general terms and conditions note, these terms and

50
1 GENERAL TERMS AND CONDITIONS Note, these terms and conditions are taken from the Sprint Communication Company L.P. P.U.C. of Texas Local Exchange Tariff No. 1and are current as of July 1, 2003. This document does not contain pricing for any products or services. Customer is advised to reference customer’s order or the tariff for current pricing. 1. Definitions Certain terms used generally throughout this tariff for services furnished by the Company are defined below. Access Line A Telephone facility which permits access to and from both the Customer’s premises and the telephone exchange or serving central office. Account A Company accounting category containing one or more residential local exchange access lines billed to the same customer at the same address. The second or non-primary local exchange access line will not share any call allowances of the primary local exchange access line. Therefore, the second or non-primary local exchange access line will not be provisioned to include a separate call allowance structure. No features are included with the additional or non-primary local exchange access line. Advance Payment A payment that may be required by the Company as a means of being compensated for extraordinary expenses, including, but not limited to, special construction costs associated with a particular service installation. Agent A business representative, whose function is to modify, affect, accept performance of, or terminate contractual obligations between the Company, its applicants or Customers. Applicant A person who applies for telecommunications service, including persons seeking reconnection of their service after Company-initiated termination. Application A request made orally or in writing for telephone service. Billing Cycle The frequency with which customer bills are rendered. Customer bills are typically generated once each month. For purposes of billing, a month is considered to consist of thirty days. Building A structure under one roof and of such a nature that it can in itself fulfill the requirements of a business or residence establishment, or both; or two or more structures that are connected by means of enclosed passageways (overhead bridges, subways, or a ground level) or common basements, permitting access from one building to the other, that are suitable for the routing, placing, and proper protection of inside applicable and wire type facilities. In no case can conduit be considered an enclosed passageway. Central Office A switching unit in a telephone system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting Customer lines and trunks or trunks only. There may be more than one central office in a building or exchange. Class of Service

Upload: others

Post on 01-Dec-2021

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: GENERAL TERMS AND CONDITIONS Note, these terms and

1

GENERAL TERMS AND CONDITIONS Note, these terms and conditions are taken from the Sprint Communication Company L.P. P.U.C. of Texas Local Exchange Tariff No. 1and are current as of July 1, 2003. This document does not contain pricing for any products or services. Customer is advised to reference customer’s order or the tariff for current pricing. 1. Definitions Certain terms used generally throughout this tariff for services furnished by the Company are defined below. Access Line A Telephone facility which permits access to and from both the Customer’s premises and the telephone exchange or serving central office. Account A Company accounting category containing one or more residential local exchange access lines billed to the same customer at the same address. The second or non-primary local exchange access line will not share any call allowances of the primary local exchange access line. Therefore, the second or non-primary local exchange access line will not be provisioned to include a separate call allowance structure. No features are included with the additional or non-primary local exchange access line. Advance Payment A payment that may be required by the Company as a means of being compensated for extraordinary expenses, including, but not limited to, special construction costs associated with a particular service installation. Agent A business representative, whose function is to modify, affect, accept performance of, or terminate contractual obligations between the Company, its applicants or Customers. Applicant A person who applies for telecommunications service, including persons seeking reconnection of their service after Company-initiated termination. Application A request made orally or in writing for telephone service. Billing Cycle The frequency with which customer bills are rendered. Customer bills are typically generated once each month. For purposes of billing, a month is considered to consist of thirty days. Building A structure under one roof and of such a nature that it can in itself fulfill the requirements of a business or residence establishment, or both; or two or more structures that are connected by means of enclosed passageways (overhead bridges, subways, or a ground level) or common basements, permitting access from one building to the other, that are suitable for the routing, placing, and proper protection of inside applicable and wire type facilities. In no case can conduit be considered an enclosed passageway. Central Office A switching unit in a telephone system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting Customer lines and trunks or trunks only. There may be more than one central office in a building or exchange. Class of Service

Page 2: GENERAL TERMS AND CONDITIONS Note, these terms and

2

The categories of service generally available to the Customer, such as business and residential services. Commission The Public Utility Commission of Texas. Company Sprint Communications Company L. P., the issuer of this tariff. Competitive Local Exchange Carrier (CLEC) A common carrier that is issued a Certificate of Public Convenience and Necessity to provide local exchange telecommunications service for a geographic area specified by such carrier within the State of Texas. Completed Call or Telephonic Communication A call, or other telephonic communication, originated by a person or mechanical/electrical device from a telephone number to another telephone number which is answered by a person or mechanical/electrical device. The numbers may be located any distance apart within the state; and the communication may consist of voice, data, the combination of both, or other transmission via a wire or wireless medium; and may be for any duration of time. Connecting Company A corporation, association, partnership or individual owning or operating one or more telephone exchanges and with which communications services are interchanged. Construction Charges Separate charges made for the construction of facilities in excess of those contemplated under the rates quoted in this tariff. Continuous Property Continuous property is defined as a plot of ground, together with any buildings thereon, occupied by the Customer; which is not separated by public thoroughfares or by property occupied by others. Contract The agreement between a Customer and the Company under which service and facilities are furnished in accordance with the applicable provisions of the Tariffs. Cost The cost of labor and materials, which includes appropriate amounts to cover the Company’s general operating and administrative expenses. Customer The person, firm or corporation which orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff. Customer Premises A location designated by the customer for the purposes of connecting to the Company’s services. Customer Provided Equipment All communications systems, devices, apparatus and their associated wiring, provided by the Customer. Date of Presentation Postmark date on billing or notice envelope.

Page 3: GENERAL TERMS AND CONDITIONS Note, these terms and

3

Dedicated A facility or equipment system or subsystem set aside for the sole use of a specific Customer. This term is generally used to describe higher capacity trunks used in typical commercial applications. Direct Inward Dial (DID) Provides capability for direct inward dialing to a PBX station without attendant assistance. Direct Inward Outward Dial (DIOD) Provides the combined capabilities of DID and DOD. Direct Outward Dial (DOD) Provides recognition, by the exchange telephone network, of the capability in a PBX for direct outward dialing to an outside station without attendant assistance. Directory Listing A publication in the ILEC’s alphabetical directory of information relative to a customer’s name or other identification and telephone number. Disconnect Notice The written notice sent to a Customer following billing, notifying the Customer that service will be discontinued if charges are not satisfied by the date specified on the notice. End Office Denotes the LEC switching system office or service wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trunks. Equal Access A form of dialed access provided by local exchange companies whereby interexchange calls dialed by the Customer are automatically routed to the selected IXC’s network. Presubscribed Customers may also route interexchange calls to the Company’s network by dialing an access code supplied by the IXC. Exchange/Exchange Area A geographical area established for the administration of telephone service in a specified area, called the “Exchange Area”, which usually embraces the city, town or village, and its surrounding area. It may contain one or more central offices together with the associated plant, equipment and facilities used in furnishing communication service within an exchange area. Holiday New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Increment Units of measurement defined as minutes, messages or other units charged to a Customer for use of service. Incumbent Local Exchange Carrier (ILEC) ILEC refers to the dominant local exchange carrier(s) in an area also served by the Company. Installation Charge A nonrecurring charge made at the time of installation of communications service which may apply in place of or in addition to service charges and other applicable charges for service or equipment. Interexchange Carrier (IXC) See Long Distance Provider.

Page 4: GENERAL TERMS AND CONDITIONS Note, these terms and

4

Interface (also see Point of Demarcation) The term “Interface” denotes that point on the premises of the Customer at which provision is made for the connection of customer provided facilities or in a residence to facilities provided by the Company. Interface Equipment Equipment provided by the Company at the interface location to accomplish the direct electrical connection of facilities provided by the Company with facilities provided by the Customer. Local Access and Transport Area (LATA) A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff F.C.C. No. 4. Local Calling Area That geographic area throughout which a Customer of local exchange service obtains telephone service without payment of a toll charge. It includes the home exchange and may also include other nearby exchanges. A local calling area may consist of one, or more than one, central office areas. Local Exchange Service The provision of an access line and usage within a local calling area for the transmission of one way and/or two-way interactive switched voice communication. Long Distance Provider A long distance telecommunications services provider, also known as IXC or Interexchange Carrier. Minimum Service Term The minimum length of time for which a Customer is obligated to pay for service, whether or not retained by the Customer for such minimum length of time. Monthly Recurring Charges The monthly charges paid by the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service. Network Control Signaling The transmission signals used in the telecommunications network which perform functions such as supervision (control, status and charging signals), address signaling (e.g., dialing), calling and called number identification, and audible tone signals (call progress signals indicating re-order or busy conditions, alerting, coin denominations, coin collect and coin return tones) to control the operation of switching machines in the telecommunications network. Nonrecurring Charge The one-time initial charge for services or facilities, including but not limited to charges for construction, installation or special fees for which the Customer becomes liable at the time the service order is executed. Non-Sufficient Funds (NSF) Check Any negotiable instrument returned by the bank, savings institution, or other eligible institutions which is returned by that institution with one of the following instructions: non sufficient funds, uncollected funds, account closed, account frozen or no account. Person A person, firm, partnership, corporation, association, municipality, organization, government agency, real estate trust, or other legal entity.

Page 5: GENERAL TERMS AND CONDITIONS Note, these terms and

5

Point of Demarcation (Also, see Interface) The point, usually a Network Interface Device (NID), where Company network services, or facilities terminate and the Company’s responsibility for installing and maintaining such services or facilities ends.

Premises (Same) The term "Same Premises" (except in connection with inside moves) shall be interpreted to mean:

(a) the building or buildings, together with the surrounding land occupied or used in the conduct of one establishment or business, or as a residence, and not intersected by a public thoroughfare or by property occupied by others; or (b) the portion of the building occupied by the Customer, either in the conduct of his/her business or as a residence, and not intersected by a public corridor or by space occupied by others; or (c) the building or portion of a building occupied by the Customer in the conduct of his/her business and as a residence provided both the business and residence bear the same street address; or (d) the continuous property operated as a single farm not intersected by a public thoroughfare. In connection with inside moves, the term "Same Premises" is to be interpreted to mean the building or portion of a building occupied as a unit by the customer in the conduct of his/her business or residence, or a combination thereof, and not intersected by a public thoroughfare, a corridor or space occupied by others. Registered Equipment The term "Registered Equipment" as used in this tariff denotes equipment which complies with and has been approved within the registration provisions of Part 68 of the Federal Communications Commission’s Rules and Regulations. Service Area The area in which the Company is authorized to provide service. Serving Central Office The term “Serving Central Office” denotes the LEC switching system office or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trunks. Service Connection Charge The nonrecurring charge a Customer is required to pay at the time of the establishment of telephone service or subsequent additions to that service. Service Order The request for the Company’s services executed by the Customer and the Company in the format devised by the Company. The acceptance by the Company and the Customer initiates the respective obligations of the parties as set forth therein and pursuant to this tariff. Serving Wire Center A serving wire center denotes the wire center from which the Customer designated premises would normally obtain dial tone from the Company. Tariff The rates, charges and regulations adopted and filed by the Company with the Public Utility Commission of Texas. Termination Permanent disconnection of telecommunications service.

Page 6: GENERAL TERMS AND CONDITIONS Note, these terms and

6

Termination Charge A charge applied under certain conditions when a contract for service is terminated by the Customer before the expiration of the minimum contract period. Touch Tone Calling Touch Tone Calling provides for the origination of calls by means of instruments equipped for tone-type address signaling and special central office facilities. The service is furnished subject to the availability of the central office facilities. All Local Exchange Service lines will be equipped for Touch Tone Calling except for dial-type lines served from a central office where the special features for Touch Tone Calling Service are not available. In order to produce outward dial capability on such non-Touch Tone dial-type lines, a Touch Tone to Dial Pulse Converter is required. UNE Zone UNE (Unbundled Network Element) Zones are geographic areas within the state that reflect geographic cost differences. Each Serving Wire Center within an incumbent LEC’s exchange is designated as being within a specific UNE Zone. User or End User Any person who uses telecommunications services provided by the Company under the jurisdiction of the Public Utility Commission of Texas. Wire Center Physical structure that houses one or more central office switching systems. Voice Grade Facility A communications path between two points comprised of any form or configuration of physical plant capable of and typically used in the telecommunications industry for transmission within the frequency bandwidth of approximately 300 to 3000 Hertz. 2. General Regulations 2.1 Undertaking of the Company 2.1.1 Scope A. The Company undertakes to provide the services offered in this tariff under the terms and conditions and at the rates and charges specified. B. Service will be provided where facilities, ordering and billing capabilities, and the resale of necessary underlying network elements are technologically available and operationally and/or economically feasible. The furnishing of service under this tariff is subject to the continuing availability of all necessary facilities. C. The Company reserves the right to limit use of facilities, when necessary, due to a shortage of facilities or other cause beyond the Company’s control. D. The Company’s services are available for use twenty-four hours per day, seven days per week. 2.1.2 Use of Service A. The Company’s services may be used for any lawful purpose consistent with the transmission and switching parameters of the telecommunications facilities utilized in the provision of services. B. The use of the Company’s services without payment for service or attempting to avoid payment for service by fraudulent means or devices, schemes, false or invalid numbers, or false call or credit cards is prohibited. C. The Company does not transmit messages pursuant to this Tariff, but its services may be used for that purpose.

