BULLSEYE TELECOM
MASTER SERVICE AGREEMENT

1. BASIC AGREEMENT. The Master Service Agreement and the agreements and documents referenced herein constitute a contract (collectively, 'Agreement'). Customer has agreed to purchase the services ('Services') selected on each individual attached Service Order (collectively, the 'Service Orders' and each, a 'Service Order'), or authorized telephonically by the customer subject to recorded Third Party Verification, and such additional Services as may be ordered by Customer from BULLSEYE TELECOM from time to time in the future, on these terms and conditions, and such other terms and conditions identified in the Agreement, including the terms set forth in the specific Service Terms and Conditions ('Service Terms and Conditions'), which can be found at www.bullseyetelecom.com.  If Customer does not have access to the electronic version of the Service Terms and Conditions, a hard copy will be provided upon request.  Customer agrees to comply with all such terms and conditions and to timely pay for all Services. Customer is responsible for verifying that all Customer information on the Service Order is complete and accurate and reflects Customer's intentions. To the extent any terms or conditions in this Master Service Agreement are inconsistent with the terms set forth in the Service Terms and Conditions, the terms set forth in the Service Terms and Conditions will govern.

2. PROVISION OF SERVICES. Subject to the terms and conditions of this Agreement, BULLSEYE TELECOM shall provide to Customer the Services solely for Customer's own use, and not for the use or benefit of any third party. Customer may allow its employees, agents, and other users to access the Services on Customer's behalf, provided Customer communicates the terms and conditions of this Agreement to all potential users, and obtains from each user (or, in the case of a minor user, from the parent or legal guardian) a substantively equivalent agreement that limits the liability of BULLSEYE TELECOM as described in this Agreement. Customer takes full responsibility for the use of the Services by any minors and hereby consents to such minors' use of the Services. The Services provided by BULLSEYE TELECOM to the Customer are not for resale without the prior written agreement of BULLSEYE TELECOM. In the event the Customer attempts to sell the Services, including the routing of Internet Protocol traffic from other individuals or organizations, BULLSEYE TELECOM must be notified. In such case, BULLSEYE TELECOM may, at its sole discretion, increase the fees associated with the Services rendered hereunder, or terminate this Agreement, pursuant to the termination provisions contained in these Terms and Conditions.

3. CPNI NOTIFICATION AND CONSENT SOLICITATION. BULLSEYE TELECOM's ability to deliver superior service is enhanced by having access to Customer account records for marketing purposes. Customers have the right, and BULLSEYE TELECOM has the duty, to protect the confidentiality of information such as the types and amounts of Services Customers buy from BULLSEYE TELECOM and what Customers pay for those services. This information is known as Customer Proprietary Network Information (CPNI). BULLSEYE TELECOM is required to get a Customer's permission before using CPNI to offer Customer any additional Services outside the product category currently subscribed to by the Customer. BULLSEYE TELECOM will not share information regarding a Customer's account unless required to do so by law. Customer's service will not be affected regardless of whether or not a customer allows BULLSEYE TELECOM use of the CPNI.

4. UPGRADES AND SUPPORT. From time to time, BULLSEYE TELECOM may (and has the right to) send information and offers to Customer and its users about upgrades, documentation and other services offered by BULLSEYE TELECOM. Notwithstanding the foregoing, unless otherwise agreed in writing, under no circumstances shall BULLSEYE TELECOM have any obligation to provide Customer with upgrades, enhancements, modifications, or support for the Services other than as set forth herein.

5. BILLING, CHARGING AND PAYMENT.
5.1. DEPOSIT. A deposit may be required of a Customer in compliance with state law. BULLSEYE TELECOM may review Customer's credit profile and may require a security deposit or other assurance(s) of payment as a condition to continuing to provide Services (except where such deposits or assurances are prohibited).

5.2. CREDIT LIMIT. Any credit limit established for Customer shall not be exceeded at any time, unless Customer has received the prior written consent of BULLSEYE TELECOM. If Customer's charges do or are projected by BULLSEYE TELECOM to exceed its credit limit, or if there is a change in Customer's credit rating, BULLSEYE TELECOM may review Customer's credit profile and may require a security deposit or other assurance(s) of payment as a condition to continuing to provide Services (except where such deposits or assurances are prohibited).

5.3. RATES AND PRICING TERMS. Customer is being provided each Service reflected on the Service Orders at the charges, recurring and nonrecurring, stated on the Service Orders, and where applicable, at the per minute rate stated for the specific Service. If Service is being procured at rates not specified, Customer agrees to pay the standard rate that applies to other similarly situated customers with its volume and term commitment. The rates and charges made available to Customer include any standard volume discounts or promotions that may from time to time be offered for the Services. No discounts are cumulative. Percentage discounts are effective only when associated with the standard rates for an identified BULLSEYE TELECOM plan, and confirmed in writing by BULLSEYE TELECOM.

Except as otherwise provided herein, Customer is guaranteed the same net rate for the quoted Service so long as it remains in compliance with this Agreement. Billed charges will include in addition to the rate: any non-recurring charges; governmental taxes; tax and tax-related surcharges, including ad valorem taxes or surcharges; governmental fees or assessments, including surcharges and fees established or assessed by government, and any program-related requirements of BULLSEYE TELECOM; temporary surcharges to recover additional charges or fees required to be paid by unrelated service providers; applicable operator assistance charges, any local loop or Premise Access charges, and any charges of third parties related to Customer's Services which are passed through to Customer; each of which shall be payable by Customer. Discount credits are not available for locations and accounts for which Customer has not accepted full and primary payment responsibility.

BULLSEYE TELECOM reserves the right to lower pricing for any Service(s) to the Customer with no ability for the Customer to terminate those Service(s).  If BULLSEYE TELECOM increases rates (excluding surcharges and fees) for any Service(s)under the existing Agreement, the Customer has up to thirty (30) days from notification of any rate increase to terminate those Service(s) (by written notice to BULLSEYE TELECOM or by telephone notice by contacting BULLSEYE TELECOM Customer Service subject to recorded Third Party Verification), negotiate a new one, or accept the rate increase. Failure to provide such notice within such thirty (30) day period shall be deemed Customer's acceptance of the rate increase, unless specified otherwise in Service Terms and Conditions.

5.4. PAYMENT OBLIGATIONS. Customer shall pay monthly to BULLSEYE TELECOM the fees for all Services provided, including all applicable line access, seat, feature, usage and any other fixed recurring charges as set forth in this Agreement. Services specified as 'prepaid,' if any, shall be paid in part at time of sale, the balance due at time Service is installed. Customer shall also pay BULLSEYE TELECOM any applicable Account Initiation fees and or Deposits at the time of execution of this Agreement. Line access, seat, feature and any other fixed recurring charges will be invoiced monthly, in advance, and are due upon receipt during the term of this Agreement. Each invoice will also show any fees due for usage for the previous completed month and are due at the same time as the advance monthly fees.

