CenturyLink^® Connected Voice Subscriber Agreement

Connected Voice Subscriber Agreement PDF

July 7, 2025

This CenturyLink® Connected Voice subscriber agreement together with the materials referenced herein ("Agreement") is between CenturyLink and the end user of the Service, Software, and/or Equipment described below ("you," "your" or "Customer" or "Subscriber"). Please review the Agreement carefully; it governs your use and our provision of the Service, Software, and/or Equipment.

Your enrollment in, activation of, use of, or payment for Service, Software, and/or Equipment constitutes your acceptance of this Agreement, and you represent that you are of legal age to enter into this Agreement and are bound by it. You should read this Agreement in its entirety, but even if you choose not to read it, its disclosures, terms and conditions will be legally binding upon you. If you do not accept this Agreement, do not use the Service, Software, and/or Equipment and notify CenturyLink immediately to cancel and return all Equipment supplied by CenturyLink by and return all Equipment supplied by CenturyLink by calling the CenturyLink phone number on your bill or through these websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts).

BELOW ARE IMPORTANT PROVISIONS IN THIS AGREEMENT THAT AFFECT YOUR RIGHTS:

• SECTION 2(B) EXPLAINS 911 DIALING CANNOT BE GUARANTEED. CENTURYLINK RECOMMENDS THAT YOU ALWAYS HAVE SOME ALTERNATIVE MEANS OF ACCESSING 911 SERVICES FROM THE SUBSCRIBER LOCATION.
  
  
• SECTION 10(c) CONTAINS YOUR CONSENT FOR CENTURYLINK TO SEND TEXT MESSAGES TO MOBILE PHONE NUMBERS YOU HAVE PROVIDED, SEND YOU EMAILS, AND PLACE PHONE CALLS TO YOU, INCLUDING THROUGH AUTOMATED TELEPHONE DIALING EQUIPMENT OR ARTIFICIAL OR PRERECORDED VOICE MESSAGES, ABOUT THE FOLLOWING: MARKETING OFFERS OR ADVERTISING CONTENT OR INFORMATION ABOUT SERVICES AND YOUR ACCOUNT, INCLUDING INFORMATION ABOUT INSTALLATIONS, APPOINTMENTS, REPAIRS, AND COLLECTIONS.
  
  
• SECTIONS 13 AND 14 CONTAIN LIMITATIONS ON CENTURYLINK'S LIABILITIES AND WARRANTIES, INCLUDING LIMITATIONS ON THE DAMAGES YOU MAY RECOVER FROM CENTURYLINK FOR ISSUES YOU MAY ENCOUNTER WITH YOUR SERVICE, SOFTWARE, AND/OR EQUIPMENT.
  
  
  
• SECTION 16 CONTAINS MANDATORY DISPUTE RESOLUTION PROCEDURES. THESE PROCEDURES LIMIT THE AMOUNT OF TIME YOU HAVE TO RAISE ANY DISPUTE WITH CENTURYLINK OR FILE ANY LAWSUIT AGAINST CENTURYLINK AND CONTAIN PRE-LAWSUIT DISPUTE RESOLUTION REQUIREMENTS THAT MUST BE MET BEFORE FILING ANY LEGAL ACTION. THESE PROCEDURES ALSO REQUIRE THAT ANY LAWSUIT OR CLAIM BE PURSUED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS OR COLLECTIVE ACTION, AND BE RESOLVED BY A JUDGE, NOT BY A JURY.
  
  

CENTURYLINK STRONGLY ENCOURAGES YOU TO READ YOUR BILL OR PAYMENT RECEIPT EACH MONTH.

• All service, software, and equipment is provided to you at the amounts shown on your bill or payment receipt. If you have any questions about your bill or any charge on your bill or payment receipt, please contact CenturyLink by using the phone number on your bill or the links above. We will work with you to make sure you understand every aspect of your bill or payment receipt and try to resolve any issue or dispute you might have.
   

• We may include important messages related to your service or changes to the agreements between you and CenturyLink in your CenturyLink online portal used to coordinate your Service (the "Account Portal"), the body of your bill or payment receipt, or as a link within your bill or payment receipt. It is your responsibility to read and understand these messages.