Page 7: GENERAL TERMS AND CONDITIONS Note, these terms and

7

D. The Company’s services may be canceled, with notice, for nonpayment of uncontested bill charges or for other violations of this Tariff. E. The use and restoration of service in emergencies shall be in accordance with the Federal Communications Commission’s Rules and Regulations and the Regulations of the Commission which specify the priority system for such activ ities. 2.1.3 Shortage of Equipment or Facilities A. The Company reserves the right to limit or allocate the use of existing services, or additional services offered by the Company, when necessary because of lack of facilities, or due to other causes beyond the Company’s control. B. The furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company’s facilities, as well as facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company. 2.1.4 Terms and Conditions A. Except as otherwise stated in this tariff, service is provided on the basis of a minimum period of thirty days. For the purposes of computing charges in this Tariff, a month is considered to have 30 days. B. Customers may be required to enter into written agreements which shall contain or reference a specific description of the service(s) ordered, the rate(s) to be charged, the duration of the service(s), and the terms and conditions in this tariff. Customers will also be required to execute any other documents as may be reasonably requested by the Company. C. Except as otherwise stated in the Tariff, at the expiration of the initial term specified in each written agreement or service order, or in any extension thereof, service shall continue on a month-to-month basis, unless terminated by either party upon thirty days' notice. Any termination shall not relieve the Customer of its obligation to pay any charge incurred under the service order and this tariff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the service order shall survive such termination. D. This tariff shall be interpreted and governed by the laws of the State of Texas without regard for its choice of laws provision. 2.1.5 Service Connections and Facilities on Customers’ Premises All services provisioned through the facilities between the point identified as the Company's origination point and the point identified as the Company's termination point will be furnished by the Company, its agents, vendors or contractors. The Company does not guarantee availability by any specific date and shall not be liable for any delays in commencing service to any Customer. The Company shall use reasonable effort to maintain only the services and equipment that it furnishes to the Customer. The Customer or authorized user may not, nor may he permit others to, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any of the facilities or equipment used by the Company, except upon the written consent of the Company. Equipment the Company provides or installs at the Customer's premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the Company provided the equipment. The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company's agents or employees to the premises of the Customer or authorized user when the service

Page 8: GENERAL TERMS AND CONDITIONS Note, these terms and

8

difficulty or trouble report results from the use of equipment or facilities the Customer or authorized user provided. 2.1.6 Provision of Equipment and Customer Facilities The Company shall not be responsible for the installation, operation, or maintenance of Customer provided communications equipment. Where such equipment is connected to the services furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of services offered under this tariff and to the maintenance and operation of such services. Subject to this responsibility, the Company shall not be responsible for: a. The transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or b. The reception of signals by Customer provided equipment. The Customer or authorized user is responsible for ensuring that Customer provided equipment connected to Company equipment and services is compatible with those of the Company and in compliance with this section. The magnitude and character of the voltages and currents impressed on Company provided services and wiring by the connection, operation, or maintenance of such services and wiring shall be such as not to cause damage to the Company provided services and wiring or injury to the Company's employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer's expense. Any special interface equipment necessary to achieve compatibility between the services of the Company and the channels, facilities, or equipment of others shall be provided at the Customer's expense. The Company may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carrier which are applicable to such connections. A Customer or authorized user may transmit or receive information and signals via the services of the Company. The Company’s services are designated primarily for the transmission of voice-grade telephone signals, except as otherwise stated in this tariff. A Customer or authorized user may transmit any form of signal that is compatible with the Company’s equipment, but the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephone communication except as specifically stated in this tariff. A. Station Equipment Customer provided terminal equipment on the premises of the Customer or authorized user, the operating personnel there, and the electric power consumed by such equipment shall be provided by and maintained at the expense of the Customer or authorized user. Conformance of Customer provided station equipment with Part 68 of the FCC Rules is the responsibility of the Customer. B. Inspections Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer or authorized user is complying with the requirements set forth above for the installation, operation, and maintenance of Customer provided facilities, equipment, and wiring in the connection of Customer provided facilities and equipment to Company owned facilities and equipment. If the protective requirements for Customer provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its services, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take such action. If the Customer fails to do this, the Company may

Page 9: GENERAL TERMS AND CONDITIONS Note, these terms and

9

take whatever additional action the Company deems is necessary, including the suspension of service, to protect its facilities, equipment, and personnel from harm. C. Testing and Adjusting Upon suitable notice, the Company may make such tests, adjustments, and inspections as may be necessary to maintain the Company's services or underlying carrier’s facilities in satisfactory operating condition. No interruption allowance will be credited to the Customer for the period during which the Company makes such tests, adjustments, or inspections. 2.1.7 Temporary Suspension for Repairs The Company shall have the right to make necessary repairs or changes in its facilities at any time and will have the right to suspend or interrupt service temporarily for the purpose of making the necessary repairs or changes in its system. When such suspension or interruption of service for any appreciable period is necessary, the Company will give the Customers who may be affected as reasonable notice thereof as circumstances will permit, and will prosecute the work with reasonable diligence, and if practicable at times that will cause the least inconvenience. When the Company is repairing or changing its facilities, it shall take appropriate precautions to avoid unnecessary interruptions of conversations or Customer’s service. 2.2 Limitation of Company’s Liability 2.2.1 General A. Because the customer has exclusive control of its communications over the services furnished by the Company, and because interruptions and errors incident to these services are unavoidable, the services, functions, and products the Company furnishes are subject to the terms, conditions, and limitations specified in this tariff and to such particular terms, conditions, and limitations as set forth in the special rules and regulations applicable to the particular services, functions, and products furnished under this tariff. These limitations shall not limit any right the Company may have to be indemnified, defended, or held harmless against any amounts payable to a third person, including any losses, costs, fines, penalties, criminal or civil judgments or settlements, expenses (including attorney’s fees), and consequential damages of such third persons. B. The liability of the Company for damages arising directly or indirectly out of the furnishing of these services, functions, or products, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services, functions, or products or arising out of the failure to furnish the service, function, or product, whether caused by acts of commission or omission, shall be limited to the extension of allowances, if any, for interruption. The credit will be equal to a prorated portion of the monthly recurring charge for all services interrupted. The extension of such allowances for interruption shall be the sole remedy of the Customer or authorized user and the sole liability of the Company. The Company will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages a customer may suffer, including lost business, revenues, profits, or other economic loss, whether or not caused by the intentional acts or omissions or negligence of the Company’s employees or agents, whether or not foreseeable, and regardless of notification by any party of the possibility of such damages. C. The Company shall not be liable for any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military author ity, national emergencies, insurrections, riots, wars, unavailability of rights-of-way or materials, or strikes, lock-outs, work stoppages, or other labor difficulties. D. Due to the interdependence among telecommunications providers and the interrelationship with non-Telephone Company processes, equipment and systems, the Company is not responsible for failures caused by circumstances beyond its control including, but not limited to, failures caused by: (1) the customer; (2)

Page 10: GENERAL TERMS AND CONDITIONS Note, these terms and

10

other telecommunications providers; or (3) customer premises equipment. In addition, the Company does not ensure compatibility between Company and non-Telephone Company services used by the customer. E. The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location, or use of any installation so provided. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Tariff section as a condition precedent to such installations. F. The Company is not liable for any defacement of or damage to the premises of a customer, end-user, or authorized user, resulting from the furnishing of services or equipment on such premises or the installation or removal thereof. G. The Company shall not be liable for any damages resulting from delays in meeting any service dates. H. The Company shall not be liable for any damages whatsoever to persons or property resulting from the installation, maintenance, repair or removal of equipment and associated wiring. I. The Company makes no warranties or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular use, except those expressly set forth herein. J. Failure by the Company to assert its rights pursuant to one provision of this Tariff does not preclude the Company from asserting its rights under other provisions of this Tariff. K. No license under patents (other than the limited license to use) is granted by the Company or shall be implied or arise by estoppel, with respect to any service offered under this tariff. L. The Customer shall defend, indemnify and save harmless the Company from and against any suits, claims, losses or damages, including punitive damages, attorney fees and court costs by third persons arising out of the construction, installation, operation, maintenance, or removal of the Customer's circuits, facilities, or equipment connected to the Company's services provided under this tariff, including, without limitation, Workmen's Compensation claims, actions for unauthorized use of program material, libel and slander actions based on the content of communications transmitted over the Customer's circuits, facilities or equipment, and proceedings to recover taxes, fines, or penalties for failure of the Customer to obtain or maintain in effect any necessary certificates, permits, licenses, or other authority to acquire or operate the services provided under this tariff; provided, however, the foregoing indemnification shall not apply to suits, claims, and demands to recover damages for damage to property, death, or personal injury unless such suits, claims or demands are based on the tortious conduct of the customer, its officers, agents or employees. M. The Customer shall defend, indemnify and save harmless the Company from and against any suits, claims, losses or damages, including punitive damages, attorney fees and court costs by the Customer or third parties arising out of any act or omission of the Customer in the course of using services provided under this tariff. 2.2.2 N11 Liability A. N11 Services (i.e. 911, 711, etc.), except for 411, are offered solely as an aid in handling assistance calls in connection with fire, police and other emergency and non-emergency calls. The company is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether suffered, made, instituted or asserted by the customer or by any other party or person for personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused by: 1. mistakes or omissions, interruptions, delays, errors or other defects in the provision of service; or 2. installation, operation, failure to operate, eminence, removal, presence, condition, local or use of any equipment and facilities furnishing this service; or 3. any person who dials or attempts to dial the digits “9-1-1” or to any person who may be affected by the dialing of the digits “9-1-1”.

Page 11: GENERAL TERMS AND CONDITIONS Note, these terms and

11

B. The Company is not responsible for any infringement, or invasion of the right of privacy of any person or persons, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service and non-emergency N11 service features and equipment associated therewith, or by any services furnished by the Company, including but not limited to the identification of the telephone number, address or name associated with the telephone used by the party or parties accessing emergency 911 service, and which arise out of negligence or other wrongful act of the Company, the Customer, its users, agencies or municipalities, to the employees or agents of any one of them. C. When a customer with a nonpublished telephone number, as defined herein, places a call to the emergency 911 service, the Company will release the name and address of the calling party, where such information can be determined, to the appropriate local government authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to service under this tariff, the Customer acknowledges and agrees with the release of information as described above. D. The Company's entire liability to any person for interruption or failure of 911 Service shall be limited to the terms set forth in this section and other sections of this tariff. The Company shall not be liable to any person or entity for any damages whatsoever resulting from or in connection with the provision of access to 911 Service during the temporary denial of a residential subscriber service for non-payment. 2.2.3 Directory Errors and Omissions A. No liability for damages arising from errors or omissions of non-chargeable directory and/or "Information" listings shall be attached to the Company. In the case of chargeable listing, the liability of the Company sha ll be limited to and satisfied by a refund or credit at the monthly rate for each chargeable listing for each billing period during which the error or omission continues. In accepting listings as prescribed by applicants or subscribers, the Company will not assume liability for the result of their publication in its directories, nor will the Company be a party to controversies arising between subscribers or others as a result of listings published in its directories. B. The Customer releases, indemnifies and holds harmless the Company from any and all loss, claims, demands, suits or other action or any liability whether suffered, made instituted or asserted by the customer or any other person, caused or claimed to have been caused directly or indirectly by the publication of a non-published telephone number or the disclosure or nondisclosure of said number to any person. If any action of the Company results in the publication of the unauthorized disclosure of a non-published number, the Company will, at the Customer’s request, change the number without charge and refund any non-published number charges for the period of time during which the number was disclosed. For the purposes of this Tariff, non-published information is defined to include the name, address and telephone number of non-published Customers. 2.3 Prohibited Uses The services the Company offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all governmental approvals, authorizations, licenses, consents and permits required to be obtained by the Customer with respect thereto. The Company may, without obtaining any further consent from the Customer, assign any rights, privileges, or obligations under this tariff. The Customer shall not, without prior written consent of the Company, which consent shall not be unreasonably withheld, assign, transfer, or in any other manner dispose of, any of its rights, privileges, or obligations under this tariff, and any attempt to make such an assignment, transfer, or disposition without consent shall be null and void.

Page 12: GENERAL TERMS AND CONDITIONS Note, these terms and

12

The Company may require a Customer to immediately cease its transmission of signals if said transmission is causing interference to others. A Customer may not use the services so as to interfere with or impair service over any facilities and associated equipment, or so as to impair the privacy of any communications over such facilities and associated equipment. A Customer or authorized user shall not represent that its services are provided by the Company, or otherwise indicate to its Customers that its provision of services is jointly with the Company, without the written consent of the Company. The relationship between the Company and Customer shall not be that of partners or agents for one or the other, and shall not be deemed to constitute a partnership or agency agreement. 2.4 Obligations of the Customer 2.4.1 Customer Responsibilities The Customer shall be responsible for: A. The payment of all applicable charges as set forth in this tariff; B. Damage or loss of the Company's or underlying carrier’s facilities or equipment caused by the acts or omissions of the Customer or authorized user, or the non-compliance by the Customer or authorized user with these regulations, or by fire or theft or other casualty on the premises of the Customer or authorized user unless caused by the negligence or willful misconduct of the employees or agents of the Company; C. Providing, as specified from time to time by the Company, any needed personnel, equipment, space and power to operate Company services or underlying facilities and equipment installed on the premises of the Customer or authorized user and the level of heating and air conditioning necessary to maintain the proper environment on such premises; D. Obtaining, maintaining, and otherwise having full responsibility for all rights of way and conduit necessary for installation of facilities and associated equipment used to provide service to the Customer or authorized user from the point of entry to the termination point of the Customer's premises. Any and all costs associated with obtaining and maintaining the rights of way described herein, including the costs of altering the structure to permit installation of the Company or underlying carrier provided facilities, shall be borne entirely by, or may be charged by the Company to the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service; E Providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if harm to the Company's employees or property might result from installation or maintenance by the Company; F. Complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of-way for which the Customer is responsible, and obtaining permission for Company agents or employees to enter the premises of the Customer or authorized user at any reasonable hour for the purpose of installing, inspecting, repairing, or, upon termination of service as stated herein, removing the services or equipment of the Company; G. Making Company services and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer. No allowance will be made for the period during which service is interrupted for such purposes; H. Keeping the Company's and its agents, contractors, and vendors equipment and facilities located on the Customer's premises or rights-of-way obtained by the Customer free and clear of any liens or encumbrances relating to the Customer's use of the Company's services or from the locations of such equipment and facilities. 2.4.2 Claims