5.5. BILLING DISPUTES. Any billing disputes must be received by BULLSEYE TELECOM in writing within thirty (30) days of the invoice date, and to be effective must be made in good faith, with any itemization of the nature and amount of the dispute, and with Customer timely paying all undisputed amounts.

5.6. LATE/NON-PAYMENT. Failure to pay fees on a timely basis may at BULLSEYE TELECOM's option, be deemed as termination by Customer, and Customer shall be liable to BULLSEYE TELECOM for one hundred (100%) percent of scheduled monthly recurring charges due under this Agreement through the scheduled termination date of the Agreement, as if an early termination had not occurred. This amount will be billed as a single lump sum amount, due and payable by Customer to BULLSEYE TELECOM upon termination. Should the Services be terminated, interrupted or discontinued due to non-payment, BULLSEYE TELECOM may at its option require Customer to pay a restoration charge, in addition to any current late payment charge and interest, prior to reconnecting the Services. Unpaid invoices are subject to BULLSEYE TELECOM'S then-current late payment charge and interest of one and one-half percent (1.5%) per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection, including attorney's fees.

6. AGREEMENT TERM. Service is offered on the contractual term periods specified on the applicable Service Order and begins upon the date of initial service activation, unless specified otherwise in the Service Terms and Conditions. Subsequent terms of this Agreement automatically renew for one (1) year periods without further action by Customer unless Customer gives BULLSEYE TELECOM written notice of non-renewal at least sixty (60) days but not more than one-hundred twenty (120) prior to the end of the term in which notice is given. Expiration of the term or termination of Service does not excuse Customer from paying all unpaid, accrued charges due in relation to the Agreement.

7. EQUIPMENT
7.1. BULLSEYE TELECOM PROVIDED EQUIPMENT. If, and to the extent that, BULLSEYE TELECOM provides to Customer, on the terms and conditions as specified in this Agreement, any equipment in connection with this Agreement (the 'Equipment'), Customer, at Customer's own cost and expense, shall maintain and keep the Equipment in good repair, condition and working order, shall use the Equipment lawfully, in a careful and proper manner, and shall not alter the Equipment without BULLSEYE TELECOM's prior written consent. BULLSEYE TELECOM reserves the right to inspect the Equipment at any reasonable time. The Equipment is for the express purpose of use by the Customer, and no persons or entities other than Customer may use, store or operate the Equipment without the written consent of BULLSEYE TELECOM. The Equipment is, and at all times shall remain, the sole and exclusive property of BULLSEYE TELECOM, and Customer shall have no right, title or interest therein, except as set forth by this Agreement. Except as described in this Agreement, Customer has no right to purchase or otherwise acquire title to or ownership of any of the Equipment or property of this Agreement no matter that the Equipment or any part thereof may now be, or hereafter become, attached or affixed to real property or any improvements thereon. Customer, upon the termination or expirations of this Agreement, shall return, at its sole cost, the Equipment in good repair and condition (normal wear and tear excepted) to BULLSEYE TELECOM. Customer shall maintain adequate insurance on the Equipment to insure against damage to or loss of the Equipment and shall provide to BULLSEYE TELECOM a copy of a Certificate of Insurance, upon request.

7.2 LAWFUL USE OF SERVICE, CPE AND OTHER EQUIPMENT. Customer agrees to use the Services and Equipment only for lawful purposes. Customer agrees not to use the services for transmitting or receiving any communication or material that would constitute or encourage a criminal offense, give rise to a civil liability or otherwise violate any applicable local, state, national or international law. Customer and its users shall observe all generally accepted Net protocol. To comply with applicable laws and lawful government requests, to operate its Services properly, or to protect itself or its account holders, BULLSEYE TELECOM reserves the right to access and disclose any information, data, graphics, video, sound, files and other content created by, provided by, or accessed by Customer ('Content'), including account holders' names and other registration and identification information. BULLSEYE TELECOM will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity of which it becomes aware. BULLSEYE TELECOM reserves the right to immediately terminate or modify the Services, if BULLSEYE TELECOM determines in its sole discretion that Services are being used for any of the aforementioned activities.

8. BREACH, DEFAULT AND TERMINATION. The following provisions govern breach by a party:

8.1. BREACH BY CUSTOMER. If Customer (I) fails to pay any outstanding charges after five (5) days written notice of delinquency, or (II) fails to comply with any other material term or condition of this Agreement or fails to cure any other breach of this Agreement within thirty (30) days after receipt of notice of such breach from BULLSEYE TELECOM, Customer shall be in default and BULLSEYE TELECOM may, at its option, take any or all of the following actions: (a) in compliance with state law, terminate the Services or any portion thereof; (b) temporarily suspend or block the Services; (c) remove Customer and Customer's equipment from BULLSEYE TELECOM facilities and locations; (d) commence action to collect all sums then due or that subsequently become due to BULLSEYE TELECOM; and (e) take any additional steps permitted by law. In the event of termination, Customer shall be liable for all charges incurred as of the termination date, and for such additional charges and fees set out in this Agreement. If Customer takes advantage of or abuses use of any Service or facility provided under this Agreement, such as leaving an internet connection up for an unusual amount of time, BULLSEYE TELECOM has the right to charge for any excess usage and all related costs or expenses. BULLSEYE TELECOM also has right to upgrade Services onto an advanced facility without additional permission from the Customer.

8.2. BREACH BY BULLSEYE TELECOM. If BULLSEYE TELECOM fails to comply with any material term or condition of this Agreement, and fails to cure its breach of any material term or condition of this Agreement within thirty (30) days after BULLSEYE TELECOM's receipt of notice from Customer of such breach, Customer may terminate the circuit or Service which is the subject of such failure or non-observance, except for charges incurred with continued use. The Customer shall have no further obligation to BULLSEYE TELECOM for payment of charges (except for the continued use charges) for the terminated circuit or Service after notice to BULLSEYE TELECOM of termination after the expiration of thirty (30) day notice period, unless otherwise specified in the Service Terms and Conditions. Except for the provisions of Section 21, this subsection states Customer's exclusive remedy for a breach by BULLSEYE TELECOM.