CenturyLink does not guarantee Service and strongly encourages you to take steps to prevent losses from issues you may encounter with your Service, Software, and/or Equipment. CenturyLink highly recommends against using your Service, Software, and/or Equipment in any manner that may cause you to suffer damage or loss of any kind should your Service, Software, and/or Equipment become unavailable or suffer from performance issues. For example, if you use your Service, Software, and/or Equipment for any business or commercial purpose, CenturyLink urges you to consider obtaining business interruption insurance to cover the risk of business or commercial losses.

1. Definitions

"AUP" means the Acceptable Use Policy posted online, including all future revisions.

"CenturyLink" (also "we," "us," or "our") is a tradename referring to the affiliates of Lumen Technologies, Inc. that provide you the Service, Software, and/or Equipment. Lumen Technologies, Inc. does not provide Service, Software, or Equipment.

"Enterprise Class" means any CenturyLink customer (a) billed more than $500 in MRCs for Service, Software, or Equipment, or (b) with 10 or more employees using the Service, Software, or Equipment.

"Equipment" means any network interface device, antenna, wireless receiver, the gateway, modem, pod, tower, router, adapters, and/or other equipment for use with the Services. Except for Equipment you have purchased from CenturyLink as defined in this Agreement, or other equipment you provided or purchased, separately from another party or provided (to the extent permitted by CenturyLink), CenturyLink owns the Equipment regardless of who installed the Equipment. Equipment is designed to be compatible only with Services and will not work with other services. Any monthly rental payments, periodic use payments, or similar arrangements related to any Equipment between you and CenturyLink are not purchases of Equipment.

"Force Majeure Event" means an unforeseeable event beyond the reasonable control of a party, including without limitation: acts of God; fire; flood; epidemics, pandemics, or outbreaks of communicable diseases; quarantines; national or regional emergencies; labor strike or unrest; sabotage; cable cuts; acts of terror; power shortage or power failure, e.g., rolling blackouts; material shortages or unavailability or other delay in delivery not resulting from CenturyLink's failure to timely place orders therefore; lack of or delay in transportation; government codes, laws, regulations, ordinances, rules, or restrictions; war or civil disorder; or failures of suppliers of goods and services.

"Late Charge" is a fee of up to the maximum amount allowed by law that is assessed each month in which any portion of the payment is not received by or immediately available to CenturyLink by the due date.

"MRCs" means monthly recurring charges.

"NRCs" means non-recurring, one-time charges.

"Payment Services" means CenturyLink electronic and online methods you use to view and pay such invoices to CenturyLink, including, but not limited to, the following: bank draft, credit/debit/charge card,  MyCenturyLink, your Account Portal, AutoPay, eBilling, Quick Bill Pay, and payments you make through interactive voice response systems or through websites associated with or linked from CenturyLink websites, which may change at any time in CenturyLink’s sole discretion with prior written notice to you.
 

"Service" or "Services" means voice services and associated value-added services you receive from us pursuant to this Agreement, including, but not limited to CenturyLink Connected Voice service, additional services described in the Service Description Section below, and related CenturyLink installation, repair, support, and provisioning. "Service" or "Services" when used in the Service Description Section below refers to the specific service or services being described

"Subscriber Location" means physical location at which you tell CenturyLink to deliver the Service.

"Taxes" means foreign, federal, state and local taxes, tariffs, duties, other similar charges, and any other imposition or tax-like charges that may be imposed, that governmental entities or agencies may pass on to you, or require us to collect from you, or that governmental authorities collect or require us to collect from you in support of programs, funds, or third parties, regardless of whether applicable law assessed them on you or us. In some jurisdictions, certain Taxes are included in the MRC pursuant to applicable state or local law. CenturyLink collects payment from you from Taxes and CenturyLink remits what is collected to suchapplicable governmental entities or agencies, or quasi-governmental authorities. Taxes may be subject to change or increase as required by law or regulation without written notice to you.