Page 13: GENERAL TERMS AND CONDITIONS Note, these terms and

13

A. The Customer or authorized user shall indemnify and hold the Company harmless from claims, loss, damage, expense (including attorney's fees and court costs), or liability for patent infringement, and proprietary or intellectual property rights of third parties arising from (1) combining with, or using in connection with facilities the Company furnished, facilities the Customer or authorized user furnished or (2) use of facilities the Company furnished in a manner the Company did not contemplate and over which the Company exercises no control; and from all other claims, loss, damage, expense (including attorney's fees and court costs), or liability arising out of any Commission or omission by the Customer or authorized user in connection with the service. In the event that any such infringing use is enjoined, the Customer or authorized user at its option and expense, shall obtain immediately a dismissal or stay of such injunction, obtain a license or other agreement so as to extinguish the claim of infringement, terminate the claimed infringing use, or modify such combination so as to avoid any such infringement. In addition and without limitation, the Customer or authorized user shall defend, on behalf of the Company and upon request by the Company, any suit brought for claims asserted against the Company for any slander, invasion of privacy, libel, infringement, or other claims arising from the Customer’s own communications. B. The customer shall not assert any claim against any other customer or user of the Company’s services for damages resulting in whole or in part from or arising in connection with the furnishing of service under this Tariff including but not limited to mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations, whether or not such other customer or user contributed in any way to the occurrence of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other customer or user and not by any act or omission of the Company. Nothing in this Tariff is intended either to limit or to expand Customer’s right to assert any claims against third parties for damages of any nature other than those described in the preceding sentence. 2.5 Application for Service 2.5.1 General The Company will accept an oral or written application from a Customer requesting to obtain service, or additions to or changes in the existing service of such Customer. The Customer will also be required to execute any other documents as may be reasonably requested by the Company. An applicant for service agrees to pay all charges against such service made in accordance with the provisions of the tariffs. An application is merely a request for service and does not in itself bind the Company to provide service. An applicant for service must pay all previous indebtedness to the Company for telephone services before service will be furnished. 2.5.2 Initial Service Periods Except as otherwise provided, the initial (or minimum) period for all services and facilities is one month at the same location. The Company may require a contract period longer than one month at the same location in connection with Business Service and special (non-standard) types of arrangements of equipment, or for unusual construction, necessary to meet special demands and involving extra costs. The length of contract period for directory listings, where the listing actually appears in the directory, is the directory period. The directory period is from the day on which the directory is first distributed to the Customers to the day the succeeding directory is first distributed to Customers. Upon the Company’s discontinuance of service to the Customer under this and other sections of this Tariff, the Company, in addition to all other remedies that may be available to the Company at law or in equity or

Page 14: GENERAL TERMS AND CONDITIONS Note, these terms and

14

under any other provision of this Tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which services would have otherwise been provided to the Customer to be immediately due and payable. 2.5.3 Cancellation of Application for Service Where installation of service has been started prior to cancellation, a cancellation charge equal to the costs incurred by the Company may apply.

2.7 Payment Arrangements 2.7.1 General A. The Customer is responsible for payment of all charges for services furnished, including charges for services orig inated, or charges accepted. This Customer responsibility also includes charges associated with the fraudulent use of services by the Customer or any end users of the Customer. B. The Customer shall pay the amount(s) as specified in the tariff for the Services. Fixed recurring charges shall be billed in advance after the service date is activated and will be due no later than the bill due date specified on the invoice. C. Variable recurring charges and other charges shall be billed as incurred, and will be due no later than the bill due date. Any amount not received within this period will be subject to the Company's late payment charge. The Customer agrees to review each invoice promptly and to notify the Company of any discrepancies within 30 days of receipt of each invoice. In the event the Company's computerized usage recording system fails or is otherwise unavailable for all or part of any billing period, the Company shall be entitled to make a reasonable estimate of the Customer's usage of Services during the period in question for billing purposes. D. Any prorated bill shall use a thirty-day month to calculate the prorated amount. Prorating shall apply only to recurring charges. All nonrecurring and usage charges incurred during the billing period shall be billed in addition to prorated amounts. E. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed, or in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. 2.7.2 Billing and Collection of Charges Bills are due and payable on the due date displayed on the Customer's bill. A late payment charge, as described in Section 2.7.3 will be applied if payment is not received by the Company on or before the due date. 2.7.3 Late Payment Charge A late payment charge of 1.5 percent per month shall apply to each Customer's bill when the previous month's bill has not been paid in full, leaving an unpaid balance carried forward. The late payment charge is applied to the total unpaid amount carried forward and is included in the total amount due on the current bill. A Customer shall not be liable for any Late Payment Charge applicable to a disputed portion of that Customer's bill, so long as the Customer pays the undisputed portion of the bill and enters into bona fide negotiations to resolve the dispute. 2.7.4 Non-Sufficient Funds Charge

Page 15: GENERAL TERMS AND CONDITIONS Note, these terms and

15

Any negotiable payment instrument submitted in payment for services and subsequently returned to the Company by the Customer's financial institution for "Non-Sufficient Funds" (NSF) or other reasons will incur a nonrecurring charge per Customer, per negotiable payment instrument. Receipt of a Non-Sufficient Funds Check by the Company, in response to a notice of discontinuance, shall not constitute payment of the Customer's account and the Company will not be required to issue additional notice prior to discontinuance. However, three banking days must be allowed for redemption of such instrument. 2.7.5 Disputed Bills In case of a billing dispute between the Customer and the Company as to the correct amount of a bill, which cannot be adjusted with mutual satisfaction, the Customer can follow these procedures: A. The Customer may make a request, and the Company will comply with the request, for an investigation and review of the disputed amount. B. The undisputed portion of the bill must be paid by the Due By Date shown on the bill or the service will be subject to disconnection if the Company has notified the Customer by written notice of such delinquency and impending disconnection. C. If there is still disagreement after the investigation and review by a manager of the Company, the Customer may appeal to the Commission for its investigation and decision. To avoid disconnection of service, the Customer must submit the claim with the Commission within 5 calendar days after the date the Company notifies the Customer that the investigation and review are completed and that such claim must be made or service will be interrupted. D. The Company will not disconnect the Customer's service for nonpayment as long as the Customer complies with B. and C. above. E. After the investigation and review are completed by the Company as noted in A. above, if the Customer elects not to make a claim with the Commission, such amount becomes due and payable at once. In order to avoid disconnection of service, such amount must be paid within 5 calendar days after the date the Company notifies the Customer that the investigation and review are completed and that such payment must be made or service will be interrupted. 2.7.6 Credit A. General The Company, in order to assure payment by the Customer of charges for service or for loss of or damage to Company property, will require applicants and Customers to establish and maintain credit. The establishment or re-establishment of credit as provided in this section shall not relieve the applicant or Customer from compliance with other provisions of this tariff as to the payment of bills, and shall in no way modify the provisions regarding disconnection and termination of service for failure to pay bills due for service furnished. In order to insure the payment of all charges due for its service, or for loss of or damage to Company property, the Company may require any applicant or Customer to establish and maintain credit by providing information pertinent to the applicant's credit standing. Telephone Customer credit information will be exchanged between telephone companies and other utilities. Customer credit information will be retained for three years. If the Company finds that the applicant for service has failed to pay for past due telephone service of the same class provided by any telephone company, the Company may refuse to provide local service unless the applicant, at the option of the Company, pays the Company’s past due bill for local service and/or furnishes a deposit.

Page 16: GENERAL TERMS AND CONDITIONS Note, these terms and

16

1. If an applicant for Local Exchange Service as specified in Section 3.1 of this Tariff is unable to provide satisfactory credit information, the Company may refuse to provide service unless the Customer agrees to handle payments through a commercial credit card arrangement acceptable to the Company. 2. If a business applicant for Local Exchange Service as specified in Section 5 of this Tariff is unable to provide satisfactory credit information, the Company may refuse to provide service unless the business applicant furnishes a deposit. Satisfactory credit shall be based upon the following standards: (a) The Company will extend credit to a business applicant without a deposit if the applicant has verifiable previous or existing business telephone service with any telephone company in the United States for at least twelve months, and the payment record is made available and the account history is satisfactory. (b) The payment record of an account will be deemed satisfactory if all of the following are met: (1) The previous or existing service was not discontinued for non-payment, and was not abandoned, within the past twelve months; and (2) The applicant has not been sent denial notices four times for previous or existing service within the past twelve months; and (3) The applicant has paid for all previous and existing service without referral to a collection agency and without a declaration of uncollectibility; and (4) The applicant provides accurate credit information as appropriate. 2.7.7 Deposits and Advance Payments Deposits and/or Advance Payments may be required as a condition of the Company’s provision of Local Exchange Services specified in Section 5 of this Tariff. A. Deposits The Company may, in order to safeguard its interest, require a business applicant or a Customer to make a suitable deposit to be held by the Company as a guarantee of the payment of charges for service or for loss of or damage to Company property in accordance with Substantive Rule §26.24. The fact that a deposit has been made in no way relieves the applicant or Customer from complying with the Company's regulations and the prompt payment of bills on presentation. The deposit will not exceed an amount equal to two (2) month’s charges for tariffed services plus 30% of the monthly estimated charge for a specified customer or; two (2) month’s charges for a service or facility which has a minimum payment period of one month. Upon discontinuance of service, the Company, within forty-five (45) days, shall refund the Customer’s deposit plus accrued interest if applicable, or the balance, if any, in excess of the unpaid bills including any penalties assessed for service furnished by the Company. Deposits held for 30 days or longer will accrue interest in accordance with Substantive Rule §26.24. Deposits held for less than 30 days will not accrue interest. B. Advance Payments To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilities are furnished, where special construction is involved. The advance payment may include an amount equal to the estimated nonrecurring charges for the special construction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer’s initial bill. Advance payments do not accrue interest. An advance payment may be required in addition to a deposit. 2.8 Discontinuance of Service 2.8.1 Suspension or Termination of Service for Nonpayment

Page 17: GENERAL TERMS AND CONDITIONS Note, these terms and

17

In the event that any bill rendered is not paid in full, the Company may suspend or terminate service in accordance with the rules of the State of Texas. If service is suspended or terminated for nonpayment, the Customer will be billed a Service Restoration Charge as well as any payment due upon reconnection of service. The Company may discontinue service to a Customer after it has mailed or delivered by other means a written notice of discontinuance. Service shall not be discontinued until at least 10 days after delivery of this notice or 10 days after the postmark date on a mailed notice. The notice of discontinuance shall be delivered separately from any other written matter or bill. Service shall not be discontinued for a past due bill on a day before or on any Saturday, Sunday, holiday recognized by the state, or any other day unless Company service representatives are available to service Customers. 2.8.2 Fraud The Company shall have the right to refuse or discontinue service, without advance notice, if the acts of the Customer indicate intention to defraud the Company. This includes fraudulently placing and receiving calls and/or providing false credit information. The customer will be liable for all related costs and will be responsible for payment of any reconnection charges. 2.8.3 Termination for Cause Other than Non-Payment Upon condemnation of all or any material portion of the facilities used by the Company to provide service to a Customer, or in the event a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service under this Tariff without incurring any liability. Upon the Customer’s insolvency, assignment for the benefit of creditors, filing for bankruptcy or reorganization, or failing to discharge an involuntary petition therefore within the time permitted by law, the Company may immediately discontinue or suspend service under this Tariff without incurring any liability. If all or any portion of the facilities or associated equipment used to provide service to the Customer shall be taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, Company shall be entitled to elect to terminate service upon written notice to Customer. Service may be terminated immediately if the Customer is using the service in violation of this tariff; or if the Customer is using the service in violation of the law. 2.8.4 Cancellation by Customer A. Cancellation of Application for Service When the Customer cancels an application for service prior to the start of service, no charges will be imposed except for those specified below. Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs the Company incurred, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of service ordered, including installation charges, and all charges others levy against the Company that would have been chargeable to the Customer had service begun.

Page 18: GENERAL TERMS AND CONDITIONS Note, these terms and

18

Where the Company incurs any expense for the installation of special arrangement of facilities or equipment, and before the Company receives a cancellation notice from the Customer, a charge equal to the costs incurred, less net salvage, applies. In such cases, the charge will be based on elements such as the cost of the equipment, facilities, and material; the supervision, general and administrative expense; return on investment, and any other costs associated with the special arrangements. B. Discontinuance of Service Customers are responsible for notifying the Company of their desire to discontinue service thirty days (30) before the date of disconnection. Customers may cancel service verbally or in writing. The company shall hold the customer responsible for payment of all charges, including fixed fees, surcharges, etc. which accrue up to the cancellation date. Customers that cancel the primary local exchange line will have the entire account disconnected, including any secondary line and all associated features and services. 2.9 Notices Notice shall be deemed properly given if delivered in person or when deposited with the U.S. Postal Service. 2.10 Taxes, Fees and Surcharges The customer is responsible for payment of any sales, use, gross receipts, excise, access, or other local, state, and federal taxes, charges or surcharges (however designated), excluding taxes on the Company’s net income, imposed on or based upon the provision, sale or use of services. Any taxes imposed by a local jurisdiction (e.g., county and municipal taxes) will only be recovered from those Customers in the affected jurisdictions. 2.10.1 Municipal Franchise Fees Residential, non-residential and point-to-point access lines provided pursuant to this tariff are subject to a municipal franchise fee as established for the city in which the end user of the access lines is located. The monthly recurring municipal charge will be equal to a monthly amount developed using criteria as recommended by your local municipality with information supplied by this local certificated telecommunications provider (CTP). The fee should be assessed as a per-line-charge on the end user bill. This municipal charge results from implementation of House Bill 1777 - Telecommunications Franchise Law which allows all municipalities to be compensated by CTPs for right-of -way usage. The fee has been developed and/or allocated across rate classifications according to local municipal guidelines. 2.10.2 Texas Universal Service (TUS) Charge Services provided pursuant to this Rate Sheet are subject to an undiscountable monthly Texas Universal Service (TUS) Charge. Based on billing availability, the TUS charge is applied to the Customers total net intrastate, interstate or international charges for calls that both originate and are billed within the State of Texas, after application of all applicable discounts and credits. Intrastate, interstate or international charges are assessed the TUS Charge under order by the Public Utility Commission of Texas. The TUS Charge will be waived to the extent a Customer is exempt from payment of the Texas sales tax. Effective with the charges billed on or after January 1, 2003, the TUSF Charge will be 3.600% of applicable charges. 2.10.3 TIF Assessment The TIF assessment is imposed upon the telecommunications service provider. It may be passed on to the Customer as a separate line item entitled, “Reimbursement of TIF Assessment”. If this assessment is labeled as a tax or fee from the Customer the sales tax and the TIF Assessment will both be required to be paid to the state. Since this assessment is imposed upon the service provider, passing the assessment on to the Customer will cause this amount to be subject to sales tax in Texas. TIF Assessment 1.25%

