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TERMS AND CONDITIONS

ACCEPTANCE OF TERMS
Welcome to www.CompanyConference.com, a web site (the "Site") provided to you ("You") by FairPoint Communications, Inc. and its affiliates ("Company") for the provision of conferencing services ("CompanyConference"). Your use of CompanyConference is governed by these Terms and Conditions of Use. These Terms and Conditions of Use include any updates and any additional guidelines or rules posted on the Site ("Terms and Conditions"). You can review the most current version of the Terms and Conditions at any time at www.CompanyConference.com by clicking on the Terms and Conditions link. Please note that the collection and dissemination by Company of information obtained from you is subject to the Privacy Statement, which may be viewed at any time by also clicking on the appropriate link.

By using CompanyConference, You agree to be bound by the Terms and Conditions. This is a legally binding agreement. If You do not agree with the Terms and Conditions, You should not use CompanyConference.

CompanyConference is controlled and operated by Company in the United States, and Company makes no representations that information and offerings or the Services provided through the Site are appropriate or available for use outside the United States.

INFORMATION
The Site includes information about CompanyConference and the various conferencing services available and allows You to purchase CompanyConference through an online account. Company offers technical support for CompanyConference through the Site. Company may alter, augment or terminate the Site or CompanyConference in whole or in part at any time and from time to time in its sole discretion. Company reserves the right to modify, deny or suspend your access to the Site or CompanyConference at any time without notice to You. Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site or CompanyConference. Company reserves the right to refuse to offer CompanyConference to anyone at any time without notice.

To use CompanyConference, You will need access to the World Wide Web, and You must pay any fees associated with your use of such access and the services You obtain. You will also need equipment and a modem or another access device. CompanyConference currently uses SSL technology to help protect information that passes over the Internet. You must have certain browser capabilities to take advantage of this encryption technology.

REGISTRATION REQUIREMENTS
To purchase CompanyConference or to access technical support, You must register with the Site. CompanyConference requires You to provide your name, company, title, address, phone number, email address and time zone. Upon submitting this information, You will receive an "account." You must also establish a password. You agree that You will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify Company by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) You become aware of any unauthorized use of your password or of any other breach of security that might affect CompanyConference. Company is not responsible for any loss or damage arising from your failure to comply with the provisions of this section, but You may be held liable for Company damages there from. If You are registering through a promotional offer, the additional terms and conditions set forth in the promotional offer apply.

SERVICES OFFERED
The information and descriptions of CompanyConference provided are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to CompanyConference. You assume total responsibility and risk for your use of the information provided on the Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on the Site.

CompanyConference is provided subject to applicable tariffs and any accompanying terms and conditions, which may be obtained from Company. If You purchase CompanyConference, You understand that such purchase is subject to these Terms and Conditions.

DISCLAIMER OF WARRANTIES
COMPANY OFFERS NO WARRANTIES WITH RESPECT TO THE COMPANYCONFERENCE SERVICES OFFERED OR OBTAINED THROUGH YOUR USE OF THE SITE. INFORMATION PROVIDED ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE SITE ARE YOUR SOLE RESPONSIBILITY.
THE USE OF COMPANYCONFERENCE SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND COMPANYCONFERENCE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY MAKES NO WARRANTY THAT COMPANYCONFERENCE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF COMPANYCONFERENCE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH COMPANYCONFERENCE IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANYCONFERENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF COMPANYCONFERENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR COMPANYCONFERENCE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH COMPANYCONFERENCE, (iv) YOUR RELIANCE ON COMPANYCONFERENCE; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF COMPANYCONFERENCE. IN NO EVENT SHALL COMPANY'S LIABILITY TO YOU RELATING TO YOUR USE OF COMPANYCONFERENCE EXCEED $100.

PAYMENT/BILLING
Company will send You an invoice for your use of CompanyConference. You agree to pay the invoice by the due date. If You do not pay the entire invoice by the due date Company may apply a late payment charge at the lesser of one and one half percent (1.5%) per month or the highest rate permissible under the applicable law. At any time, Company may require a deposit or other form of advance payment prior to allowing access or continuing access to CompanyConference based on Company's evaluation of your credit, or Company may terminate access to CompanyConference immediately if You fail to make payments by the due date. Unless otherwise agreed in writing, Company may adjust its fees at any time. All fees, billing and payment will be in United States dollars only. All payments hereunder are exclusive of all taxes. You agree to pay any taxes, whether federal, state or local, or municipal that may be imposed upon or with respect to CompanyConference, exclusive of taxes on Company's net income.

CONDUCT ON THE SITE
You agree to not use the Site to:

  1. Upload, post, e-mail or otherwise transmit any content (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited marketing; or (v) that contains software viruses or similar harmful components or routines;

  2. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;

  3. Interfere with or disrupt the Site, the hardware, software or networks connected to the Site, or any other users of the Site;

  4. to violate any applicable local, state, national or international law or regulation;

  5. Offer any information to a third party or use or exploit any portion of the Site to provide any commercial services to third parties; or

  6. Reference any e-mail accounts provided as part of the Site in any e-mail or online posting which violates these Terms and Conditions.

USE BY CHILDREN
Company does not solicit the use of the CompanyConference by minors. However, Company cannot prevent such use and cannot prevent minors from visiting the Site. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials are suitable for such children to view.

Company requires that use of CompanyConference be made either by: (a) individuals 18 years old or older; or (b) individuals under 18 years of age under the direct supervision of a parent, guardian or other responsible individual with such parent, guardian or other responsible individual's verifiable permission for such use, including the collection by Company of certain information in accordance with these Terms and Conditions.

EACH TIME YOU USE COMPANYCONFERENCE, YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) 18 YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING COMPANYCONFERENCE UNDER THE SUPERVISION, AND WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER RESPONSIBLE INDIVIDUAL FOR SUCH USE AND FOR THE COLLECTION OF CERTAIN INFORMATION IN ACCORDANCE WITH THESE TERMS OF USE.

LINKS
CompanyConference may include links to other World Wide Web sites ("Linked Sites"). You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Company with respect to the providers of the Linked Sites or the quality, reliability or any other characteristic or feature of the Linked Sites and Company is not responsible in any manner (including without limitation with respect to any loss or injury You suffer) for any matter associated with the Linked Sites, including without limitation, the content provided on or through the Linked Sites or your reliance thereon. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITES: YOUR USE OF ANY LINKED SITES IS SOLELY AT YOUR OWN RISK. In addition, You should be aware that your use of the Linked Sites is subject to the terms and conditions applicable to that site.

INDEMNITY
You agree to hold harmless and indemnify Company and its affiliates, and each of its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of CompanyConference including, without limitation (a) any Content thereon, and (b) any use of CompanyConference that violates the Terms and Conditions.

JURISDICTION AND VENUE
You agree that this Agreement and the relationship between You and Company will be governed by the laws of the State of North Carolina, without respect to its conflict of laws provisions.

GENERAL PRACTICES REGARDING STORAGE
You understand and agree that Company shall have no liability for the deletion or failure to store any information, content or data transmitted using the Site. You agree that Company may gather system data, which may include data regarding memory usage, navigation, screen resolution, color palettes, connection speed, efficiency and the like.

MISCELLANEOUS
The Terms and Conditions constitute the entire agreement between You and Company and govern your use of CompanyConference. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Company. You also may be subject to additional terms and conditions that may apply when You use third party content or services available through the CompanyConference. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to CompanyConference or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
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