terms used in a Service Agreement, but not otherwise defined, shall have the same meanings ascribed to them in these TOS.

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Availability of Content and Services

Customer understands and acknowledges that Metro Communications reserves the right to restrict, suspend, modify, or discontinue any content, application, feature, or service that may otherwise be available through the Services if, in Metro Communications’ sole opinion, its network, operations, customers, legal compliance, security, or business interests are put at risk or the capacity or performance of its network is diminished.

Metro Communications reserves the right to manage network resources and take reasonable steps necessary to preserve network integrity, service quality, and operational reliability.

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Responsibility for Content

Customer is solely and exclusively responsible for any material, data, communication, application, software, website, file, or content that Customer, its employees, agents, contractors, end users, or other authorized or unauthorized users distribute, copy, create, host, store, transmit, access, or otherwise make available through the Services.

Metro Communications takes no responsibility for any material created, stored, transmitted, or accessible on or through the Services or the internet. Customer shall be solely responsible for all content available on or through Customer’s website, network, servers, systems, devices, applications, or accounts, if any, and Metro Communications expressly disclaims any and all liability for such content.

Metro Communications is not obligated to monitor or exercise editorial control over such material, but reserves the right to do so. If Metro Communications becomes aware that any material or activity may violate these TOS, any applicable Acceptable Use Policy, applicable law, or may expose Metro Communications to civil or criminal liability, Metro Communications reserves the right to block access to such material and suspend or terminate Services provided to any Customer or User creating, storing, transmitting, or disseminating such material.

Metro Communications further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Customer or User that Metro Communications deems responsible for the wrongdoing, as permitted or required by law.

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Termination

Either Metro Communications or Customer may terminate Services as permitted under the applicable service order, service agreement, master services agreement, or written contract governing the Services.

Upon termination, Customer must immediately cease all use of the Services and all Metro Communications equipment. Customer is responsible for payment of Services until the Services are disconnected and all Metro Communications equipment is returned. Customer must return all Metro Communications equipment to Metro Communications at the appropriate local service center or to Metro Communications’ designee.

If equipment is not returned, is damaged, or is not in working order, Customer is responsible for an amount up to the retail price for replacement equipment and any incidental costs incurred due to the replacement.

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Acceptable Use Policy

Customer agrees not to misuse the Services, including using the Services for purposes that are illegal, improper, harmful, fraudulent, abusive, infringe the rights of others, or adversely impact the use or enjoyment of the Services by others.

Customer is responsible for all activity on the Services, whether such activity is undertaken by Customer, Customer’s employees, contractors, agents, guests, end users, or any other person or system using Customer’s account, equipment, network, credentials, or connection.

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Inappropriate Content

Users shall not use the Services to transmit, distribute, or store material that is illegal, as reasonably determined by federal law, state law, any regulatory authority, or Metro Communications, including but not limited to illegal pornographic material, child sexual abuse material, defamatory, libelous, threatening, harassing, abusive, hateful, or excessively violent material.

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Harmful Content

Users shall not use the Services to transmit, distribute, store, or facilitate material that contains a virus, worm, Trojan horse, ransomware, malware, spyware, botnet, or other component harmful to the Services, Metro Communications’ network, any other network or equipment, or other users.

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Fraudulent or Misleading Content

Users shall not use the Services to transmit, distribute, or facilitate material containing fraudulent offers for goods or services, phishing attempts, impersonation, spoofing, deceptive communications, or advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

Users are also prohibited from submitting false or inaccurate data on any order form, service order, contract, credit application, online application, or account documentation, including the fraudulent use of credit cards or payment information.

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Monitoring by Metro Communications

Metro Communications reserves the right, but is under no obligation, to monitor material residing on or transmitted through Metro Communications’ websites, network, servers, systems, or Services.

Customer’s use of the Services evidences Customer’s consent that Metro Communications may monitor Metro Communications websites, the Services, network activity, and/or server contents at any time to:

1. comply with applicable laws, regulations, court orders, subpoenas, or governmental requests;

2. enforce these TOS, any applicable Acceptable Use Policy, or other service terms;

3. operate and protect the network and Services properly;

4. protect Metro Communications, its customers, and users; or

5. investigate suspected fraud, abuse, security threats, or unlawful activity.

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Unsolicited Messages

Users may not use the Services to send unsolicited email messages, text messages, voice messages, bulk commercial advertising, robocalls, spam, or informational announcements in violation of applicable law or industry standards.