Page 19: GENERAL TERMS AND CONDITIONS Note, these terms and

19

2.11 Allowances for Interruptions in Service 2.11.1 General A. A credit allowance will be given when service is interrupted, except as specified below. A service is interrupted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of failure of a service component furnished by the Company under this tariff. B. An interruption period begins when the Customer reports a service, facility, or circuit to be inoperative, and if necessary, releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative. C. If the Customer reports a service, facility, or circuit to be interrupted but declines to release it for testing and repair, or refuses access to its premises for testing and repair by the Company, the service, facility, or circuit is considered to be impaired but not interrupted. No credit allowance will be made for a service, facility or circuit considered by the Company to be impaired. D. The Customer shall be responsible for the payment of service charges as set forth herein for visits by the Company’s agents or employees to the premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including. but not limited to, the Customer. 2.11.2 Limitations of Allowances No credit allowance will be made for any interruption in service: A. Due to the negligence of or noncompliance with any provision of this tariff by any person or entity other than the Company, including but not limited, to the Customer; B. Due to the failure of power, equipment, systems, connections or services not provided by the Company; C. Due to the circumstances or causes beyond the reasonable control of the Company; D. During any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions; E. If the service is impaired, but not totally inoperative, and a Customer continues to voluntarily make use of such service; F. During any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; G. That occurs or continues due to the Customer’s failure to authorize replacement of any element of special construction; and H. That was not reported to the Company within thirty days of the dates that the service was affected. 2.11.3 Use of Another Means of Communication If the Customer elects to use another means of communications during the period of interruption, the Customer must pay the charges for the alternative services used. 2.11.4 Application of Credits for Interruptions in Service The Company will provide a credit to the Customer, upon request, for service outages that continue over a 24 hour period. Credit will be given on the next monthly billing cycle following the outage or the discovery of the outage. The allowance will be limited to the prorated portion of the monthly rate for the service or portion thereof made inoperative during the outage period.

Page 20: GENERAL TERMS AND CONDITIONS Note, these terms and

20

2.12 Provision and Ownership of Directories The Customer assumes full responsibility concerning the right to use any name as a directory listing and agrees to hold the Company free and harmless of any claims, loss, damage or liability which may result from the use of such listing. The Company does not undertake to determine the legal, contractual or other right to use of a name to be listed in a telephone directory of the Company. The Company, in contract with the directory provider, distributes to its Customers without charge such directory information which in its opinion is generally necessary for the efficient use of the service. Any additional directories or information requested by a Customer will be furnished without additional charge where, in the opinion of the Company, such provision will lead to a more efficient use of the service by that particular Customer. 2.12.1 Provision Directories are regularly furnished to Customers as an aid to the use of telephone services. The Company shall have the right to charge for directories issued in replacement of directories lost, destroyed, defaced, or mutilated while in possession of Customer. 2.13 Provision and Ownership of Telephone Numbers The Customer has no property right in the telephone number or any right to continuance of service through any particular office. The Company may change the telephone number or the central office designation, or both, of a Customer whenever it is deemed desirable in the conduct of its business. The numbers will not be changed as a penalty or to enforce payment for directory advertising charges. Changes may be made if required for engineering or technical reasons. 2.14 Assignment or Transfer All service provided under this tariff is directly or indirectly controlled by the Company, and the customer may not transfer or assign the use of service without the express prior written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of service. All terms and conditions contained in this tariff and any other contract between the Company and the customer shall apply to all such permitted transferees or assignees.

Page 21: GENERAL TERMS AND CONDITIONS Note, these terms and

21

DESCRIPTION OF OTHER CHARGES 6.1 Service Connection Charges Service Connection Charges are one-time nonrecurring charges for establishing or modifying telephone services. Service Connection Charges are incurred pursuant to Customer requests only. Unless specifically exempted in this or other Sections of this tariff, Service Connection Charges apply to all Customer-initiated requests, and are in addition to all other scheduled rates and charges. Service Connection Charges reflect service provided during regularly scheduled work hours, at current installation intervals and without work interruptions by the Customer. Service Connection Charges for the initial establishment of telephone service are payable with the first bill rendered for service. Service Connection Charges do not apply when service is disconnected. 6.1.1 Service Order Charges

Nonrecurring Service Connection Charges apply to processing Service Orders for new service and for changes in service, as specified following:

Primary Service Connection Charge - applies for the establishment of service, per location, per occasion. The charge is for receiving, recording and processing information necessary to execute a customer’s request for service and initial connection or establishment of service. Secondary Service Connection Charge - applies to the second or additional line of a new access line installation and connection and customer requests for an inside move, change or addition to regular service. This charge applies only when the second or additional line is ordered simultaneously with the initial connection for service. Transfer of Service Charge, Primary Line - applies to the first line of a Transfer of Service (TOS) Order, when a customer requests a move or change in physical location. This charge applies whether a customer changes telephone number or not. If, in addition, the Customer requests the telephone number be changed, a separate charge may apply. Transfer of Service Charge, Secondary Line - applies to the second, or third, etc., line of a Transfer of Service (TOS) Order, when a customer requests a move or change in physical location. This charge applies whether a customer changes telephone number or not. If, in addition, the Customer requests the telephone number be changed, a separate charge may apply. Technician Dispatch Charge – Applies when travel to a subscriber’s premises is required. Only one Technician Dispatch Charge applies per subscriber request at the same premises. 6.1.2 Change Order Charges

Change Order Charges apply to work associated with providing exchange line service or Customer-requested changes to existing services. One charge applies for each change order requested by the Customer. If multiple changes listed below are requested by the Customer and occur on the same order/request, one charge only applies. A Change Order Service Charge applies to the following Customer-initiated changes: Change Order – Subsequent Charge - applies for changes in existing service such as changing a local access line or trunk from hunting to non-hunting or to resequence hunting numbers. Also applies for changes or additions to features after initial establishment of service. Applies to other customer-requested changes in service that are not specifically covered in other nonrecurring service connection charges.

Page 22: GENERAL TERMS AND CONDITIONS Note, these terms and

22

Telephone Number Change Order - applies to each telephone number change request/order associated with local access lines/trunk service or Remote Call Forwarding. Listing Change Charge - applies when a Customer requests/orders a change to add or delete a white pages listing or requests a change to add/delete listings. This charge also applies to a request for Non-Published or Non-Listed numbers. Sprint Complete Sense Change Charge - applies when a residential Customer requests/ orders a change in service from one bundled service to another bundled service. 6.1.3 Record Change Charges A Record Change charge applies when a Customer requests/orders a change to Company records such as adding/changing a name on said Customer’s account, changing billing address or contact information, adding/changing the person(s) authorized to make changes on said Customer’s account. 6.1.4 Miscellaneous Charges Duplicate Invoice - applies each time a Customer requests an additional copy of a current bill or invoice. Call Detail Report - applies each time a Customer requests local call detail for a given month. 6.1.5 Restoration of Service Charge A restoration charge applies to the restoration of temporarily suspended service and facilities because of nonpayment of bills and is payable at the time that the restoration of the temporarily suspended service and facilities are arranged. In the event that service is permanently disconnected for nonpayment of bills, service connection charge(s) as specified in Section 6.1.6 will apply at the time that service is subsequently reestablished.

6.1.6 Rates

Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission

Page 23: GENERAL TERMS AND CONDITIONS Note, these terms and

23

II: GENERAL Call Waiting 6.2.1.C. Call Waiting - Call Waiting permits the customer engaged in a call to place the first call on hold and answer a waiting call. The customer may alternate between the two calls by depressing the switchhook or “flash” feature. The customer disables Call Waiting for the duration of an outgoing call by dialing an activation code immediately prior to placing the call. Call Waiting is automatically reactivated when the customer disconnects from the call. Caller ID w/name 6.2.1.D. Caller ID - Allows a customer to view, on a customer provided display unit, the calling party directory name and/or calling party number on incoming telephone calls. Where facilities are available, Anonymous Call Rejection is provided with this feature at no additional charge. 2. Caller ID with Name – Allows a customer to view, on a customer-provided display unit, the Calling Party Number (CPN) and the Calling Party Directory Name (CPDN) on incoming telephone calls. Caller ID (#only) 6.2.1.D. Caller ID - Allows a customer to view, on a customer provided display unit, the calling party directory name and/or calling party number on incoming telephone calls. Where facilities are available, Anonymous Call Rejection is provided with this feature at no additional charge. 1. Caller ID (Number Only) – Allows a customer to view the Calling Party Number (CPN) on a customer-provided display unit. Anonymous Call Reject 6.2.1.A. Anonymous Call Rejection – Allows customers to reject calls from calling parties that have blocked the delivery of their number and/or name. Calls are routed to an announcement. Anonymous Call Rejection is provided at no additional charge to Caller ID and Caller ID with Name subscribers, subject to the availability of facilities. The feature is available to non-Caller ID subscribers for a flat monthly rate. Call Forward 6.2.1.B. Call Forwarding Features - The Call Forwarding customer is responsible for payment of toll or other charges associated with each call between the called number and the forwarded number. 1. Call Forwarding - Variable - Permits the Customer to automatically forward all incoming calls to another telephone number until the customer deactivates the feature, and to restore it to normal operations at the customer’s discretion. If forwarded to a long distance number, the subscriber will incur the long distance charges. 2. Call Forwarding - Busy - Permits the Customer to have all incoming calls automatically forwarded to a predetermined telephone number when the customer’s line is busy. 3. Call Forwarding - Busy/No Answer - Permits the forwarding of incoming calls when the customer’s line is busy or remains unanswered after a designated number of rings. 4. Call Forwarding - No Answer - Permits the forwarding of incoming calls when the customer’s line remains unanswered after a designated number of rings. The number of rings and the forwarded number are predetermined by the customer order. 5. Remote Call Forwarding - Permits the customer’s calls to be automatically forwarded by the central office equipment to a predetermined number over local or long distance facilities. The terminating locations must have the capacity to accept incoming calls. Remote Call Forwarding is offered where economically and technologically feasible. This feature will not be offered to locations which terminate the calls in a coin telephone instrument. Caller ID is not available to Remote Call Forwarding subscribers. Transmission quality may vary depending upon the distance and routing necessary to complete the forwarded call, therefore, may not be suitable for data transmissions. A Change Order - Subsequent Charge applies for each change of a telephone number associated with Remote Call Forwarding.

Page 24: GENERAL TERMS AND CONDITIONS Note, these terms and

24

Three Way Calling 6.2.1.L. Three-Way Calling - Permits the customer to add a third party to an established connection on both outgoing and incoming calls without operator intervention. Three-Way Calling is available on either a flat monthly rate basis or on a usage sensitive basis, where facilities are available. Line Hunt 6.8 Line Hunting The following Line Hunting arrangements are available to Customers and allow the customer to specify a hunting sequence or hunting arrangement for call distribution of incoming calls. There is no additional charge for Line Hunting. Line Hunting is included in the cost of Business Service Local Access Multiline Hunt Service and Key/PBX Trunks. 6.8.1 Line Hunting Regular The hunt for an idle line starts with the called line in a prearranged group and ends with the last line in the group, completing the call to the first idle line encountered. Unless the first line is called, only a portion of the group is hunted. 6.8.2 Line Hunting Circular Permits a complete hunt sequence over all the lines in a prearranged group. If no idle line is encountered, the hunt will continue until it reaches the line that was originally called. 6.8.3 Line Hunting Preferential Some or all of the lines in a hunt group may have an associated preferential hunt list. This hunt list permits a pre-hunt over a subset or preferential group of lines before hunting through the multiline hunt group. CF/B/NA 6.2.1.B.3. Call Forwarding - Busy/No Answer - Permits the forwarding of incoming calls when the customer’s line is busy or remains unanswered after a designated number of rings. Directory Assistance 6.17 Directory Assistance and Directory Assistance Call Completion The Company furnishes local, long distance and national Directory Assistance Service whereby Customers may request assistance in determining telephone numbers associated with directory listings of individuals and/or businesses. Directory Assistance provides for identification of telephone directory numbers, via an operator or automated directory assistance system. Customers are provided with a maximum of 2 listings per call to Directory Assistance. No credit will be given for requested telephone numbers that are not found in the directory. There are no call allowances or exemptions for Directory Assistance Service. Where technically feasible, customers may have their calls to the requested telephone number completed by the automated directory assistance system. Directory Assistance Call Completion service gives a customer the option of completing a call to the called station telephone number received from the Directory Assistance operator without hanging up and originating a new call. A call completion charge applies in addition to the Directory Assistance per-call charge if the Customer accepts the offer. When two numbers are requested from Directory Assistance only the second call can be completed. The call completion fee will not apply if the call cannot be completed. Charges for Directory Assistance Service and Directory Assistance Call Completion are specified on Page 59.1 of the Sprint Intercity Telecommunications Services, Texas Price List. Directory Listings 6.3 Directory Listing Services The Company provides for a single directory listing in alphabetical (white) section of the telephone directory published by the dominant exchange service provider in the customer’s exchange area and local directory assistance database free of charge upon initiation of local basic exchange service. Rules and Regulations governing the provisioning of directory listings apply as specified in the dominant local exchange carrier tariff. 6.3.1 Description