8.3. TERMINATION. This Agreement shall be effective and binding upon the parties hereto upon full execution by both parties.  Should Customer seek to terminate existing Services at any service location, whether Services are to be relocated to another location or not, or should Customer, for any reason, cease operations at the Service Location provided for in this Agreement, Customer shall be liable to charges as outlined in BULLSEYE TELECOM'S Move Relocation Policy, a copy of which can be found on BULLSEYE TELECOM's web site at www.bullseyetelecom.com or in writing upon request, and subject to the notice provisions outlined in the Service Terms and Conditions. Either party may terminate this Agreement upon the other party's breach of any term, condition, or obligation under this Agreement if such breach is not remedied (i) within ten (10) days from the date of written notice with respect to any monetary obligation, and (ii) within thirty (30) days from the date of written notice with regard to any other breach.  If any legal authority such as FCC, PUC or ILEC changes, modifies, repeals, or initiates any rules, orders, tariffs, or other legal requirements that impact BULLSEYE TELECOM's ability to maintain this Agreement in whole or in part and in BULLSEYE TELECOM's sole determination, BULLSEYE TELECOM may terminate this Agreement. 
BULLSEYE TELECOM recognizes that Customer's technology needs can change rapidly.  For that reason, notwithstanding anything to the contrary in Section 8.4 or any other provisions in this Agreement, Customer will not be liable to pay any cancellation charges if Customer switches from one type of BullsEye Service ('Prior Service') to another type of BullsEye Service ('New Service') before the term of the Prior Service expires, so long as: (a) the length of the term for the New Service is at least as long as the amount of time remaining in the term for the Prior Service; and (b) the monthly recurring charges for the New Service are equal to or greater than the monthly recurring charges for the Prior Service.

8.4. TERMINATION FEE FOR EARLY CANCELLATION. Should Customer cancel an order in process prior to installation, or, following installation, terminate this Agreement at any time during the term of the Agreement, Customer shall be liable to pay BULLSEYE TELECOM cancellation charges as outlined in BULLSEYE TELECOM's Order Cancellation and Termination Policy, a copy of which can be found on BULLSEYE TELECOM's web site at www.bullseyetelecom.com or in writing upon request, and which, in part, provides that Customer may be liable to BULLSEYE TELECOM for one hundred (100%) percent of scheduled monthly recurring charges due under this Agreement through the scheduled termination date of the Agreement, as if an early termination had not occurred, unless otherwise noted in the Services Terms and Conditions. Where Customer's failure to pay fees on a timely basis results in a termination of Services, such termination shall be deemed a termination by Company, and Customer shall be liable to pay BULLSEYE TELECOM cancellation charges as outlined in BULLSEYE TELECOM's Order Cancellation and Termination Policy.  If this Agreement is cancelled prior to expiration of the Initial Term or the then current term either (I) by BULLSEYE TELECOM for Customer's breach or (II) by Customer except in accordance with the customer service quality satisfaction assurance provision or a BULLSEYE TELECOM breach, Customer is liable for a termination fee ('Termination Fee') equal to the sum of one hundred percent (100%) of the monthly recurring charges for each remaining month of the Term, all circuit charges as specified in this Agreement, any cancellation charges for circuits or other Services from BULLSEYE

TELECOM or from third parties through BULLSEYE TELECOM, CPE or Equipment charges and any applicable governmental program charges, unless otherwise noted in the Services Terms and Conditions. Customer agrees that the Termination Fee and the cancellation charges each are based on an agreed term commitment by Customer and is not a penalty. Customer is responsible for any termination fees, commitment fees or penalties that may be assessed to Customer by any predecessor carrier that was utilized by customer prior to obtaining service from BULLSEYE TELECOM. 

8.5. OTHER ISSUES ON TERMINATION. In the event BULLSEYE TELECOM initiates litigation under this Agreement, then unless Customer prevails in such litigation by order or judgment, BULLSEYE TELECOM shall be entitled to recover its reasonable attorney's fees and other costs of collection. Customer specifically acknowledges that numbers are an addressing convention as part of the North American Numbering Plan and that it has no right to any number(s) or addresses, and that BULLSEYE TELECOM is authorized to not transfer any transportable, toll-free number or other number or address to any other telecommunications provider if Customer has any outstanding balance on its BULLSEYE TELECOM account at the time this Agreement is terminated. BULLSEYE TELECOM may, solely at BULLSEYE TELECOM's discretion, release any telephone number that was ported to BULLSEYE TELECOM by Customer and used in conjunction with Customers Service to Customers new service provider provided Customers account is terminated and paid in full.

9. ASSIGNMENT. This Agreement is not assignable, transferable or sub-licensable by Customer except with BULLSEYE TELECOM's prior written consent.

10. FORCE MAJEURE. Customer shall not hold BULLSEYE TELECOM liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics and similar occurrences beyond BULLSEYE TELECOM's reasonable control.

11. ENTIRE AGREEMENT. This Agreement, which includes the Service Orders, these Master Services Terms & Conditions and theagreements and documents referenced therein and herein, along with any applicable tariff sections, represent the entire understanding between BULLSEYE TELECOM and Customer with respect to the Services and supersede any prior written or oral offers or proposals provided by BULLSEYE TELECOM or its representatives not specifically incorporated herein by reference. All modifications to this Agreement must be in written form and approved by BULLSEYE TELECOM.

12. NO WAIVER. If either party fails, at any time, to enforce any right or remedy available to it under this Agreement, that failure shall not be construed to be a waiver of the right or remedy with respect to any other breach or failure by the other party.

13. CONSTRUE AGREEMENT TO BE VALID. In the event any of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the unaffected provisions of this Agreement shall remain in full force and effect to the extent practicable and consistent with the legitimate original expectation of the parties.

BULLSEYE TELECOM and Customer shall negotiate to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with such original expectations.

14. NON-DISCLOSURE. Customer agrees that it will not affirmatively disseminate or disclose any of the material terms and condition of this transaction, other than those terms and conditions that are made available to the public by applicable law or regulation, for a period of two (2) years except for that information that is or becomes known or available publicly without any violation of this Agreement, is obtained through a third party without any obligation of confidentiality, or is disclosed pursuant to law or legal process, or is disclosed with permission of the other party.

15. GOVERNING LAW. This Agreement and the rights and obligations of the parties under this Agreement shall be governed by and construed in accordance with the laws of the State of the Michigan, without giving effect to its conflict of laws principles, and the courts sitting in either Oakland County, Michigan or the United States District Court for the Eastern District of Michigan shall have exclusive jurisdiction and venue relative to any claim or dispute arising hereunder.