Prohibited activities include, without limitation:

1. using an account, server, phone system, hosted voice platform, or connection on Metro Communications’ network to send spam or unlawful messages;

2. using another provider’s service to send spam or unlawful messages that promote a site, number, application, or service hosted on or connected to Metro Communications’ Services;

3. sending messages intended to harass, annoy, overload, or abuse others;

4. continuing to send messages to a recipient who has indicated they do not wish to receive them;

5. sending messages with forged or misleading header, routing, caller ID, or origination information;

6. sending malicious messages, including mailbombing, phishing, spoofing, or malware distribution;

7. violating the use policies of any other internet, voice, messaging, or communications service provider;

8. using an email box, voicemail box, hosted voice account, or similar service exclusively as storage space; or

9. posting the same or similar message excessively to one or more forums, groups, or platforms.

A message will be considered unsolicited if it is sent to a recipient who has not expressly requested or invited it, with whom the sender does not have an existing business or personal relationship, or who has requested that the sender stop sending messages.

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Intellectual Property

Material accessible through the Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to copyrights, patents, trademarks, service marks, trade secrets, or other proprietary information.

Users shall not use the Services in any manner that would infringe, violate, dilute, or misappropriate any such rights. If Customer uses a domain name, website, hosted service, or digital platform in connection with the Services, Customer must not use it in violation of the trademark, service mark, copyright, or similar rights of any third party.

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User Submissions and Grant of License

By posting or submitting content to Metro Communications’ websites, portals, platforms, or digital properties, Customer or User:

1. grants to Metro Communications, its affiliates, and licensees a royalty-free, worldwide, perpetual license to use, reproduce, display, transmit, copy, perform, adapt, modify, distribute, and promote the content in any form, in any medium, and for any lawful business purpose; and

2. warrants and represents that Customer or User owns or otherwise controls all rights to such content and that any use of such content by Metro Communications will not infringe the rights of any party.

All materials contained in Metro Communications’ websites are protected by national and international copyright and trademark laws. Except as expressly authorized by Metro Communications, Customer agrees not to copy, reproduce, transmit, publicly display, sell, license, rent, modify, distribute, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

Notwithstanding the foregoing, Customer may print or download one copy of materials or content from Metro Communications’ websites for Customer’s internal, non-commercial reference use, provided Customer keeps intact all copyright and other proprietary notices. Except as authorized in this paragraph, Customer is not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material, products, services, processes, or technology described therein. All such rights are retained by Metro Communications or any third-party owner of such rights.

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Use of Our Marks

All Metro Communications names, logos, product names, service names, service marks, trademarks, design marks, and slogans are the property of Metro Communications or its affiliates (“Metro Communications Marks”).

Customer is not authorized to display, copy, transmit, reproduce, modify, or use any Metro Communications Mark in any manner without the prior written consent of Metro Communications. Metro Communications’ websites may contain other products, services, and company names that may be the intellectual property of their respective owners.

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Take Down

Metro Communications reserves the right to reject, block, disable, or remove any material residing on, transmitted to, or transmitted through the Services that it, in its sole discretion, believes is unacceptable, unlawful, harmful, or in violation of these TOS, any applicable Acceptable Use Policy, or applicable law.

Customer agrees that Metro Communications may immediately remove or disable access to content posted, hosted, transmitted, or made available by Customer, Customer’s employees, or users if Metro Communications believes such content is unlawful, violates these TOS or any applicable Acceptable Use Policy, or such removal is done pursuant to the Digital Millennium Copyright Act.

Customer further agrees that, upon Metro Communications’ request, Customer shall terminate service or access for any of Customer’s users who, in Metro Communications’ sole discretion, have violated these TOS, any applicable Acceptable Use Policy, or applicable law or regulations.

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Indemnification

Customer shall indemnify, defend, and hold harmless Metro Communications and its affiliates, officers, directors, agents, contractors, representatives, and employees from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising out of or relating to:

1. Customer’s use of the Services;

2. Customer’s equipment, systems, network, applications, content, or users;

3. Customer’s violation of these TOS or any applicable agreement;

4. Customer’s violation of applicable law;

5. infringement or alleged infringement of contractual rights, privacy rights, confidentiality obligations, copyrights, patents, trademarks, trade secrets, or other intellectual property or proprietary rights;

6. unauthorized or unlawful activity occurring through Customer’s Services, systems, equipment, or credentials; or

7. any claims or damages arising out of limitations, unavailability, failure, or misuse of 911/E911 dialing, voice services, alarm systems, security systems, medical monitoring systems, fire panels, elevator lines, fax machines, point-of-sale systems, or other analog or specialty systems connected to or dependent upon the Services.

Metro Communications has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer.

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Disclaimer of Warranties

Customer assumes total responsibility for use of the Services, applicable equipment, Customer equipment, Customer systems, voice services, internet access, and the internet, and accesses the same at Customer’s own risk.