2. Service Description

(a) Service

Service is a voice service; but it is provided via either an Internet connection (i.e. Voice over Internet Protocol (VoIP)) delivered at a required minimum speed connection or a wireless cellular data transmission, to deliver two-way voice communications to you. For the Service to work, you must also have required compatible Software, and Equipment. You must purchase the Internet connection or wireless cellular data transmission from CenturyLink or receive an alternative connection only as approved and/or required by CenturyLink in writing. CenturyLink will provide or make available to you Software and Equipment needed for the Service at the Subscriber Location. Any Equipment that you use with the Service must be leased, purchased, or otherwise provided from CenturyLink or otherwise pre-approved by CenturyLink. Some features, functions, and/or devices like faxes or alarm systems, may be supported but are not guaranteed and can vary based on your Service connection type. You agree that Service using wireless cellular data transmission depends on a wireless signal, which can vary or may have limitations, and that placement of Equipment using this access method will function better when placed near a window or outside wall. Please note that the Service will not work if power is lost, disconnected or not available for any reason. You may want to have an alternative means of communication available to you in your home.

(b) 911 Services

(i) Connection and Limits

Because the Service works using Internet or wireless cellular data connections, calling 911 is different from what you might be used to with your traditional voice service. With the Service, 911 dialing is not guaranteed for reasons described below. If 911 dialing does not work, your safety and the safety of others who use the Service could be affected For this reason, CenturyLink recommends that you always have some alternative means of accessing 911 services from the Subscriber Location.

(A) Your Location Information is Critical to Successful 911 Calling. FEDERAL LAW MAKES IT YOUR RESPONSIBILITY TO BE SURE THAT CENTURYLINK ALWAYS HAS YOUR CURRENT PHYSICAL LOCATION INFORMATION (YOUR "SUBSCRIBER LOCATION INFORMATION"), AND YOU NEED TO GET CONFIRMATION FROM CENTURYLINK WHEN YOU CHANGE THAT INFORMATION. YOU SHOULD TELL ANYONE YOU LET USE THE SERVICE OR EQUIPMENT THAT 911 DIALING IS LINKED TO THE SUBSCRIBER LOCATION CENTURYLINK HAS ON FILE. IF YOU MOVE YOUR EQUIPMENT AND DIAL 911 WITHOUT TELLING CENTURYLINK OF YOUR MOVE, 911 CALLS COULD BE SENT TO THE WRONG EMERGENCY SERVICE PROVIDER.
 

(B) Dialing 911 Following Your Initial Service Activation. 911 dialing will work immediately after you activate the Service. After we have successfully processed your Subscriber Location Information into CenturyLink's 911 databases, CenturyLink will notify you of that fact at the email address you have provided. After that email notification, 911-dialed calls should generally automatically connect you to a 911 Emergency Service Provider. If the 911 activation is rejected or your Subscriber Location Information fails for any reason, you will be notified by email and you should either not move your Subscriber Location or have an alternative means of accessing 911 services.
 

(C) Your 911 Subscriber Location Information. With the Service, your Subscriber Location will be registered as your physical location for purposes of 911 dialing (your "911 Subscriber Location"), and CenturyLink will include that address in CenturyLink's 911 databases automatically at the time you order the Service. If you move your Equipment using the Service, you agree to let CenturyLink know in writing before you make the move, even if the move is only temporary (for example, whether for a few hours or a longer duration). The easiest way to do this will be through the Account Portal.

(D) Confirmation of 911 Subscriber Location If Moving.
 

(1) You agree that you will not move your Service for any reason at any time until you receive confirmation from CenturyLink accepting your proposed address change. CenturyLink will confirm – or may reject -- your request to change your 911 Subscriber Location Information. You should check the Account Portal (or other communications method CenturyLink tells you about) to receive our confirmation or rejection.
 