16. CHANGES TO THIS AGREEMENT. BULLSEYE TELECOM may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all previously agreed to electronic and written Terms and Conditions. If Customer continues to be enrolled in, use, or pay for the Services after any changes in prices, charges, and/or terms and conditions have been made, Customer agrees to the changes. Notices are given and effective on the date posted on the BULLSEYE TELECOM web site at www.bullseyetelecom.com and/or the date BULLSEYE TELECOM notifies Customer of changes by the following: email at the address provided by Customer, postcard, letter, recorded announcement, message on Customer's bill, an insert in Customer's bill, newspaper ad, or a call to Customer's billed telephone number, whichever occurs first.

17. SURVIVAL. The provisions of Sections 5, 7, 8 and 19 shall survive any termination of this Agreement.

18. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711). BULLSEYE TELECOM MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NETWORK. BULLSEYE TELECOM will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on BULLSEYE TELECOM's equipment, transmitted over networks accessed by the Services, or otherwise connected with Customer's use of the Services. Customer agrees that due to the state of the art capabilities, unauthorized access to their site is possible. BULLSEYE TELECOM acts as a common carrier, and as such does not provide any filtering or protection from the activities of the Internet as a whole. The Customer is responsible for analyzing, implementing, maintaining, and monitoring network security as it pertains to its site. In order to help maintain the security of the BULLSEYE TELECOM environment, BULLSEYE TELECOM may control access to privileged modes of operation on the BULLSEYE TELECOM network. Any attempts by Customer to bypass or otherwise thwart security on privileged modes of operation, or gain unauthorized access to any BULLSEYE TELECOM facilities, will constitute a breach of this Agreement. In the event of such breach, all moneys due through the end of the term will become due and payable immediately, Internet service will be immediately terminated, and Customer may be liable for other damages as well. Customer agrees to inform BULLSEYE TELECOM of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a user ID or password. Until BULLSEYE TELECOM is notified by electronic or conventional mail, or by telephone, of a breach of security, Customer shall remain liable for any unauthorized use.

19. WARRANTIES AND LIMITATION OF LIABILITY. BULLSEYE TELECOM warrants only that its United States telecommunications network meets the applicable technical standards established for call transport by the telecommunications industry and that it has the authority to enter into this Agreement and to perform in accordance with its terms. BULLSEYE TELECOM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS FACILITIES, TRANSMISSION, EQUIPMENT, DATA OR SERVICE PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FUNCTION.

LIMITATION OF LIABILITY. EXCEPT IN THE CASE OF SERVICES FOR WHICH BULLSEYE TELECOM OFFERS SERVICE-SPECIFIC CREDIT OR WHERE LIABILITY CANNOT BE DISCLAIMED OR LIMITED AS A MATTER OF LAW, THE ENTIRE LIABILITY OF BULLSEYE TELECOM FOR ALL CLAIMS OF WHATEVER NATURE ARISING OUT OF ITS PROVISION OF FACILITIES, TRANSMISSION, DATA, SERVICE OR EQUIPMENT, AND NOT CAUSED IN WHOLE OR PART BY CUSTOMER OR ANY THIRD PARTY, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE CORRESPONDING PROPORTION OF THE MONTHLY RECURRING CHARGES TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT (OR ANY OTHER EVENT OR ACTION GIVING RISE TO A CLAIM) OCCURS.  WITH RESPECT TO ANY TARIFFED SERVICE, BULLSEYE TELECOM'S LIABILITY FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IF ANY IS NOT LIMITED BY SUCH TARIFF. EXCEPT FOR A REFUND OF ACTUAL CHARGES PAID FOR A NUMBER ASSIGNMENT, PUBLICATION, LISTING OR ADVERTISEMENT (OR WHERE LIABILITY CANNOT BE DISCLAIMED AS A MATTER OF LAW) BULLSEYE TELECOM SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO (i) ANY PREMATURE OR INCORRECT PUBLICATION, LISTING OR ADVERTISEMENT OR ANY TELEPHONE NUMBER OR BUSINESS; (ii) ANY OMISSION OR FAILURE TO LIST OR PUBLISH NUMBERS IN ANY DIRECTORY OR LISTING EXCEPT AS ANY STATE LAW OR COMMISSION RULE OR REGULATION MAY OTHERWISE SPECIFY; AND (iii) ANY DISCONTINUANCE OR CHANGE OF ANY NUMBER. IN NO EVENT SHALL BULLSEYE TELECOM BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR OTHER BENEFIT. BULLSEYE TELECOM IS NOT LIABLE FOR ANY ACT OR OMISSION THAT DOES NOT PERTAIN TO THE PROVISION OF SERVICES THAT IS COMMITTED BY ANY OTHER PERSON OR PERSONS. THE REMEDIES SET OUT IN THIS AGREEMENT ARE THE EXCLUSIVE REMEDIES AVAILABLE TO CUSTOMER.

20. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Both parties agree this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind BULLSEYE TELECOM in any respect whatsoever. In the event of a breach of this Agreement, or a dispute with respect hereto, which cannot be settled by the parties through negotiation, the parties agree to submit the matter to the Small Claims Court in Southfield, Michigan, or, if such court is unavailable, the Small Claims Court of appropriate jurisdiction and venue elsewhere in Oakland County, Michigan; provided, however, that if the dispute is not within the jurisdiction of such court or the amount of the claim exceeds the jurisdictional limit of such court, the parties agree to submit the matter to binding arbitration in Southfield, Michigan, pursuant to the Commercial Rules of the American Arbitration Association. In addition, the prevailing party shall be entitled to recover costs and attorneys' fees. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. CUSTOMER RECOGNIZES AND AGREES THAT THE WARRANTY, LIABILITY AND REMEDY DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED-FOR BASES OF THIS AGREEMENT, THAT WITHOUT THEM BULLSEYE TELECOM WOULD NOT ENTER INTO THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY CUSTOMER TO ENTER INTO THIS AGREEMENT.

21. CUSTOMER QUALITY ASSURANCE. BULLSEYE TELECOM's service quality is intended to be competitive. If Customer faces continuing Service problems, is dissatisfied with BULLSEYE TELECOM's network quality or faces continued problems with its sales or Service support (but not rates or pricing), Customer may notify BULLSEYE TELECOM of such dissatisfaction and as its exclusive remedy, cancel this Agreement (or any individual Service) subject to payment of all charges currently unpaid, but without liability for any termination fee or cancellation charges, except third party charges and the installation cost of dedicated circuits, if: (i) the problem is not caused by Customer or its representatives or vendors and is attributable solely to facilities, Services or causes within BULLSEYE TELECOM's reasonable control; (ii) BULLSEYE TELECOM is unable to resolve a covered problem to Customer's reasonable satisfaction within thirty (30) days after receipt of Customer's notice; and (iii) Customer's account with BULLSEYE TELECOM is current (i.e., there is no outstanding balance older than thirty (30) days) at the time of cancellation. The notice shall be communicated to BULLSEYE TELECOM, Attention Contract Administration at 25900 Greenfield Road, Oak Park, Michigan 48237 or telephone: 877-NET-BULL (877-638-2855).