The materials on Metro Communications’ websites are provided “as is” without warranty of any kind, either express or implied. Customer recognizes that Metro Communications has no responsibility for the security of or loss of stored data, intrusion, unauthorized access, content accessible through the internet, or actions taken on the internet, except as specifically set forth in a written agreement.

Metro Communications expressly disclaims any and all express or implied warranties, including without limitation:

1. warranties as to the availability, accuracy, or content of information, products, or services;

2. warranties of availability, quality of service, merchantability, fitness for a particular purpose, non-infringement, or proper or timely delivery or security of Customer’s communications over Metro Communications’ facilities;

3. warranties that Services will be continuous, uninterrupted, secure, or error-free;

4. warranties that Services will be available on a specified date or time or that the network will have capacity to meet demand during specific hours;

5. warranties of any particular download speed, upload speed, latency, jitter, packet loss, call quality, or other service characteristic unless expressly stated in a separate written service level agreement; and

6. warranties of compatibility with Customer’s computers, phones, PBX systems, firewalls, routers, switches, operating systems, software, applications, security systems, medical monitoring systems, fax machines, credit card terminals, elevator phones, or other equipment.

Metro Communications equipment is provided without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Materials on Metro Communications’ websites or available through the Services may include technical inaccuracies or typographical errors. Metro Communications does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed on Metro Communications’ websites, servers, systems, or through the Services.

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Limitation of Liability

Metro Communications’ liability to Customer hereunder shall be limited to the provisioning of Services. Neither Metro Communications nor its affiliates, subsidiaries, employees, contractors, agents, representatives, or suppliers shall be liable to Customer for any special, indirect, incidental, consequential, exemplary, or punitive damages, including lost profits, loss of revenue, loss of business, loss of use, loss of data, business interruption, reputational harm, or costs of substitute services.

This limitation includes, without limitation, damages claimed as a result of:

1. loss of data, hardware, software, systems, or applications;

2. access delays or service interruptions;

3. computer viruses, malware, ransomware, or cybersecurity incidents;

4. data non-delivery, mis-delivery, corruption, or unauthorized access;

5. errors, omissions, or misstatements in information, goods, or services obtained on or through the Services;

6. voice service interruptions, call quality issues, or failed calls;

7. 911/E911 limitations or failures; or

8. incompatibility with Customer equipment or third-party systems.

Metro Communications’ entire liability and Customer’s exclusive remedy with respect to use of the Services, service software, equipment, and any breach of these TOS shall be strictly limited to a prorated portion of the amount paid to Metro Communications for the affected Services during the billing period in which the issue occurred, unless otherwise expressly stated in a separate written agreement.

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Reselling

Customer may not resell the Services, or any portion thereof, or otherwise charge others to use the Services, unless expressly authorized in writing by Metro Communications.

Customer may not redistribute the Services, or any portion thereof, whether or not Customer receives compensation for such redistribution, unless expressly authorized in writing by Metro Communications.

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CPNI

Customer Proprietary Network Information (“CPNI”) shall be considered confidential information of Customer. Except as otherwise expressly permitted in writing by an authorized representative of Customer, Metro Communications agrees that it will not:

1. use CPNI for any purpose other than to provide, maintain, improve, support, bill, and administer the Services or as otherwise permitted by law; and

2. disclose or reveal CPNI to any person or entity other than its employees, directors, officers, agents, contractors, consultants, affiliates, or service providers who have a need to know for purposes related to the Services and are subject to confidentiality obligations.

During the term of the Agreement, Customer may designate an authorized account representative who has authority to request Customer’s CPNI through Customer’s dedicated Metro Communications account representative or other approved support channel.

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CALEA

Pursuant to the Communications Assistance for Law Enforcement Act (“CALEA”), 47 U.S.C. §§ 1001-1010, Metro Communications will provide assistance to local, state, and/or federal authorities who provide valid legal process, including a summons, court order, subpoena, warrant, or other legally sufficient request.

All requests are evaluated and reviewed on a case-by-case basis in light of applicable procedural requirements, legal requirements, and governing law.

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Export Laws

Customer expressly agrees to comply with all applicable export and re-export laws, including but not limited to the Export Administration Act, the Arms Export Control Act, and their implementing regulations.

Customer further expressly agrees not to use the Services in any way that violates any provision of such laws or their implementing regulations.

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Security

Metro Communications makes commercially reasonable efforts to keep its network secure, but no network security is perfect.

While Metro Communications may provide technical assistance, Customer is responsible for implementing appropriate security measures when using the Services, including taking all steps necessary to ensure that Customer’s data, systems, users, devices, applications, and networks are not accessed by unauthorized third parties.

Customer is responsible for maintaining:

1. secure passwords and credentials;

2. firewalls and endpoint protections;

3. software updates and patches;

4. data backups;

5. internal security policies;

6. appropriate access controls; and

7. cybersecurity protections suitable for Customer’s business operations.