Page 25: GENERAL TERMS AND CONDITIONS Note, these terms and

25

A. Non-Published Service Non-Published Service provides for suppression of printed and recorded directory listings. A Customer's name and number do not appear in printed directories or Directory Assistance records. The telephone numbers of Non-Published Service or the name and billing address that correspond to a non-published number may be divulged in the following instances: 1. First, in the interest of public safely, where a government agency subscribes to Enhanced Universal Emergency Telephone Number Service (E911) the telephone number and address, but not the name, of a customer with non-published service will be displayed when the customer dials 911 to a government employee at a console at a Public Safety Answering Point for dispatch of emergency service. 2. Second, the billing name and address that correspond to a non-published telephone number will be furnished to a subscriber to Billing Name and Address (BNA) Service if the customer with the non-published service makes a call that uses the service of the BNA subscriber. B. Non-Listed Service Non-Listed Service provides for suppression of printed directory listings only. Parties may still obtain the Customer's number by calling Directory Assistance C. Listings - Additional Additional listings are any listings of a name or information in connection with a customer's access line number beyond that to which the customer is entitled in connection with the customer's regular service, including listings of the customer's main telephone number in a directory other than the directory which contains the primary listing. Additional listings include Alternate listings, Cross Reference listings, Foreign listings and Secretarial listings. D. Personalized Number Customers may request a specific telephone number other than the one that would normally be assigned by the Company. These specifically requested numbers include, but are not limited to, numbers with a desired or particular alphabetic equivalent, “easy to remember” numbers because of repeating or sequential digits, or another numerical pattern preference. The Custom Calling Services Feature Installation Charge specified in Section 6.1.6 applies in lieu of all other service connection charges. 6.3.2 Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission. DID 6.9 Direct Inward Dial (DID) Numbers 6.9.1 Description DID numbers are required for use with various products as defined in this tariff. DID line numbers can be ordered individually or in blocks of 20 or fraction thereof on a month-to-month basis. The customer is responsible for providing intercept on assigned but unused telephone numbers associated with 2-Way DID. DID Numbers-Additional 20 can be ordered per group of 20 or fraction thereof. The DID Number Additional 20 NRC applies when the additional block of numbers is ordered with the initial order. 6.9.2 Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilit ies Commission. Toll Denial 6.4 Toll Denial Service 6.4.1 Description Toll Denial Service is a central office arrangement whereby calls dialed over an individual exchange service or a PBX trunk, to other than the local service area, are either automatically routed to the customer’s attendant position or the calling person receives an announcement. Toll Denial Service will not allow 1+, 0+, 0-, 101XXXX, 700 code toll calls, or calls to Toll Free Code (e.g. 800, 866) service codes. Blocking of Calling Party Number

Page 26: GENERAL TERMS AND CONDITIONS Note, these terms and

26

6.5 Blocking of Calling Party Number (CPN) 6.5.1. Description Prevents the delivery, display and announcement of the end-user's Directory Number and Directory Name on all calls dialed from an exchange service equipped with this option. When active, the end-user's telephone name and number will not appear on the called party's Caller ID CPE or be disclosed in another way. The feature is available on a per call or per line basis. With per call Caller ID Blocking, it is necessary for the end-user to dial an activation code prior to placing the call. With the per line version of the feature, all calls are placed with the end user’s number blocked. No nonrecurring charges apply when Caller ID Per Line Blocking is initially ordered. Billed Number Screening 6.6 Billed Number Screening 6.6.1 Description A Service Connection Charge is applicable as shown in Section 6.1, when Billed Number Screening is installed subsequent to the initial establishment of the line(s) with which it is associated. A Service Connection Charge is applicable as shown in Section 6.1, when Billed Number

Screening is installed subsequent to the initial establishment of the line(s) with which it is associated.

Selective Call Screening 6.7 Selective Call Screening 6.7.1 Description Selective Call Screening is designed to restrict certain types of billing from a line that originates a call. The screening is designed to inform the operator services provider about special characteristics with the line. Under this arrangement, the operator services provider processes the operator-assisted, and/or operator-handled, and/or automated operator-assisted originating call so that the call will conform to one of the allowable types of billing, which could be those which conform only to billing as collect, billed to a third number, or billed to a calling card. 6.7.2 Regulations A. The Company assumes no liability for calls completed by any other entity or carrier or operator services provider as long as the screening code accompanies the call forwarded to the other entity. The Company is responsible for properly handling calls, which are selectively screened and are not carried over any other entity's network or facilities. B. Customers subscribing to Selective Call Screening Service are responsible for all toll charges billed to their lines for calls that are not carried solely over the Company's Facilities. Call Trace 6.2.I. Call Trace - Call Trace enables a customer to initiate a trace of the origin of the last incoming call by dialing an activation code. If a trace is successful, the Company’s equipment will record the incoming call detail (date, time, telephone number). The results of the trace will be disclosed to a law enforcement agency. Call Trace is available where facilities permit. Line Port Charge 6.11 Line Port Charge (End User Access Complex) 6.11.1 Description Line Port Charges are applied in addition to the Network Access Surcharge when end users are provided certain single or multi line local business exchange service where the cost of the line port exceeds that of a basic analog line port. 6.11.2 Rates Network Access Surcharge 6.10 Network Access Surcharge

Page 27: GENERAL TERMS AND CONDITIONS Note, these terms and

27

6.10.1 Description The Network Access Surcharge is a monthly charge that compensates for the Company's cost of installation and maintenance of the components that link the end user location to the telephone network. The Network Access Surcharge is assessed per local exchange service line. Telecommunications Service Priority System 6.14 Telecommunications Service Priority (TSP) System 6.14.1 Description The TSP System is a service that provides for the priority provisioning and/or restoration of National Security Emergency Preparedness (NSEP) telecommunications services. The TSP system applies only to NSEP services, which includes Switched Access facilities and local exchange and intrastate services and provides the Company with a guide to the sequence in which services are to be provisioned and/or restored. All facilities that can be identified by a unique circuit identifier can be provisioned for TSP service by the Company. The Executive Office of the President is empowered with the authority to receive, evaluate and process requests for NSEP TSP Services. The Executive Office of the President, through the TSP Program office as its administrative branch, makes the priority level assignments and issues the TSP authorization code reflecting the priority assignments associated with the Customer's request. The Customer initiates the request for TSP service from the TSP Program office through an agency of the federal government. The Customer then provides the TSP authorization code, in addition to all other details necessary to complete the order, and submits it to the Company for appropriate action. Non-Routine Maintenance 6.15 Non Routine Maintenance At the business Customer's request, maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. If maintenance is started during regular business hours but, at the business Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. Caller ID for Call Waiting 6.2.1.E. Call Waiting with Caller ID – Call Waiting with Caller ID provides a tone signal to indicate to a Customer already engaged in a telephone call that a second caller is attempting to dial in and allows a Customer to see a caller's name and number previewed on a display screen allowing a Customer to prioritize and/or screen incoming calls. This feature permits the Customer to place the first call on hold, answer the second call, and then alternate between both callers. Cancel Call Waiting (CCW) allows a Call Waiting (CW) Customer to disable CW for the duration of an outgoing telephone call. CCW is activated (i.e., CW is disabled) by dialing a special code prior to placing a call, and is automatically deactivated when the Customer disconnects from the call. In areas where Caller ID with Name is not available, Caller ID, which only displays the caller’s telephone number, will be substituted. Return Call 6.2.1F. Call Return – allows the Customer to return a call to the last incoming call whether answered or not. Upon activation, it will re-dial the number automatically and continue to check the number every 45 seconds for up to 30 minutes if the number is busy. The Customer is alerted with a distinctive ringing pattern when the busy number is free. When the Customer answers the ring, the call is then completed. The calling party's number will not be delivered or announced to the call recipient under any circumstances. Call Return is available on either a flat monthly rate or on a usage sensitive basis, where facilities exist. Repeat Dialing 6.2.1.G. Repeat Dialing - Permits the end-user to have calls automatically re-dialed when the first attempt reaches a busy number. The line is checked every 45 seconds for up to 30 minutes and alerts the Customer with a distinctive ringing pattern when the busy number and the Customer's line are free. The Customer can

Page 28: GENERAL TERMS AND CONDITIONS Note, these terms and

28

continue to make and receive calls while the feature is activated. The following types of calls cannot be reached using Repeat Dialing:

Calls to 800 Service number Calls to 900 Service number Calls preceded by an interexchange carrier access code International Direct Distance Dialed calls Calls to Directory Assistance Calls to 911

Repeat Dialing is available on either a flat monthly rate or on a usage sensitive basis, where facilities are available. Selective Call Rejection 6.2.1.H. Selective Call Rejection - Allows a customer to block incoming calls from a preselected list and/or the last incoming call, even if the number is not known Unknown numbers may be added to the preselected list by entering a code after receiving the call. This service is available where facilities exist and where technologically and economically feasible. Blocked calls are routed to a recorded announcement which specifies that the called party is not accepting calls. Diverted callers will not be billed for intraLATA toll charges. Speed Dial 6.2.1.K. Speed Dial - Permits the customer to place calls to other telephone numbers by dialing a code rather than the complete telephone number. This feature is available in a eight (8) number capacity. Operator Services 6.16 Operator Services 6.16.1 Operator Assistance The Company offers operator assisted services to its presubscribed Customers. In addition to the per call service charge, usage rates apply. The Company's operator services are accessible on a twenty four (24) hour per day, seven (7) days per week basis. Operator Services are provided subject to the regulations and rates as set forth on Pages 60.1 and 60.2 of the Sprint Intercity Telecommunications Services, Texas Price List. 6.16.2 Busy Line Verification and Line Interrupt Service Upon request of a calling party, the Company will verify a busy condition on a designated local service line. The operator will determine if the line is clear or in use and report to the calling party. At the request of the Customer, the operator will interrupt the call on the busy line. Busy Line Interruption is only permitted in cases where the calling party indicates an emergency exists and requests interruption. If the Customer has the operator interrupt a call, both the Busy Line Verification and the Emergency Interrupt charge will apply. No charge will apply when the calling party advises that the call is to or from an official public emergency agency. Busy Verification and Interrupt Service is furnished where and to the extent that facilities permit. The Customer shall indemnify and save the Company harmless against all claims that may arise from either party to the interrupted call or any person. Busy Line Verification and Line Interrupt Service is provided subject to the regulations and rates as set forth on Page 60 of the Sprint Intercity Telecommunications Services, Texas Price List. PIC Charge 6.12 Presubscribed Interexchange Carrier Change Charge Customers may presubscribe non-bundled Local Exchange Service lines to their long distance provider of choice. Following the Customer's initial presubscription of each line, any subsequent change will incur a per line charge. Customers who request a change in intraLATA and interLATA carriers on the same order will be assessed a single charge per line. Signal Ring

Page 29: GENERAL TERMS AND CONDITIONS Note, these terms and

29

6.2.1.J. Signal Ring - Provides the customer with one or two additional telephone numbers on the primary line, each with its own distinctive ringing pattern. The designated primary number will receive a normal ringing pattern. DTS (DSI) 5.2.4 Digital Trunking Service (DTS) A. Description Provides for digital access from the customer’s premises to the central office via a DS1 (1.544 Mbps) connection. This connection provides the equivalent of 24 access lines between a customer’s premises and a central office that can be used as Wide Area Telecommunications Service (WATS), or as PBX trunks, which may or may not include Direct Inward Dial (DID). Digital trunking service is provided in a base capacity of 24 channels. The DTS Local Channel provides 1.544 Mbps digital trunking and the local distribution channel between the serving central office and 24 channels, and provides for the communications path between the customer's designated premises and the serving wire center of that premises. B. Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission.

Call Transfer 6.2.1.M. Call Transfer – Permits the customer to transfer an established call to any other line without requiring the assistance of an operator or attendant. The customer is responsible for all usage charges associated with the transferred call for the duration of the call. Call transfer may not be used to transfer calls to intentionally avoid the payment, in whole or in part, of messaging toll charges that would norma lly be applicable between the station originating the call and the station to which the call is transferred. LNP 6.13 Local Number Portability Local Number Portability (LNP) provides local exchange service customers the ability to (1) retain the same telephone number when changing from one local telephone service provider to another while remaining at the same service location and (2) complete calls to ported telephone numbers regardless of where the call originates. The LNP End User Charge is designed to recover the charges incurred by the Company related to the provision of long-term number portability. The LNP end user charge is assessed per residential local exchange service line. 5. Business Local Exchange Service 5.1 General Local Exchange Service consists of furnishing switched communication in connection with one-way and/or two-way information transmission points within a Local Calling Area offered pursuant to this tariff. The rates, charges, and conditions shown herein include all network facilities on the Company’s side of the point of demarcation (Network Interface Device). The purpose of the point of demarcation is to separate responsibility of the Company from the responsibility of the building owner/Customer. Local Exchange Services provide a Customer with a connection to the public switched network which enables the Customer to: a. receive calls from other stations on the public switched telephone network; b. access the Company's Local Calling Areas as set forth in this tariff; c. access the Company's operator and customer service center for service related assistance; access toll-free telecommunications services such as 800, 888, 877 NPA; and access 9-1-1 service for emergency calling.

Page 30: GENERAL TERMS AND CONDITIONS Note, these terms and

30

The Company's service can not be used to originate calls to other telephone companies' caller-paid information services (e.g., 900, 976). Calls to these numbers and other numbers used for caller-paid information services will be blocked by the Company's switch. Local Exchange Service provides an individual access line with Touch Tone Calling for the transmission of one-way or two-way switched voice or data communication within a Local Calling Area. The individual access line is the connecting facility between a Customer’s premise and a serving central office that provides Customer access to the switched network for placing and receiving calls. The individual access line also enables the Customer to access the service of long distance carriers. The Customer is responsible for providing adequate access lines to enable the Company to terminate all 800 Service calls to the Customer's telephone equipment. Should the Customer have insufficient access lines on which to terminate 800 Service calls, the Company reserves the right to request the Customer to add additional lines for call terminations. If, after ninety (90) days, the Customer has not made the requested change, the Company, without incurring any liability, reserves the right to terminate the Customer's 800 Service, with thirty (30) days written notice. All applicable local, state and federal taxes, charges and surcharges are in addition to the monthly rate and charges. The Network Access Surcharge applies to Digital Trunking Service, Integrated Services Digital Network-Primary Rate Interface (ISDN-PRI), and PRI Solution. Applicable Service Connections charges apply. 5.2 Local Exchange Services - Rate Group 2

The following Local Exchange Services are available to customers in exchanges as specified in Section 3.2.1 Rate Group 2.