22. SERVICE LEVEL AGREEMENTS - SPECIFIC SERVICES. BULLSEYE TELECOM will provide the Services within the BULLSEYE TELECOM network at the performance levels and according to the terms stated in any Service Order that may apply to a specific Service. Credits for failure to meet the performance levels are stated in any such Service Order. The performance levels stated in such Service Order shall continue to apply to the same extent to such Service if it is detariffed for the remainder of the Term, unless otherwise modified by BULLSEYE TELECOM. No Service Order or other credits are cumulative.

By signing, faxing or mailing (via US Mail or e-mail) your approval of this Master Service Agreement, you and BullsEye Telecom are agreeing to this Master Service Agreement, any Service Orders attached to this Master Service Agreement and the specific Terms and Conditions for the Service(s) ordered (Service Ts & Cs), which can be found at www.bullseyetelecom.com. If you do not have access to the electronic version of the Service Ts & Cs, a hard copy will be provided upon request.  Further, by signing, faxing or mailing (via US Mail or e-mail) your approval of this Master Service Agreement, you acknowledge that you do not need to complete the signature blocks on any attached Service Order for that Service Order to be binding on you and BullsEye Telecom.

BULLSEYE TELECOM

BullsEye VoIP Services Terms and Conditions

1. BASIC AGREEMENT. These terms and conditions supersede any inconsistent BULLSEYE TELECOM terms and conditions set forth in the Master Services Agreement.  For purposes of these VoIP Services Terms and Conditions, “Agreement” shall have the definition given in the Master Service Agreement.

2. PROVISION OF SERVICE. Subject to the terms and conditions of this Agreement, BULLSEYE TELECOM shall provide to Customer the Service solely for Customer’s own use, and not for the use or benefit of any third party. The Service provided by BULLSEYE TELECOM to the Customer is not for resale without the prior written agreement of BULLSEYE TELECOM. In the event the Customer attempts to sell the Service, including the routing of Internet Protocol traffic from other individuals or organizations, BULLSEYE TELECOM must be notified and may, at its sole discretion, increase the fees associated with the Service rendered hereunder, or terminate this Agreement, pursuant to the termination provisions contained in these Terms and Conditions. Customer agrees that the Service may not be used for the following purposes: auto-dialing, telemarketing, call center activities, continuous use of extensive call forwarding, call relaying, fax broadcasting or fax blasting. BULLSEYE TELECOM reserves the right to immediately terminate and or modify the Service and pricing, if BULLSEYE TELECOM determines, in its sole discretion that Customer’s Service is being used for any of the aforementioned activities. Customer agrees to notify BULLSEYE TELECOM immediately if Customer becomes aware at any time that the Service is being stolen or fraudulently used. In cases where Customer is a lessee of the facilities in which Service is to be installed, Customer assumes complete responsibility for all negotiations with lessor regarding access rights and any delays associated therewith. Customer also assumes all responsibility for any costs assessed to Customer by lessor as a result of the installation of Service.

3. EMERGENCY SERVICES 911 AND E911 CALLING. Customer acknowledges and understands that the Service may not support traditional 911 or E911 access to emergency services. Customer may not be able to use the Service, IP Phones or CPE and Other Equipment to call for emergency assistance by dialing 911. 911 or E911 calls may be routed to the nearest Public Safety Answering Point office (PSAP). Typically, these calls are answered by the front desk of the PSAP and then routed to an emergency operator at that location. However, some PSAPs will not accept calls in this manner. Additionally, network congestion, radio interference, weak wireless signals or other causes of reduced Internet access service performance may prevent Customer from being able to call 911 or may delay the routing of Customer’s 911 call or E911 information.  Customer agrees to notify, as appropriate, any of its users of the Service who may place calls using Customers phone services. BULLSEYE TELECOM recommends Customer maintain an alternate means of accessing Emergency Services, such as traditional services or cellular phone services.

4. SPECIFIC NON-VOICE SERVICE REQUIREMENTS. Customer shall identify to BULLSEYE TELECOM any and all non-voice systems, including modem use (e.g. point of sale devices), facsimile and security systems, and any changes in the configuration of such systems during the term of this Agreement, as such systems may require special handling. Customer acknowledges that the Service may not be available for use with such systems, either initially or after a change in configuration, because the Service may not be equipped to function with such systems. Customer waives any claim against BULLSEYE TELECOM for the Service being unavailable for use with such systems, either initially or after a change in the configuration of such systems.

5. LOSS OF SERVICE DUE TO POWER FAILURE OR INTERNET SERVICE OUTAGE. Customer acknowledges and understands that the Service does not function in the event of a power failure. Should there be an interruption in the power supply, the Service will not function until power is restored and may require the Customer to reset or reconfigure the CPE, IP Phones or Other Equipment. Customer also acknowledges and understands that the service requires a fully functioning broadband connection to the Internet and that in the event of an outage the Service will not function until the Internet connection is restored.

6. INTERNET CONTENT. BULLSEYE TELECOM hereby WARNS Customer that a vast variety of Content is available on the networks to which the Services provide access. Some of this Content may be deemed shocking, distasteful, misleading, inaccurate or otherwise harmful to Customer and/or users. BULLSEYE TELECOM has no obligation to screen, edit, monitor or otherwise censor Content in any way. BULLSEYE TELECOM reserves the right in its sole discretion, but shall not be obligated, to remove from public view any Content incorporated on or through its Services. Customer hereby acknowledges BULLSEYE TELECOM has, and shall have, no liability for how the Services are used, what Content is posted or accessed, or what effects the Content may have on Customer and its users, or how they may interpret or use such Content. Customer agrees to hold BULLSEYE TELECOM harmless from all consequences of Customer posting, accessing or using Content, as well as claims resulting from Customer's access to the Services and their use.

7. IP ADDRESSES. BULLSEYE TELECOM will assign IP addresses based on the number of workstations / nodes and as they are needed and used by Customer. IP blocks are for Customer use only and it is understood that BULLSEYE TELECOM will not guarantee routing of any IPs of any user other than Customer, even if such IP address is part of a block assigned to Customer by BULLSEYE TELECOM. IP addresses are not portable. If Customer discontinues service with BULLSEYE TELECOM, Customer will need to obtain new IP addresses. BULLSEYE TELECOM will have no responsibility or liability for any actions or costs incurred by Customer in obtaining or reconfiguring its equipment with new IP addresses. BULLSEYE TELECOM reserves the right to restrict the number of IP addresses assigned to Customer pursuant to the Internet protocol and policies established by the American Registry for Internet Numbers.