Metro Communications is not responsible for damages caused by unauthorized third parties, compromised Customer systems, or Customer’s failure to implement reasonable security measures.

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911/E911 Acknowledgement

CUSTOMER ACKNOWLEDGES THAT CERTAIN METRO COMMUNICATIONS VOICE, HOSTED VOICE, INTERNET-BASED PHONE, OR RELATED SERVICES MAY NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK.

CUSTOMER ACKNOWLEDGES THAT 911/E911 SERVICES MAY BE LIMITED OR UNAVAILABLE DURING POWER OUTAGES, INTERNET OUTAGES, NETWORK DISRUPTIONS, EQUIPMENT FAILURE, SERVICE SUSPENSION, MISCONFIGURATION, RELOCATION OF EQUIPMENT, FAILURE TO UPDATE REGISTERED SERVICE ADDRESS INFORMATION, OR OTHER CIRCUMSTANCES.

CUSTOMER AGREES TO NOTIFY ALL POTENTIAL USERS OF THE SERVICES, INCLUDING EMPLOYEES, CONTRACTORS, GUESTS, TENANTS, AND OTHER END USERS WHO MAY PLACE CALLS USING CUSTOMER’S SERVICES, OF ANY 911/E911 LIMITATIONS.

CUSTOMER AGREES TO PLACE ANY WARNING LABELS OR NOTICES PROVIDED BY METRO COMMUNICATIONS ON OR NEAR EACH TELEPHONE OR OTHER CUSTOMER PREMISE EQUIPMENT ON WHICH THE SERVICES MAY BE UTILIZED.

METRO COMMUNICATIONS ADVISES CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

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Privacy

Customer understands and agrees that information provided to and collected by Metro Communications in connection with the Services is subject to Metro Communications’ applicable Privacy Policy.

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Digital Millennium Copyright Act

Metro Communications maintains policies and procedures for the handling of complaints under the Digital Millennium Copyright Act, which are incorporated into these TOS where applicable.

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Retention of Rights

Nothing contained in these TOS shall be construed to limit Metro Communications’ rights and remedies available at law or in equity.

Upon termination of these TOS or any applicable Services for any reason, Metro Communications reserves the right to delete Customer data, files, electronic messages, voicemail, account information, configurations, or other Customer information stored on Metro Communications’ or its suppliers’ servers or systems, subject to applicable law and retention obligations.

Customer may forfeit account usernames, email addresses, IP addresses, web space addresses, voicemail, configurations, and telephone numbers associated with the Services. If Customer cancels voice service without porting associated telephone numbers to another provider, Customer may forfeit such telephone numbers.

Metro Communications shall have no liability whatsoever as a result of the loss of any such data, names, addresses, numbers, messages, or configurations.

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Force Majeure

Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control, including but not limited to acts of God, fire, explosion, vandalism, cable cuts, fiber cuts, utility failures, storms, floods, natural disasters, cyberattacks, terrorism, epidemics, pandemics, public emergencies, governmental actions, court orders, regulatory actions, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, supply chain disruptions, or other labor disputes or difficulties.

Notwithstanding anything to the contrary set forth herein, Customer agrees that payment obligations shall be absolute and not subject to delay due to any event of force majeure.

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Governing Law

These TOS shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.

The parties agree that the state courts located in Illinois, or, where appropriate, a federal district court located in Illinois, shall have jurisdiction over disputes arising out of or related to these TOS, the Services, or Customer’s use or non-use of the Services.

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Assignment

Customer may not assign any rights or obligations under these TOS without Metro Communications’ prior written consent.

Metro Communications may freely assign its rights and obligations under these TOS to an affiliate, successor, or in connection with a merger, acquisition, reorganization, sale of assets, or transfer of business operations, without notice or consent.

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General Provisions

If any part of these TOS is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder shall continue in full force and effect.

These TOS, together with any applicable service order, master services agreement, statement of work, acceptable use policy, privacy policy, 911/E911 notice, or other incorporated policy or agreement, constitute the agreement between Customer and Metro Communications regarding the Services.

CUSTOMER AGREES TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN MOULTRIE COUNTY, ILLINOIS, OR, IF APPROPRIATE, A FEDERAL DISTRICT COURT HAVING JURISDICTION OVER MOULTRIE COUNTY, ILLINOIS, FOR RESOLUTION OF ANY DISPUTE, ACTION, OR PROCEEDING ARISING IN CONNECTION WITH THESE TOS OR CUSTOMER’S USE OR NON-USE OF THE SERVICES. CUSTOMER FURTHER IRREVOCABLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO TRIAL BY JURY IN ANY SUCH DISPUTE, ACTION, OR PROCEEDING.