5.2.1 Basic Business Service

A. Description The monthly charge for Basic Business Service includes unlimited local calling.

B. Rates Customer should reference the Order and current rate schedule filed with the Texas Public Utilities Commission for current rate information.

5.2.2 Business Fax Line A. Description The Business Fax Line is available to business customers who are subscribed to Basic Business Service, Analog PBX Trunks/Key Trunks, or one of the Bundled Services for their primary Local Exchange Service. Customers may subscribe up to a maximum of two fax lines per location. 5.2.3 Analog PBX Trunks/Key Trunks A. Description The following are the available Analog PBX Trunks. When DID Service is requested, DID number charges apply. Three types of trunk signaling are also available, DP (Dial Pulse) signaling, MF (Multi Frequency) signaling and DTMF (Dual Tone Multi Frequency) signaling, one of these types of signaling must be selected by the customer.

Page 31: GENERAL TERMS AND CONDITIONS Note, these terms and

31

Line Hunting as specified in Section 6.8 is included at no additional charge. 1. Local Access Trunk 2-Way – An analog PBX trunk allowing inward and outward calling. 2. Local Access Trunk Outward – An analog PBX trunk allowing outward calling only. 3. Local Access Trunk Inward – An analog PBX trunk allowing inward calling only to the PBX. 4. Local Access Trunk DID – An analog PBX trunk allowing inward calls to the station level. 5. Local Access Trunk DID 2-Way – An analog PBX trunk allowing inward calls to the station level and transfer of those calls to another line through the use of an incoming/outgoing trunk facility. Establishment of service and subsequent trunk installations will incur a set-up charge per trunk group. Charges apply for changes or redesigns in signaling or transmission interface. This trunk requires the customer's PBX to work with E&M signaling and to connect to a 4-Wire facility. It also allows for outward calling. DID Termination Rearrangement charge applies per trunk group to add or remove 2 Way DID. A Change Order charge applies for changing individual trunks between existing trunk groups. 6. Key Trunk – A central office exchange line that terminates in customer-provided systems that accommodate more than one line. B. Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission. 5.2.4 Digital Trunking Service (DTS) A. Description Provides for digital access from the customer’s premises to the central office via a DS1 (1.544 Mbps) connection. This connection provides the equivalent of 24 access lines between a customer’s premises and a central office that can be used as Wide Area Telecommunications Service (WATS), or as PBX trunks, which may or may not include Direct Inward Dial (DID). Digital trunking service is provided in a base capacity of 24 channels. The DTS Local Channel provides 1.544 Mbps digital trunking and the local distribution channel between the serving central office and 24 channels, and provides for the communications path between the customer's designated premises and the serving wire center of that premises. B. Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Commission.

Page 32: GENERAL TERMS AND CONDITIONS Note, these terms and

32

Shaded area reflects total channels utilized for each combination

III: T-1 Bundle 5.2.6 Bundled Services A. Sprint Custom Access SolutionsSM 1. Description Sprint Custom Access SolutionsSM is designed for the utilization of multiple voice and frame relay combinations over a single 1.544 Mbps facility. Sprint Custom Access Solutions includes frame relay channels and the use of a digital access and cross connect system (DACS) located in a Telephone Company wire center. The channels designated for frame relay will be routed to a frame relay switch through the DACS to a customer designated location. Sprint Customer Access Solutions is limited to the frame relay and DACS capability, and voice channels must be obtained separately. The frame relay bandwidth selected by the customer will determine the UNI port connection and PVC committed information rate provided. One PVC, with throughput equa l to 50% of the UNI port connection, is provided with each Sprint Custom Access Solutions arrangement. For example, when the customer selects a Sprint Custom Access Solutions arrangement for 10 voice channels and 512 Kbps frame relay service, a PVC with a CIR of 256 Kbps will be provided. Sprint Custom Access Solutions is designed to accommodate the voice and frame relay channel combinations identified below. The frame relay portion of Sprint Custom Access Solutions is designed as part of a voice/frame relay combination, with concurrent voice and frame relay availability. The customer is responsible for providing the voice capability.

Voice

Channels 256 Kbps

(4 Channels) 384 Kbps

(6 Channels) 512 Kbps

(8 Channels) 768 Kbps

(12 Channels) 6 10 12 14 18 8 12 14 16 20 10 14 16 18 22 12 16 18 20 24 14 18 20 22 N/A 16 20 22 24 N/A 18 22 24 N/A N/A 20 24 N/A N/A N/A

Sprint Custom Access Solutions will be provided over a 1.544 Mbps facility for connection to the Telephone Company's wire center equipment and frame relay network via a digital access and cross connect system. The provision of Sprint Custom Access Solutions requires terminating equipment (e.g., channel service unit) at the customer's designated premises to allow for the appropriate voice and frame relay channels. The customer is responsible for providing and maintaining the terminating equipment at the customer's designated premises. Sprint Custom Access Solutions includes the full bandwidth of a 1.544 Mbps facility, and cannot be provisioned over fractional DS1 channels.

(a) The following features are provided with Sprint Custom Access Solutions voice channels at no additional charge to the customer: (1) Caller ID - Number Only Provides the customer with the telephone number of the calling party and is intended solely for the use of the Sprint Custom Access Solutions subscriber. (2) Sprint Custom Access Solutions Message Telecommunications Service (MTS): Long Distance services will be provided according to the applicable terms found in section VIII below.

Page 33: GENERAL TERMS AND CONDITIONS Note, these terms and

33

(b) The following optional features will be provided upon customer request at no additional charges to the customer. (1) Line Hunting as specified in Section 6.8. (2) Call Forward Busy/No Answer Permits the forwarding of incoming calls when the customer's line is busy or remains unanswered after a designated number of rings. 2. Rate Regulations (a) The service period for Sprint Custom Access Solutions is one, two, or three years. All Sprint Custom Access Solutions arrangements will begin in month one. If the customer requests that service be disconnected prior to the expiration of the service period selected, a 100% penalty will be assessed for the remaining months of the term. (b) Customers may upgrade a Sprint Custom Access Solutions arrangement without incurring termination liability penalties under the following circumstances: (1) The order for the disconnect of the existing Sprint Custom Access Solutions and the order for the upgraded service arrangement must be received at the same time, with no lapse in service between the installation of the new service and the disconnect of the existing service. (2) The upgraded service is provided between the same customer and central office locations as the discontinued Sprint Custom Access Solutions service. (3) The service period of the upgraded service is equal to or greater than the service period of the existing Sprint Custom Access Solutions. Rate decreases will automatically be applied to the monthly recurring rates for the remainder of the service period. If the customer does not specify renewal terms in writing 90 days prior to the expiration of the service period, the existing Sprint Custom Access Solutions rates in effect at the time of expiration will automatically continue. The customer can terminate Sprint Custom Access Solutions at the end of the service period with no penalty or obligation to continue the service. (c) The provision of Sprint Access Custom Access Solutions requires that a combination of voice and frame relay channels, as set forth in 5.2.6.A.1. remain in service. Should the customer elect to disconnect either the voice or frame relay channels provided, the entire Sprint Custom Access Solutions arrangement must be disconnected and applicable termination liability penalties will apply. (d) Service Rearrangements When a Sprint Custom Access Solutions is rearranged, a charge equal to one half the nonrecurring installation charge for that Sprint Custom Access Solutions arrangement will apply. Service rearrangements are changes to existing (installed) services which do not result in either a change in the minimum period requirements or a change in the physical location of the point of termination at the customer designated premises. Changes in the physical location of the point of termination are treated as disconnects and starts, and will be assessed the full nonrecurring charge associated with the Sprint Custom Access Solutions arrangement selected. (e) Cancellation Charges When a customer cancels an order for Sprint Custom Access Solutions, cancellation charges, as set forth following, will be calculated using the nonrecurring charges associated with the Sprint Custom Access Solutions arrangement being cancelled. The Cancellation Charge will be a percentage of all nonrecurring charges associated with the order, or that part of the order being canceled. This percentage is calculated by dividing the number of days from the date on which the Company confirms to the customer that the requested service can be provided through the cancellation date by the number of days in the agreed upon service interval. The Cancellation Charge is then developed by multiplying the nonrecurring charges associated with installation of the canceled service by the calculated percentage.

Page 34: GENERAL TERMS AND CONDITIONS Note, these terms and

34

(f) Special Construction charges may apply where facilities and/or operating conditions do not permit the provision of Sprint Custom Access Solutions and the customer desires the Company to provision the Sprint Custom Access Solutions. 3. Application of Rates The rates and charges for Sprint Custom Access Solutions cover all associated service components (i.e., UNI port connection, PVC, and use of the DACS equipment). The Sprint Custom Access Solutions rates are set forth in Customer’s Order and filed with the Commission, and are in addition to any applicable rates and charges set forth in other sections of this tariff. The applicable rates for Sprint Custom Access Solutions include monthly recurring rates and nonrecurring charges, both of which are billed in advance.

4. Monthly Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Commission 5. Nonrecurring Charge Rate information is available on Customer’s Order or in the tariffed rates filed with the Commission.

Page 35: GENERAL TERMS AND CONDITIONS Note, these terms and

35

IV: Voice Bundles B. Priority Solution 1. Description Priority Solution is a bundle service that includes basic business service Local Access Lines, Call Waiting, Caller ID with Name, Anonymous Call Rejection, Call Forwarding, Caller ID for Call Waiting, and Dial-1 domestic long distance. This service is available to business customers at the same customer location, where technically feasible, and is subject to the availability of facilities. Priority Solution is available for one-year, two-year and three-year commitment periods. Customers must subscribe to a minimum of two lines. Commitment periods can be extended by the customer at any time during the term of the plan. The of months accrued in the current plan will apply toward the new plan selected. At the end of the commitment period, the customer's commitment period will be automatically renewed unless the customer requests conversion to the prevailing month-to-month rates for basic business service Local Access Lines and the individual Custom Calling Services features. If a customer disconnects any portion of their Priority Solution service prior to the expiration of the current commitment period, the customer will be billed 100% of the monthly charges for the remaining portion of the committed term. Line Hunting is available as specified in Section 6.8 at no additional charge. Long Distance services will be provided according to the applicable terms found in section VIII below. A per minute of use rate applies for all Dial-1 domestic calls. The intrastate per minute of use rate is specified in the Company's Intercity Telecommunications Services , Texas Price List. The applicable interstate per minute of use rate is specified in the Company's interstate Business Schedule at http://www.sprint.com/rates and conditions. 2. Monthly Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission

Page 36: GENERAL TERMS AND CONDITIONS Note, these terms and

36

C. Classic Solution 1. Description Classic Solution is a bundle service that includes basic business service Local Access Lines, Caller ID with Name, Anonymous Call Rejection, Call Forwarding, Three-Way Calling, Return Call-, and Dial-1 domestic long distance. This service is available to business customers at the same customer location, where technically feasible, and is subject to the availability of facilities. Classic Solution is available for one-year, two-year and three-year commitment periods. Customers must subscribe to a minimum of two lines. Commitment periods can be extended by the customer at any time during the term of the plan. The number of months accrued in the current plan will apply toward the new plan selected. At the end of the commitment period, the customer's commitment period will be automatically renewed unless the customer requests conversion to the prevailing month-to-month rates for basic business service Local Access Lines and the individual Custom Calling Services features. If a customer disconnects any portion of their Classic Solution service prior to the expiration of the current commitment period, the customer will be billed 100% of the monthly charges for the remaining portion of the committed term. Line Hunting is available as specified in Section 6.8 at no additional charge. Long Distance services will be provided according to the applicable terms found in section VIII below. A per minute of use rate applies for all Dial-1 domestic calls. The intrastate per minute of use rate is specified in the Company's Intercity Telecommunications Services, Texas Price List. The applicable interstate per minute of use rate is specified in the Company's interstate Business Schedule at http://www.sprint.com/ratesandconditions. 2. Monthly Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission

Page 37: GENERAL TERMS AND CONDITIONS Note, these terms and

37

VI: Voice Bundle No Features 5.2.6.E. Sprint Business Basic 1. Description Sprint Business Basic is a bundle service that includes Basic Business Service Local Access Lines and Dial-1 domestic long distance. This service is available to business customers at the same customer location, where technically feasible, and is subject to the availability of facilities. Sprint Business Basic is available for one year, two year, and three year commitment periods. Customers must subscribe to a minimum of two lines. Commitment periods can be extended by the Customer at any time during the term of the plan. The number of months accrued in the current plan will apply toward the new plan selected. At the end of the commitment period, the Customer's commitment period will be automatically renewed unless the Customer requests conversion to the prevailing month-to-month rates for basic business local access lines. If a Customer disconnects any portion of their Sprint Business Basic service prior to the expiration of the current commitment period, the customer will be billed 100% of the monthly charges for the remaining portion of the commitment term. Line Hunting is available as specified in Section 6.8 at no additional charge. A per minute of use rate applies for all Dial-1 domestic calls. The intrastate per minute of use rate is specified in the Company's Intercity Telecommunications Services, Texas Price List. The applicable interstate per minute of use rate is specified in the Company's Interstate Business Schedule at http://www.sprint.com/ratesand conditions. 2. Monthly Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission.