8. INTERNET/BROADBAND ACCESS. The Services require Customer to purchase Internet access from BULLSEYE TELECOM and the Customer acknowledges this requirement and that this agreement modifies any pre-existing Internet Access services term to be coterminous with this agreement as the services are deemed codependent.

9. SPECIFIC SERVICES. The following provisions apply with respect to certain specific Services and only if Customer has ordered the Services identified:

9.1 TOLL FREE SERVICES. Customer is responsible for ALL usage on its toll-free numbers (including without limitation, charges for wrong number calls). Customer agrees to defend and indemnify BULLSEYE TELECOM from all claims related to Customer's usage of its toll-free numbers, except to the extent such claim arises from the gross negligence or willful misconduct of BULLSEYE TELECOM. To protect the integrity of its network, Customer agrees that BULLSEYE TELECOM may, without liability, block any toll-free number having usage surges or heavy traffic loads that BULLSEYE TELECOM determines may impact the provision of services to other customers. BULLSEYE TELECOM does not guarantee the availability of any requested toll-free number and is not bound by any verbal or preliminary confirmation to Customer of toll-free number availability. If, upon cancellation of its toll-free service, Customer does not submit a written request for the appointment of a new carrier for its toll-free numbers within thirty (30) days of such cancellation, then the number will be returned to the independent administrative agency for reassignment. If Customer subscribes to a toll-free number that is shared with another customer or is part of a bundled service, Customer may not transfer or port such toll-free number to another carrier and Customer agrees to give up use of the number when it changes its Service.

9.2 LOCAL SERVICES. These VoIP Services Terms and Conditions supplement any effective terms and conditions set out in the applicable Tariffs and the service price lists of the applicable BULLSEYE TELECOM local service provider for the Customer's local serving territory. Customer is responsible for local service directory and directory assistance listings. Customer acknowledges that BULLSEYE TELECOM will, as a service to the Customer, seek to arrange for listing of Customer's telephone number in the local telephone directory, such listing to consist of one line of standard type. Since the directory is published by a third party with no contractual relationship with BULLSEYE TELECOM, in the absence of its gross negligence or willful misconduct, BULLSEYE TELECOM will not be liable to Customer, or third party, for any claims, damages or otherwise, due to any omitted listings from, or erroneous listings in, the telephone directory. Customer agrees that Customer has the responsibility to contact its directory representative independently concerning any advertising in the directories. If Customer chooses to place an information services provider call or elects to make or receive calls via a carrier other than the BULLSEYE TELECOM or its affiliates, the Customer agrees that it shall be solely liable for such calls, and any or all charges related to such calls. This includes all charges initially billed to BULLSEYE TELECOM and charges directly billed to Customer by the other information provider or carrier, and any applicable rebilling charge, in addition to any governmental program or other governmental charges that may apply and charges for the Service provided by BULLSEYE TELECOM and its affiliate to the Customer.

9.3 INTERNET/BROADBAND ACCESS. Service options include T-1 or DSL offerings and are limited to BULLSEYE TELECOM market/coverage availability. The Service has a minimum bandwidth requirement of 384K. Service availability is subject to actual physical facility available and bandwidth availability. Service qualification and promise to provide service is contingent on BULLSEYE TELECOM's ability to physically provide broadband service adequate to provide Service to specified service location.

9.4 BULLSEYE TELECOM WEB PORTAL.  Customer is solely responsible for all features and services elected using the BULLSEYE TELECOM Web Portal and for all charges that may be associated with such features and services.  Customer’s use of the BULLSEYE TELECOM Web Portal is governed by the BULLSEYE TELECOM Data Services Terms and Conditions, which can be found at: http://www.bullseyetelecom.com/DataAgreement.aspx#7.4.  If Customer does not have access to the electronic version of the Data Services Terms and Conditions, a hard copy will be provided upon request.   

10. INDEMNIFICATION. Customer agrees to defend, indemnify and hold BULLSEYE TELECOM, its affiliates and its vendors harmless from any claims or damages relating to this Agreement, including any claims or damages arising out of 911 calling.

Statement of Service Responsibility- Data Services

At BULLSEYE TELECOM, we want to achieve the expectations we've set. Part of this commitment is ensuring that our customers understand the responsibilities associated with our products and services. Your Broadband consultant will walk through the detail of what responsibilities we have to you as well as the responsibilities that you control. Your signature on the Statement of Service Responsibilities let's us know that you understand the expectations we've set - and allows us to move forward to achieve them. BULLSEYE TELECOM Reference Points:

Customer Reference Points:

Local Access Service

Local Area Network Physical Connectivity

Inside Wiring

Computer Workstation and Server LAN Addresses

Customer Premise Equipment Installation

Computer Workstation and Server Software

Customer Premise Equipment Programming for Internet

Service:

Customer Premise Equipment Programming for BullsEye VoIP Service

Domain Name Services

Non-BULLSEYE TELECOM DNS Hosting

BULLSEYE TELECOM E-mail Hosting

Non-BULLSEYE TELECOM E-Mail Hosting

BULLSEYE TELECOM Web Site Hosting

Non-BULLSEYE TELECOM Web Site Hosting

Establishment of Internet and other network services is a complex and sophisticated undertaking that requires coordination of activities among a variety of service providers and organizations. A partial listing of parties that must get involved includes local access providers, DSL service providers, domain name registering service providers and a local area network administrator. Depending on conditions at your service locations, successful installation of services may also require extensive inside wiring and cabling, and software configuration services. It is BULLSEYE TELECOM's mission to provide the finest Internet and other wide area networking services available in the markets we service. It is the purpose of this document to define, in plain English, our direct service responsibilities and those areas in which we share responsibility for successful service installation with our customers and other service providers with whom they do business.

What BullsEye Telecom is Responsible for:

BULLSEYE TELECOM is responsible for the establishment of wide area network (WAN) services to the routers at your designated service locations. Wide area network service includes the ability to originate and receive traffic to and from the Internet, either directly or by means of a frame relay connection through your host business location, at each of your network service sites. Specific components of this responsibility include:

LOCAL ACCESS SERVICE

Coordination of local access services to each service location with all local access providers required for the services you have ordered. These service providers will include Regional Bell Operating Companies (such as, but not limited to, Ameritech), providers of digital subscriber line services and frame relay switching services providers that may be required to implement the kind of connection you have ordered. The fundamental test of connectivity between our network and your service sites is the ability to 'ping' your routers.

