These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement made by you (“User” or “You”) and American Rural Fiber. BY ACCESSING OR USING ANY PART OF RURALFIBER.COM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE RURALFIBER.COM. These Terms are subject to change by ruralfiber.com any time. Your use of ruralfiber.com after such changes are implemented constitutes your acceptance if the changes. Please consult the Terms regularly. 1. User Generated Content (a) User will not post material on or to ruralfiber.com that is obscene, lewd, violent, harassing, or otherwise objectionable. User will be respectful of other users. Objectionable material may be removed in the sole discretion of ruralfiber.com (b) User will not use ruralfiber.com for any illegal purpose. (c) User will not assist a third party in using ruralfiber.com for any activity which is illegal or prohibited by the Terms. 2. Privacy Policy You agree to comply with the terms of ruralfiber.com’s Privacy Policy, which is incorporated by reference into these Terms. 3. Linking You may create a hyperlink to ruralfiber.com provided that neither you nor the link portrays ruralfiber.com or any of its products or services in a false or disparaging manner or suggests sponsorship by, affiliation with, or endorsement by ruralfiber.com. You may not use the American Rural Fiber logo without express written permission. 4. Indemnification User agrees to hold American Rural Fiber and its employees, representatives, agents, attorneys, affiliates, directs, officers, managers and shareholders (the “Indemnified Parties”) harmless for any damage, loss, cost, or expense—including attorney’s fees—incurred in connection with any third-party claim, demand, or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you or (ii) arising from, related to, or connected with your uses of ruralfiber.com. American Rural Fiber may in in sole discretion control the disposition of any such claim at User’s sole cost and expense. 5. Force Majeure American Rural Fiber will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control. Such occurrences include, but are not limited to, labor disturbances, internet outages, communications outages, failure by a service provider to ruralfiber.com, fire, terrorism, natural disaster, or war. 6. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS (a) DISCLAIMER OR WARRANTIES: THE INFORMATION AND MATERIALS CONTAINED ON RURALFIBER.COM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. AMERICAN RURAL FIBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION AND FUNCTIONALITY CONTAINED IN RURALFIBER.COM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AMERICAN RURAL FIBER DOES NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR AVAILABILITY OF RURALFIBER.COM OR THE INFORMATION OR RESULTS OBTAINED FROM USE OF RURALFIBER.COM, OR THAT RURALFIBER.COM IS VIRUS-FREE OR ERROR-FREE. (b) LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMERICAN RURAL FIBER OR ANY OF ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER TO ANY PERSON FOR ANY DIRECT OR INDIRECT LOSS, LIABILITY, COST, CLAIM, EXPENSE OR DAMAGE OF ANY KIND, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE USE OF ALL OR PART OF THESE WEB PAGES, EVEN IF RURALFIBER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. 7. Waiver of Class Action Rights By entering into these Terms, User hereby irrevocably waives any right to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be asserted individually. 8. Arbitration (a) All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Texas or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. (b) Notwithstanding the foregoing, American Rural Fiber will have the right to seek injunctive or other equitable relief in the state and federal courts located in Texas to enforce these Terms or prevent an infringement of a third party’s rights. 9. Logo RuralFiber.com, the American Rural Fiber logo, and American Rural Fiber are service marks and/or trademarks of American Rural Fiber. These marks cannot be used without the express written permission of American Rural Fiber. 12. Integration These Terms contain the entire understanding of the User and American Rural Fiber regarding its subject matter. These Terms supersede all prior agreements and understandings between us on this subject matter. 15. Copyright Notice All content on ruralfiber.com is subject to copyright, other intellectual property rights, or other protection. PRIVACY POLICY We will collect no personal information about you when you visit our website unless you choose to provide that information to us. Your Permission By electronically providing feedback, requesting information, or contacting us, you agree to allow us to collect and process information as described in this Privacy Statement. Any personal information, such as your name, postal and e-mail address, or telephone number, will be kept private and confidential. We may use this information to inform you of our products and services. No Computer Tracking of Identifiable Information When you visit our site to view any pages, you do so without telling us who you are and without revealing any personal information. You are free to browse our site without entering any personal information and therefore remain anonymous during your visit. While we do not collect identifying information about visitors to our site, we do use standard software to automatically collect the following information about your visit for the strict purpose of tracking activity on our site: • The Internet domain and IP address from which you access our website; • The type of browser and operating system used to access our site; • The date and time you access our site; and, • The pages you visit; and if you linked to our site from another website, the address of that website. This information does not identify you personally, and we do not track or record information about individuals and their visits. Information Collected from E-mails and Web Forms If you fill out one of our feedback or request forms or send us email, you are transmitting information about yourself in the form or the message. This will typically include information like your name, email address, the kind of request you are making, and any other information necessary to fulfill your request. This information is used by us for the purpose of fulfilling the request or for contacting you directly and is not given or sold to any other organization. Your feedback may be used to administer or improve or promote the site, but we will not publish your name in association with any information you provide without contacting you and gaining your permission. Opt-In/Opt-Out When you make a request for information, the information you submit will be entered into our internal stakeholder database. If at any time you choose not to be listed in our database, you may opt-out by sending an e-mail to info@ruralfiber.com and asking that your name be removed from the stakeholder database. No Release of Information to Third Parties Your personal information will not be released to third parties except as necessary to further the purpose for which you provide the information and where it is legally required, such as in the investigation of a criminal offense, and in compliance with a search warrant or subpoena. Anti-Spam Statement From time to time you may receive emails from us. You may unsubscribe through links in every mailing or by sending an email to info@ruralfiber.com. We reserve the right to change our privacy policy. A revised policy statement will only apply to data collected subsequent to its effective date. Any revisions will be posted at least 30 days prior to its effective date.