Page 38: GENERAL TERMS AND CONDITIONS Note, these terms and

38

VII: PRI/LD BUNDLE 5.2.5 Integrated Services Digital Network-Primary Rate Interface (ISDN-PRI) A. Description ISDN – PRI is a high speed end-to-end digital switched service that provides PBX and host computers access to switched services via an ISDN central office. The service can carry voice, data and video simultaneously. Traffic can be inward, outward or a combination of both. This is controlled by the Customer’s CPE. A standard service consists of up to twenty-three "B" (Bearer) channels and one “D”(Delta) channel at a total speed of 1.544 Mbps. The D channel is used for signaling and can usually handle an additional 19 ISDN services containing 24 B channels. The local channel may be a DS1 with clear channel capability. One Directory Listing will be provided per D-Channel. Additional Directory Listings are available as specified in Section 6.3 B. ISDN – PRI Required Service Components PRI Local Channel: Provides the local distribution channel between the Central Office and the Customer's premise, as well as the Central Office termination for either PRI Custom or PRI National ISDN products. The PRI Local Channel also provides the multiplexing to support up to twenty-three B-Channels at 64 Kbps and one D-Channel for signaling also at 64 Kbps. C. ISDN-PRI Standard Features 1. Call by Call for Trunk Groups : Allows the circuit switched voice and data services enabled on a PRI service to share B channels and arrange them as a single trunk group. This allows incoming and outgoing circuit switched voice and data calls to utilize B channels on a call by call basis. 2. Caller ID: The number associated with incoming calls will be passed to the customer's CPE, including numbers associated with calls to PRI DID numbers. The feature is provided on a per trunk group basis only and is offered in appropriately equipped central offices. 3. Clear Channel Capability: Each B Channel is a 64Kbps Clear channel. Calls over the network may either be 56 kbps or 64 kbps depending on the public network in place between the PRI service and the terminating end of the call. 4. D Channel Control Capability: Provides the capability for a single D channel to provide signaling and control functions for multiple PRI services, leaving the 24th channel on those PRI services available for incoming and outgoing calls. For those PRI services, 24B channels may be ordered. 5. Dedicated Trunk Groups: Allows all 23 channels (24 where technology permits), or a subset thereof, to be used as stand alone trunk groups. Each channel is capable of handling incoming or outgoing circuit switched voice or circuit switched data. 6. Direct Inward Dialing Signaling: Permits incoming dialed calls from the exchange network to reach a specific number serviced by customer-premises equipment without the assistance of an attendant. DID numbers are required at the charges set forth in 6.9. 7. Equal Access Calling: Allows the Customer to preselect an Interexchange Carrier for each circuit switched voice or circuit switched data trunk group.

Page 39: GENERAL TERMS AND CONDITIONS Note, these terms and

39

8. PBX Station ID Capability: Allows the stations user's number to be transmitted over the PRI D channel from DID equipped CE PBXs. This number is provided by the originating station and must have an associated DID number working in the central office. D. ISDN-PRI Optional Service Components/Features 1. PRI TIE Line Termination: Allows Tie Line calls to be directed to and originated from the ISDN PRI B channels. 2. PRI Name Display: Allows incoming name display on compatible customer-provided equipment. 3. PRI D Channel: A D channel may be designated as a Backup D channel for another D channel that provides signaling and control for one or more ISDN PRI connections. Enables the customer to complete calls to a busy station without continually redialing. Certain equipment restrictions may apply. 4. PRI Call-by-Call/Integrated Service Access Feature Capability: Allows the customer to dynamically allocate the use of channels for ISDN-PRI. The customer may also choose voice or data transmission on a per call basis and may choose to subscribe to more services than channels. The Customer Premises Equipment signals the local central office as to which type of service to access for each call. 5. 2 B-Channel Transfer: Allows the central office switch to establish a call directly to the final destination and release the trunks going in and out of the forwarding device, when otherwise two trunks between the Central Office and the original device would be employed for the duration of a call when the call terminates at a given location and is then forwarded to another location. 6. PRI Ring Again: Enables the customer to complete calls to a busy station without continually redialing. Certain equipment restrictions may apply. E. Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission. 5.2.6.D. PRI Solution 1. Description PRI Solution is a bundle service that includes Integrated Services Digital Network-Primary Rate Interface (ISDN-PRI) Local Channel and ISDN-PRI Standard Features as specified in Section 5.2.6 of this tariff for a flat monthly rate, with Dial-1 domestic long distance service as specified following. This service is available to business customers at the same customer location, where technically feasible, and is subject to the availability of facilities. PRI Solution is available for one-year, two-year and three-year commitment periods. Commitment periods can be extended by the customer at any time during the term of the plan. The number of months accrued in the current plan will apply toward the new plan selected. At the end of the commitment period, the customer's commitment period will be automatically renewed unless the customer requests conversion to the prevailing month-to-month rates. If a customer disconnects any portion of the PRI Solution service prior to the expiration of the current commitment period, the customer will be billed 100% of the monthly charges for the remaining portion of the committed term. Line Hunting is available as specified in Section 6.8 at no additional charge.

Page 40: GENERAL TERMS AND CONDITIONS Note, these terms and

40

PRI Solution includes PRI Solution Message Telecommunications Service (MTS). A per minute of use rate applies for all Dial-1 domestic calls. The intrastate per minute of use rate is specified in the Company's Intercity Telecommunications Services, Texas Price List. The applicable interstate per minute of use rate is specified in the Company's interstate Business Schedule at www.sprint.com/ratesandconditions. All applicable local, state and federal taxes, regulatory fees and surcharges apply in addition to the rates specified for this service. One Directory Listing will be provided per D-Channel. Additional Directory Listings are available as specified in Section 6.3. Optional features and rates as defined in Section 5.2.5 are available with this service, and are in addition to those reflected in this section. 2. Rates Rate information is available on Customer’s Order or in the tariffed rates filed with the Texas Public Utilities Commission.

Page 41: GENERAL TERMS AND CONDITIONS Note, these terms and

41

VIII: Long Distance The entire text of applicable terms and conditions, and rates for the following long distance service plans are found in the Sprint Communications Company L.P. Intercity Telecommunications Services Texas Price List for Message Telecommunications Services. The long distance services described below are available to customers who purchase one of the local service bundles identified above. Sprint Business Solutions Services are add-ons to Sprint’s interstate offerings and are available only to Sprint Communications Company L.P. local exchange customers who have selected Sprint as their primary interexchange carrier. Accordingly, the monthly recurring charges which afford customers the ability to place intrastate and interstate long distance calls are located in Sprint's interstate Business Schedule No. 11 located at www.sprint.com/ratesandconditions. FONCARD service, Toll Free Service, and Operator Services are available. 1. Sprint Custom Access SolutionsSM This service is available only to Sprint Communications Company L.P. local exchange customers who subscribe to Sprint Custom Access Solution as specified in Section 5.2.6 of the Sprint Communications Company L.P. P.U.C. of Texas Local Exchange Tariff No. 1. FONCARD service and Operator Services are available. A customer may choose from one of the following long distance options

Option 1: 2000 Minutes Block of Time: Provides the customer with up to 2000 interstate and/or intrastate Dial-1 minutes per month at no charge. Additional Dial-1 minutes will be charged a flat non-distance sensitive per-minute rate as specified in the Company's toll tariffs. Block minutes will be applied in the following order to qualified domestic Sprint long distance usage: (1) dial 1 outbound and (2) toll free. No international usage can be applied to the block minutes. Block minutes will be applied to jurisdictions in chronological order within service types (1) and (2). All calls will be billed in sixty second increments. Rates apply 24 hours a day, everyday. Block minutes that have not been used at the end of Customer's billing cycle will not carry over to the next month. No minimum usage or term is required. Charges do not include taxes, surcharges, regulatory program charges, local access, operator services, or other applicable non-usage charges. Additional monthly recurring charges may apply for interstate and international toll-free services and features

Option 2: Provides the customer with a flat per minute of use rate for all Dial 1 interstate and/or intrastate usage. This rate applies 24 hours a day, every day. Additional in-state fees may apply. Carrier property tax of 1.08% and Carrier Universal Service charge will apply. A per minute surcharge may be applied to calls originating in the U.S. and terminating to a non-U.S. mobile phone number.

All applicable local, state and federal taxes, regulatory fees and surcharges apply in addition to the rates specified for this service.

2. Priority Solution, Classic Solution, PRI Solution and Sprint Business Basic

This service is available only to Sprint Communications Company L.P. local exchange customers who subscribe to Classic Solution, Priority Solution, PRI Solution or Sprint Business Basic as specified in Section 5.2.6 of the Sprint Communications Company L.P. P.U.C. of Texas Local Exchange Tariff No. 1. Customers will receive a flat per minute of use rate for all intrastate Dial-1 calls , with no monthly recurring charge. FONCARD service and Operator Services are available.

Page 42: GENERAL TERMS AND CONDITIONS Note, these terms and

42

IX: CENTREX SERVICE Centrex Service is a central office communications system package provided on individual access lines from Company central office equipment where technically feasible . The service provides local exchange access, interexchange access, intrasystem communication, and standard features. Customers subscribing to Centrex Service II with 26 or more Centrex Service II access lines may subscribe to Centrex Service II under an Individual Case Basis (ICB) contract. A. Definitions Abbreviated Dialing: Allows station abbreviated dialing (i.e., 3, 4, or 5 digit dialing) to other station members within the same customer group. Auto Answer Back: Allows any incoming call to the Primary Directory Number of the set to be automatically answered after four seconds. Call Forward Universal Busy No Answer. Allows a customer to have incoming calls to a station automatically forwarded to a predetermined telephone number, either on all calls and/or busy calls and/or calls not answered. Call Hold: Allows the station user to hold one call for any length of time provided neither party hangs up. The station user may also place other calls while a call is on hold. Call Transfer: Allows a station to transfer an incoming call to another extension. Call Waiting Cancel Call Waiting: Informs a station user, while on an established call, that a second call is waiting. Cancel Call Waiting allows a station user to prevent, on a per-call basis, any incoming calls from call-waiting on his or her line. Incoming calls to the station are given busy treatment. This feature ensures that call-waiting indication tones will not interrupt important calls or disrupt data transmissions. Direct Inward Dialing Allows for incoming calls from the exchange network to reach a specific station. The calling party dials the seven-digit directory number to reach the station. Direct Outward Dialing: Allows a station user to place external calls to the exchange network by dialing the access code (usually the digit 9), receiving an optional second dial tone, then dialing the external number. Last Number Redial: Enables the station user to redial the last called number by pressing a single key rather than dialing the entire number. Speed Call Short (10): Provides for the calling of up to 10 numbers by dialing an abbreviated code. Station Hunting (sequential, circular, multiline): Allows a call to be routed to another telephone number when the called station is busy. Three-way Conference with Consultation Hold and Transfer: Allows a station user to call a third party to conference the third party in, notify the third party of a call being transferred or consult with the third party while the other party is on hold. Touch Tone: A central office provided tone network signaling arrangement for origination of telephone calling. B. Service Description: A. Centrex Service II is provided subject to the availability of facilities and central office equipment as determined by the Company. B. Centrex Service II does not include terminal equipment on the customer’s premises. Provision of the telephone instruments or other equipment is the responsibility of the customer. Some features require specific customer provided customer premises equipment (CPE). In addition, not all CPE will support all features. C. Directory Listings are furnished in accordance with the rates and regulations specified in Section U6 of this tariff. D. Service Charges as specified in Section U4 of this tariff apply to the services offered in this section and are in addition to the Service Establishment Translation Charge. For feature changes after the initial installation, the Service Order Charge will apply in addition to applicable nonrecurring charges. E. The minimum service period for Centrex Service II is one month, unless customers select a 1 year or 3 year TDP. F. The quality of transmission for calls utilizing call forwarding or conferencing may vary depending on the distance and routing involved. G. Directory Assistance charges, as specified in Section U3 of this tariff, apply to Centrex Service II.

Page 43: GENERAL TERMS AND CONDITIONS Note, these terms and

43

H. Call Forward-Universal, Busy, and No Answer shall not be used to extend calls on a planned and continuing basis to intentionally avoid the payment in whole or in part of message toll charges that would regularly be applicable between the station originating the call and the station to which the call is transferred nor shall it be used to simulate rotary service from the Company central office. Each Centrex Service II access line allows for the forwarding of one call at a given time. I. Temporary Suspension of Service (Vacation Service), as specified in Section U2 of this tariff, is not allowed for Centrex Service II. J. Not all Centrex Service II features are compatible with one another. Some combinations of features will not work when applied on the same Centrex Service. K. Centrex Service II is not offered in conjunction with key or PBX trunk local exchange service.access line. L. The assignment of telephone numbers and the sequence of the numbers assigned to a Centrex Service II are made at the discretion of the Company. The Company does not guarantee to provide telephone numbers arranged in a consecutive manner. If the customer requests telephone numbers under a special numbering arrangement to be terminated in a Centrex Service II customer group, then additional recurring and non-recurring charges may apply as determined under an ICB arrangement. M. Centrex Service II is not provided in association with Local Measured Service, residential lines, or Payphone Line Service. N. All exchange access lines terminating in a Centrex Service II system must be served by the same central office or associated remote switch. O. The rates and charges applicable to Region Call also apply per Centrex Service II access line. P. The Company shall not be liable, directly or indirectly for damages, unless caused by gross negligence of the Company in failing to maintain reasonable standards of maintenance and inspection and exercise reasonable supervision. C. Standard Features The Centrex Service II access line rate includes the following features, however the customer may select which features are activated on a per line basis. Abbreviated Dialing Auto Answer Back Call Forward - Universal, Busy, and No Answer Call Hold Call Transfer Call Waiting – Cancel Call Waiting Direct Inward Dialing Direct Outward Dialing Last Number Redial Speed Call Short (10) Station Hunting Three-Way Conference with Consultation Hold and Transfer Touch-Tone Service D. TERM DISCOUNT PLAN (TDP A. Term Discount Plans (TDPs) are available for Centrex Service II, and provide the customer with discounted rates. The customer must agree to a minimum service commitment period for Centrex Service II when the TDP is established. The customer must order a TDP in writing to the Company. A TDP may be ordered based on the following plan options: Plan A: 1 Year Plan B: 3 Year B. The customer must specify the length of the initial service period at the time the service is ordered. When a customer converts to a TDP, no Service Establishment Translation Charge is applied toward Centrex Service II facilities in-service at that time. If a customer moves from a month to month plan to a TDP, or upgrades from a 1 year TDP to a 3 year TDP, then no Service Establishment Translation Charge is applied.