INSIDE WIRING

Except as noted below, inside wiring required to install your router at a service demarcation point established and agreed to at the time of our site survey of your designated service locations. Exceptions to this policy include cases in which it is apparent that the service installation point requires more than 100 feet of inside wiring, or requires construction or other extraordinary installation services that are beyond the customary scope of inside wiring services. We will establish at the time of the site survey whether inside wiring services are likely to be within the scope of our standard service offering, and if they are not, we will provide an estimate of feasibility, required effort and cost to extend service to the agreed-upon service demarcation point. If extraordinary inside wiring services are required, we will advise you on potential sources that can provide these services through direct contract with you. 

CUSTOMER PREMISE EQUIPMENT INSTALLATION

On-site installation of routers or any other network interface devices that may be required to establish connectivity to your designated service locations within our service areas. For locations outside our immediate service areas, we will either provide you with a third-party installation service at your cost or ship the router or other equipment to you for your installation.  You are solely responsible for installing and connecting any BULLSEYE TELECOM-provided IP-enabled access device, including but not limited to IP Phones and software enabled computing devices, to any interface (e.g., personal computers) required to allow connectivity to the BULLSEYE TELECOM router. To install such devices, you may need additional equipment that we do not provide.

CUSTOMER PREMISE EQUIPMENT PROGRAMMING FOR INTERNET SERVICES

Programming of routers or other interface devices with IP addresses required to establish wide area connectivity to the Internet and from your host network service location.

DOMAIN NAME SERVICES

If Domain Name Services (DNS) have been ordered, we will register a new domain name or effect the transfer of an existing domain name from an incumbent Internet service provider, as may be appropriate. BULLSEYE TELECOM, working with you, will determine whether it is most advantageous for BULLSEYE TELECOM to host the domain name based on the configuration of your services. If, for example, you have a web site hosted at another service provider's data center, we may require that that service provider host the domain. In any event, we will ensure that IP addresses are configured in such a way as to provide reliable access to your network services, including both your business location and any off-site hosted services you may have.

BULLSEYE TELECOM E-MAIL HOSTING

If BULLSEYE TELECOM is hosting your e-mail, we will ensure that each mailbox you order has a user name assigned, that it resides on one of our mail servers and that it is accessible under the appropriate domain name.

BULLSEYE TELECOM WEB SITE HOSTING

If BULLSEYE TELECOM is hosting your web site, we will ensure that you have the required space available on one of our web servers, that IP addressing is configured in such a way that your registered domain name resolves to your web site and that you have the capability, via FTP, to manage remotely the content of your web site.

What the Customer is Responsible for:

BULLSEYE TELECOM is committed to providing you with complete, high-quality data connectivity services, and we will work with you to ensure that you achieve the greatest use of the network services that we provide. That said, BULLSEYE TELECOM is not in a position to provide local area network (LAN) installation and maintenance services, and is not in a position to configure the software on the computers and other workstations on your network. It is advisable at the time of the installation of our WAN connectivity services, or shortly thereafter, that you have your designated LAN services integrator - whoever installed your LAN and configured your desktop software - on hand to ensure that the Internet services we provide to the router are accessible at each of your LAN workstations. Specific items you and/or your LAN integrator are responsible for include the following: 

LOCAL AREA NETWORK PHYSICAL CONNECTIVITY

Physical connection of your local area network from the router to which we provide WAN service to the workstations, servers and other addressable devices on your LAN. Your LAN may include hubs and internal switching devices that may require reconfiguration upon installation of our wide area network connection. In addition, you may want to extend your LAN to new locations at your business site requiring new cabling and other equipment. Our installation personnel are not trained and certified to provide these services.

COMPUTER WORKSTATION AND SERVER LAN ADDRESSES

Assignment of internal IP addressing required to establish connectivity among the workstations, servers and other addressable devices on your LAN. We will ensure that you or your LAN integrator are aware of the public IP addresses that we have assigned to your network; all private IP addresses to be assigned to the users of your LAN are the responsibility of you and your LAN service provider.

COMPUTER WORKSTATION AND SERVER SOFTWARE

Configuration of your desktop software to ensure service availability to the individual users of your LAN. Your LAN and/or software integrator will need to ensure that all browsers, e-mail clients, connection managers and other networking software on your individual workstations are configured properly to provide connectivity your network services.

CUSTOMER PREMISE EQUIPMENT ADDITIONS AND PROGRAMMING FOR BULLSEYE VOIP SERVICE

Additions to programming of PBX's, key systems or other interface devises for voice service (excluding those provided by BULLSEYE TELECOM) are the responsibility of the customer. BULLSEYE TELECOM reserves the right to begin circuit billing within two weeks of installation of the circuit and IAD if the final installation date is delayed for customer related reasons.   

E-MAIL HOSTING BY CUSTOMER OR OTHER SERVICE VENDOR

If BULLSEYE TELECOM does not host your e-mail, we are not responsible for the assignment and maintenance of user names to your individual e-mail accounts. That responsibility rests with your LAN integrator or network administrator if your e-mail is hosted on a server on your LAN, or with the service provider providing hosting services to you through a remote data center services, as appropriate.

WEB SITE HOSTING BY CUSTOMER OR OTHER VENDOR

If BULLSEYE TELECOM hosts your website, you, the customer, are responsible for maintaining adequate, accessible backup copies of all web page folders/files for changing and/or reposting web pages for any and all circumstances.

If BULLSEYE TELECOM does not host your web site, we are not responsible for the hosting of your domain name services (DNS) and the resolution of your domain name to the appropriate IP address. Please note: If your web site is hosted on a server on your LAN, we will host and resolve your DNS; but if your web site is hosted by another service provider at a remote data center, we will not host and resolve your DNS.

Please understand that our intention in defining the limitations of our responsibilities in providing data communications services is to ensure that we establish expectations with our customers at the outset of our relationship in such a way that we minimize the possibility of later misunderstanding. We provide the best wide area data communication services in the markets in which we operate, and we intend to continue doing so by focusing on those services that we know we can provide at high levels of customer satisfaction and economical cost. Although we want to service your communication needs as far as we possibly can, it does neither us nor our customers good for us to attempt to provide services for which we are not trained and qualified. In those cases in which services beyond the scope of our installation procedures are required to ensure your satisfactory use of our network services, we will be glad to work with you to identify third party vendors who can provide those services.

DEDICATED INTERNET ACCESS SERVICE LEVEL AGREEMENT

PERFORMANCE GUARANTEED.

At BULLSEYE TELECOM, we back up our promises with the industry’s strongest guarantee of performance and reliability. In fact, BULLSEYE TELECOM provides one of the only Service Level Agreements (SLA) in the industry that guarantees minimal packet latency and packet loss over the Internet. And we guarantee 100% network availability. If our network is ever not performing as promised or you lose connectivity as defined below, you are entitled to receive a credit. It’s just another way that BULLSEYE TELECOM demonstrates its commitment to complete customer satisfaction.

BullsEye Telecom Internet Access and Frame Relay Guarantees 100% Network Availability. BULLSEYE TELECOM guarantees that the BULLSEYE TELECOM network will always be available. You will receive a credit of one (1) days service of your monthly recurring connectivity charges for every service impacting network outage. If you incur eight (8) or more consecutive hours of downtime in any given month, you have the option to cancel your service contract with thirty (30) days written notice and no early termination penalty.

Minimal Packet Latency. BULLSEYE TELECOM guarantees an average monthly Internet latency of less than 85 milliseconds within the BULLSEYE TELECOM network. Latency is measured between the BullsEye network and the rest of the Internet as represented by over 100 popular Web sites on various other national Internet providers’ networks. You will be entitled to a credit of one (1) days service of your monthly recurring connectivity charges in which BULLSEYE TELECOM’s average Internet latency exceeds 85 milliseconds.

Minimal Packet Loss. Using the same measurement methodology as for our latency SLA, BULLSEYE TELECOM guarantees an average monthly Internet packet loss of less than five (5) percent. You will be entitled to a credit of one (1) days service of your monthly recurring connectivity charges in which BULLSEYE TELECOM’s average Internet packet loss exceeds five (5) percent.

Proactive Customer Notification. BULLSEYE TELECOM guarantees 24 hours a day, 7 days a week that you will be notified of any network outage resulting in downtime. You will be entitled to one (1) days credit of your monthly recurring connectivity charges for any month in which BULLSEYE TELECOM does not notify you of a service-affecting outage, provided that the e-mail address and telephone number provided to BULLSEYE TELECOM are current.

On-Time Installation. BULLSEYE TELECOM guarantees new service installation by the quoted activation date provided, contingent only on the availability of facilities from your service location to your serving local exchange carrier’s central office. If BULLSEYE TELECOM does not meet the respective installation interval listed below, you are entitled to the following:

ACCESS:

T1

DSL

SuiteReach

COMMITMENT:

30 business days from the receipt of a completed order

30 business days from the receipt of a completed order

10 business days from the receipt of a completed order

(Once facilities have been installed in your building)

CREDIT:

Credit for one full month of service

Credit for one full month of service

Credit for one full month of service

BULLSEYE TELECOM
FUSION ANYWHERE SERVICES TERMS AND CONDITIONS

1. BASIC AGREEMENT. These Fusion Anywhere Services Terms and Conditions apply to any and all Fusion Anywhere Services ordered by Customer ('Service') and supersede any inconsistent BULLSEYE TELECOM terms and conditions set forth in the Master Service Agreement.  For purposes of these Fusion Anywhere Services Terms and Conditions, 'Agreement' shall have the definition given in the Master Service Agreement.

2. SERVICE DESCRIPTION. BULLSEYE TELECOM Fusion Anywhere Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol ('IP') and carried, in part, over high-speed Internet access, also known as broadband Internet service. This service may be generically referred to as 'voice over IP'. It is separate and distinct from standard BULLSEYE TELECOM Local, Local Toll and Long-Distance services. 'Service' or 'Services' includes direct-dialed Voice over IP calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, and which BULLSEYE TELECOM, in its sole discretion, may add, modify, or delete from time to time.

3. SERVICE DISTINCTIONS. The Service is provided on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, your underlying broadband service. Other things may affect Service, such as maintenance. BULLSEYE TELECOM will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

4. SERVICE REQUIREMENTS. BULLSEYE TELECOM Fusion Anywhere Service requires: (a) specialized customer premises equipment called a telephone adapter ('TA' or 'ATA Equipment') obtained through BULLSEYE TELECOM or a third party that allows connectivity from a regular telephone handset (which you need to supply) to your broadband connection and which you are responsible for installing yourself pursuant to instructions provided to you by BULLSEYE TELECOM and (b) a broadband connection via cable modem (2-way cable), DSL or fiber with broadband capability of at least 90 Kbps upstream and downstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct TA configuration, BULLSEYE TELECOM does not guarantee that the Service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.

5. RECOMMENDED SERVICE PARAMETERS.  BULLSEYE TELECOM Fusion Anywhere Service will provide optimal (but not guaranteed) service quality to any number of simultaneous calls, provided each call has a minimum of 90Kbps of upstream and downstream Internet bandwidth available for the duration of each call.

6. REGISTRATION OF PHYSICAL LOCATION REQUIRED. For each phone number that you use for the Service, you must register with BULLSEYE TELECOM the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service.  For purposes of the 911 Dialing feature, you may only register one location for use with the Service.

7. CONFIRMATION OF ACTIVATION REQUIRED. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.

8. SERVICE OUTAGES.
8.1. SERVICE OUTAGES DUE TO POWER FAILURE OR DISRUPTION. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.

8.2. SERVICE OUTAGES DUE TO INTERNET OUTAGE OR SUSPENSION OR TERMINATION OF BROADBAND SERVICE OR ISP SERVICE. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.

8.3. SERVICE OUTAGE DUE TO TERMINATION OF YOUR BULLSEYE TELECOM ACCOUNT. Service outages due to termination of your account will prevent all Service, including 911 Dialing, from functioning.

8.4. SERVICE OUTAGES DUE TO ISP OR BROADBAND PROVIDER BLOCKING OF PORTS OR OTHER ACTS. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that BULLSEYE TELECOM is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing, which may result. In the event you lose Service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.

8.5. OTHER SERVICE OUTAGES. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

9. NETWORK CONGESTION; REDUCED SPEED FOR ROUTING OR ANSWERING 911 DIALING CALLS. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

10. DISCLAIMER OF LIABILITY AND INDEMNIFICATION. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither BULLSEYE TELECOM nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless BULLSEYE TELECOM, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

11. ALTERNATE 911 ARRANGEMENTS. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.

12. INCOMPATIBILITY WITH OTHER SERVICES.
12.1 FAX AND SECURITY SYSTEMS. The Service may not be compatible with fax and security systems. You may be required to maintain a telephone connection in order to use any fax or alarm monitoring functions for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.

12.2. CERTAIN BROADBAND AND CABLE MODEM SERVICES. You acknowledge that there may be some broadband services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.