Page 44: GENERAL TERMS AND CONDITIONS Note, these terms and

44

C. If a TDP customer disconnects service prior to the end of the TDP, the customer is liable for 100% of the payments remaining for the remainder of the term plan. If Charges Applicable Under Special Conditions were applied to the service being terminated, any termination charges associated with those services will also apply. D. Rate increases or decreases will automatically be applied to the monthly term plan rates for the remaining term of the TDP. If Company initiated rate increases to any rate element or combination of rate elements causes the charges for the entire Centrex Service II under the TDP to increase by 10% or more annually, then the customer may cancel the TDP without incurring termination liability charges provided that the customer notifies the Company within 30 days after the effective date of the rate increase. E. TDP commitment periods can be extended by the customer at any time during the term of the plan, up to a maximum of 3 years. The number of months accrued in the current plan will apply toward the new plan selected. However, charges under the new TDP commitment period will apply only on a go-forward basis. F. Upon expiration of the TDP service commitment period, the customer may subscribe to a new TDP at the prevailing rates set forth in the Tariff or applicable Price List. At the end of the TDP service commitment period there is no automatic renewal of the TDP, and the rates will convert to the prevailing month to month rates unless the customer selects a new TDP. G. Customers under a TDP who change physical locations will not be subject to termination charges if the customer subscribes to a new Centrex Service II TDP at the new location. However, the number of months accrued in the current plan will not apply toward the plan selected for the new location.

Page 45: GENERAL TERMS AND CONDITIONS Note, these terms and

45

X: MISCELLANEOUS A: FONCARD Rates, terms and conditions applicable to Foncards may be found in Schedule 11 at

www.sprint.com/ratesandconditions. B: TOLL FREE Rates, terms and conditions applicable to Toll Free services may be found in Schedule 11 at

www.sprint.com/ratesandconditions. C: HOSTING (ANS)

Domain Name Registration All customers are required to have a unique domain name which must be registered a unique with a centralized registration agency, such as InterNIC. The Domain Name is maintained on a DNS server by Sprint. Customer is responsible for paying registration fee assessed by the registration agency. Domain Name Service (DNS) Sprint provides both primary and secondary DNS. DNS is used to map a domain name (such as www.sprint.com) to an IP Address and to map an IP Address to a domain name. The primary domain is the one registered with the regulating body which governs the use of IP addresses. Secondary DNS is required by the governing body and provides redundancy in the event the primary DNS server is inaccessible. Sprint offers optional Primary DNS, which means a customer can have its own Web address or domain name (e.g., www.yourname.com) without having to maintain and administer a DNS server.

Web Hosting Web hosting provides with on-line storage of customer data, documentation, web pages and / or files allowing internet uses to access them.

Basic Features Web Hosting Service Offerings Feature Small Medium Large Disk storage HTML FTP

20MB

50MB

100MB

Data Transfer per month (website traffic allocation)

1GB (50,000 pages at 20k per page)

2GB (100,000 pages)

5GB

CGI/Script processing

Customer has own scripts directory

Package with basic business applications and database capabilities

Package with basic business applications and database capabilities

Backup Weekly Weekly Daily Log/Reporting Weekly Daily Daily Domain Name Service PERSONAL PERSONAL PERSONAL Search engine Netscape verity Netscape verity Excite Site access for adding content

FTP FTP FTP

Page 46: GENERAL TERMS AND CONDITIONS Note, these terms and

46

Web Hosting Feature Descriptions Disk Storage Space. Disk storage space refers to the amount of server disk storage specifically allocated to the customer's account. This space is used to store HTML files, graphics, audio clips, POP mail messages and other files that make up the customer's website, as well as the contents of their FTP and script directories. Each of Sprint's Web Hosting Packages include a specified allotment of disk storage space The price varies depending on the number of package selected by the customer. HTML. Hypertext Markup Language (HTML) is the basic programming language for static (text and graphics) information on the Web. The customer's end users can view the HTML pages from the customer's site. FTP. Visitors to the customer's website may upload and/or download files using File Transfer Protocol to their own computer. Downloads may be secured with a password, anonymous (without a unique ID and password) or controlled, where anonymous access is limited to specific file s and directories. Data Transfer. Includes outbound traffic from a Web site, with the exception of e-mail. Sprint's Web Hosting Packages include a specific allotment of free data transfer. The price varies depending on the number of package selected by the customer. CGI Script Support. CGI (common gateway interface) scripts are often used to accomplish interactive tasks that are not supported by basic HTML. Customers have access to a personal local directory in which they can place their own custom (CGI) scripts. This directory can be used to set up scripts such as online forms, a "hit" counter or guest book. Remote File Access. Customers have access to their account via FTP to set up and maintain their website. Customers can work on HTML documents, graphics and scripts locally, then upload files to the website when ready. NOTE: Customers with Microsoft FrontPage extensions installed should use only the FrontPage publishing feature to transfer files. Search Engine . Sprint offers complete search engine capabilities for the Netscape and Microsoft server platforms. Auto Response. This service allows customers to automatically provide a generic response to incoming e-mail messages. Back-up. Sprint provides digital tape backup of files with secured but accessible storage. If a customer's Web authors should accidentally corrupt files on the site, Sprint can restore the site to its previous "clean" condition within a brief period of time. C) Performance and Fault Reports : Customers subscribing to Sprint's this service are provided Performance and Fault reports to assess the overall operational performance of the network. The reports are available by logging into a server managed by Sprint through a web-based interface (browser application). 2. Term The initial term for the Service will commence on the date services are installed and available.

3. Prices Prices are stated on the Order. Prices are fixed for the Initial Term. In the event of a price increase,

Customer may terminate the Agreement with 60 days notice.

4. Delivery

Page 47: GENERAL TERMS AND CONDITIONS Note, these terms and

47

Sprint shall use reasonable efforts to schedule the delivery of the services in order to accommodate

delivery date specified on page 1.

5. Responsibilities of Sprint Sprint shall use reasonable efforts to deliver scheduled services specified on pages 1 and 2. 6. Responsibilities of Customer A. Customer Access: Customer must have or purchase private line, Frame Relay or ATM connection from the customer's premises, directly to a Sprint Point of Presence (POP) for the Dedicated IP service to work. This service is not provided to the customer as a part of the terms and conditions of this agreement. B. Hardware or Software: Equipment or software is not provided to the customer as a part of the terms and conditions of this agreement. Customer shall be responsible for the selection, use and compatibility of hardware or software used for the services. Sprint reserves the right to disconnect the services if hazard, interference, or service obstruction is identified and not corrected by the customer.

C. Acceptable Use: Customer shall not nor shall it permit or assist others to abuse or fraudulently use Products and Services, including but not limited to the following: 1. Obtaining or attempting to obtain service by any means or device with intent to avoid payment; or 2. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of another Sprint customer by any means or device; or 3. Using the services so as to interfere with the use of the Sprint network by other customers or

authorized users, or in violation of the law or in aid of any unlawful act; or

Using the services in a manner not in accordance with generally accepted rules of Internet conduct as adopted and modified by Sprint. Sprint’s Acceptable Use Policy may be updated from time to time and it is the customer’s responsibility to ensure adherence to said policy as located at www.sprintsvc.net Upon the occurrence of any of the above, Sprint may suspend its performance and/or terminate the Agreement with no further obligation to Customer.

a. Limitation of Liability

Page 48: GENERAL TERMS AND CONDITIONS Note, these terms and

48

A. Sprint will not be liable, for protection from unauthorized access of Customer's transmission; or for unauthorized access to or alteration, theft, or destruction of Customer's data files, programs, procedure, or information through accident, fraudulent means or devices, or any other method. B. Sprint will not be liable for claims or damages resulting from or caused by: (i) Customer's fault, negligence or failure to perform Customer's responsibilities; (ii) claims against Customer by any other party; (iii) any act or omission of any other party; or (iv) services furnished by a third party. C. Sprint will not be liable under any circumstances for any indirect, incidental or consequential damages, including, but not limited to lost profits, even if Sprint has been advised of the possibility of such damages. 8. Indemnities A. Sprint will not be liable for all loss, liability, damage and expense, including reasonable counsel fees, caused by: 1. Negligent acts or omissions of officers, employees, agents, or contractors of Customer which result in claims and demands for damages to property or for injury or death to persons, including payments made under any Worker's Compensation Law or under any plan for employee's disability or death benefits;

2. Any claims arising from information, data, or messages transmitted over the network by Customer including, but not limited to, claims for libel, slander, invasion of privacy, infringement of copyright, and invasion and/or alteration of private records or data. 9. Default/Termination A. "Default" shall mean where Customer becomes subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding; or makes an assignment for the benefit of creditors; admits in writing its inability to pay debts when due; or fails within fourteen (14) days after written notice to remedy any breach of these terms and conditions. Upon Default by Customer, Sprint may terminate the services for this purpose. Sprint's actions above shall not waive Customer's obligation to pay for all charges due Sprint hereunder as well as any other damages Sprint may have sustained because of Customer's Default. B. To terminate Products and Services, Customer must provide Sprint with sixty (60) days prior written notice. Customer will pay Sprint the following “Termination Charges” if cancellation of the services is provided with less than sixty (60) days written notice: 1. Fixed Monthly Charges - A lump sum equal to: (i) one hundred percent (100%) of the fixed monthly charges set forth in the Agreement multiplied by the number of unpaid months remaining in the first year of the Initial Term. 2. Usage Charges - An amount equal to the shortfall in any minimum usage commitment set forth on pages 1 and 2. 3. Waived Installation Charges – The amount of any waived installation charges. 10. General

Page 49: GENERAL TERMS AND CONDITIONS Note, these terms and

49

A. Customer shall not assign or transfer the Dedicated IP and Internet Value Added Services Agreement without the prior written consent of Sprint. Customer may assign the Dedicated IP and Internet Value Added Services Agreement to the acquiring company in the case of a buy-out, merger or acquisition with written notice to Sprint. B. Sprint will not be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes (whether of Sprint or others), casualties, accidents, or other occurrences beyond Sprint's control. Sprint shall notify Customer in the event of any of the foregoing occurrences. Should such occurrence continue for more than sixty (60) days, Sprint or Customer may cancel the affected services with no further liability. C. The provision of the services is subject to Sprint's continuing approval of Customer's credit-worthiness. Customer shall furnish financial information as Sprint may from time to time reasonably request to determine Customer's credit-worthiness. D. Any disputes or claims arising out of or related to the Agreement shall be brought within one (1) year of the occurrence. E. These terms and conditions may not be modified except by written amendment by the parties. No agent, employee, or representative of Sprint or Customer has authority to bind the parties to any representation or warranty unless such is specifically included in these terms and conditions, the Agreement, or written amendments thereto. F. Notice to the parties of disputes arising under the Agreement shall be sent by registered mail to the parties to the address shown on the most recent Agreement. All other notices may be sent by regular mail. G. The parties shall attempt to resolve all disputes arising out of or related to the Agreement through good faith negotiations. In the event that the parties cannot reach an agreement, any dispute arising out of or relating to the Agreement will be finally settled by arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be governed by the United States Arbitration Act, 9 U.S.C. Sec. 1, et. seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court with jurisdiction. H. The Dedicated IP and Internet Value Added Services Agreement, including these terms and conditions, shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State where the services are provided. The Dedicated IP and Internet Value Added Services Agreement consists only of the document upon which the parties have affixed their signatures, these terms and conditions and those documents specifically incorporated herein by reference. The Dedicated IP and Internet Value Added Services Agreement is the entire Dedicated IP and Internet Value Added Services Agreement between the parties with respect to the subject matter hereof. No modification, alteration or waiver of any provision hereof shall be binding upon the parties unless evidenced in writing and signed by both parties.

D: EMAIL BOXES

Customer may create e-mail boxes in increments of 10 or 25. The price varies depending on the number of mailboxes selected by the customer.

E: MESSAGELINE VOICE MAIL

Page 50: GENERAL TERMS AND CONDITIONS Note, these terms and

50

The following terms and conditions together with the General Terms and Conditions for Services found at www.sprint4business.com govern Sprint’s provision of MessageLine Voice Mail service (the “Service”) to Customer as specified in the Order form (“Order”). Unless expressly provided otherwise, if a conflict exists between the General Terms and Conditions for Service and these Terms and Conditions, these Terms and Conditions will control. 1. Term and Termination. Sprint will provide the Service on a month-to-month basis. Customer may

terminate the service at any time, for any reason. 2. Payment. Customer agrees to pay Sprint a monthly charge for Service, which will be placed on customer’s

monthly Sprint bill. 3. Charges. Charges for the Service are based on recurring monthly rate, not usage. Sprint may modify the

charges for the month-to-month agreement based on thirty (30) days written notice to Customer. Notification may be either by letter or monthly bill. Sprint reserves the right to modify the terms of this Agreement at any time. If Customer does not agree with the modified changes or terms of the Agreement, as modified, Customer may immediately terminate the service.

4. Limitation of Liability: Sprint’s liability for any negligence, error, mistake, or omission affecting the operation of the Service is limited to a pro rate refund of charge paid by Customer for the Service during the period of time the Service was affected. Any refund must be requested by Customer. Sprint is not responsible for the content of messages, for messages lost due to equipment failure or customer error, or for unauthorized access to Customer’s mailbox caused by Customer’s failure to use a passcode or to adequately protect the confidentiality of Customer’s passcode. SPRINT WILL IN NO EVENT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED TO THE PROVISION OF MESSAGELINE VOICE MAIL SERVICE AND CAUSED BY NEGLIGENCE, ERROR, MISTAKE, OR OMISSION ON THE PART OF SPRINT OR ITS EMPLOYEES OR AGENTS.

5. Termination. Sprint may terminate the Service for nonpayment of charges. However, nonpayment of the Service charges shall not be cause for denial or termination of basic exchange telephone service.

6. Assignment. The Service is for Customer’s use only and may not be assigned. 7. Ownership of telephone numbers. Any telephone numbers assigned directly as a mailbox number remain

the property of Sprint and are not available for number portability.