(2) 911 CALLING WILL NOT WORK PROPERLY IF YOU MOVE BEFORE YOU UPDATE YOUR ADDRESS INFORMATION WITH YOUR NEW 911 SUBSCRIBER LOCATION AND RECEIVE CONFIRMATION FROM CENTURYLINK. IF YOU MOVE YOUR LOCATION BEFORE THAT, YOUR 911-DIALED CALL WILL GO TO THE EMERGENCY PROVIDER WHO TAKES CALLS FOR YOUR "OLD" SUBSCRIBER LOCATION. IF THIS HAPPENS, YOU WILL HAVE NO EMERGENCY ASSISTANCE IN WHAT MIGHT BE A SERIOUS HEALTH OR LIFE EMERGENCY.

E) 911 SERVICES WILL NOT WORK IF:

(1) you have no electrical power for the Service or electrical power is lost or unavailable;
 

(2) your Internet or wireless cellular data connection fails or is disabled or becomes degraded (which would include situations where you fail to meet our required connection speeds); or are unable to capture and retain a qualifying, sufficient cellular connection);
 

(3) you attempt to use the Service from outside the contiguous United States (the Service is not available in Alaska and Hawaii);
 

(4) your Equipment malfunctions because it was not installed or connected correctly or because it is affected by normal service life limitations; or
 

(5) your Service is disconnected for any reason.

(F) No Privacy Rights When Making 911 Calls. You agree that you have no privacy rights when CenturyLink transmits information about you in connection with a 911-dialed call, including your phone number, name, or address, even if these are not published in directories.
 

(G) General Information and Guidance on 911 Calling.

(1) Labels. CenturyLink can provide labels that tell you that 911 calling with the Service may have limitations. CenturyLink recommends you place these labels on or near your phone or any device using the Service so others are aware of these limitations as well.
 

(2) Information You Should Provide To 911 Emergency Service Providers. CenturyLink recommends that when you dial 911 you state your name, phone number, current location, and the nature of your emergency to 911 Emergency Service Providers. This is helpful in case your call is dropped or disconnected, or because your phone number and location may not always be available to the person receiving the 911 call.

(ii) Required Notice to be Given by Business Subscribers.

This specific subsection applies to all Subscribers who use the Service for business purposes. You must notify all end users of the Service of the limitations on access to 911 calling described in this Section 2; and that access to 911 emergency service and the appropriate 911 Emergency Service Provider is only available at the location that CenturyLink has on record for that end user. CenturyLink will provide notices and/or labels that will indicate that 911 service has limited availability and functionality when used with the Service, and CenturyLink recommends that the labels be placed on or end users' Equipment. Additionally, when your end users use a soft phone with the Service, a 911 warning will appear on the soft phone device. The end user must click on the display to acknowledge the warning. You should direct your end users to the following URL to review these 911 Emergency Service limitations: www.centurylink.com/aboutus/legal/911-service-limitations. By accepting the Service, you acknowledge that CenturyLink has advised your business of the 911 limitation associated with the Service, you understand this information, you accept the Service with these limitations, and you will notify all of your end users of these limitations.

(c) Connectivity

Service requires an Internet connection that meets the minimum speeds that CenturyLink describes to you or a qualifying, sufficient wireless cellular data connection, and Software and Equipment that is compatible with the Service.

(d) Failures or Events Affecting the Service

Service, including 911 services, will not operate if any of the following occur: power for the Service is lost, disconnected, or unavailable; (including a lack of power to or for Equipment); Equipment, Software, or the Service malfunctions, is unavailable, or is improperly installed, configured or altered; or the Service’s connection to the Internet or its wireless cellular data transmission is lost, disabled, degraded, or fails to meet the minimum speed requirements. CenturyLink cannot guarantee that the Service, Software, or Equipment will be continuous or error-free.

(e) Unsupported Calls

Service does not support certain dialing features or patterns, including 0+ dialing (that could include attempts to call collect, to do third-party billing, or calling-card calls). Service fully supports 3-digit dialing including 211, 311, 711 ("Telecommunications Relay Service" or "TRS"), 911, 411, and 988.

(f) Additional Information Regarding Service Provisioning

(i) Telecommunications Relay Service.

TRS is accessible with the Service by dialing 711, or using the toll-free number listed in your telephone directory. TRS is a free service for subscribers who are deaf, hard of hearing or have speech disabilities. These connections can sometimes be done through standard telephone equipment but sometimes require specially designed equipment.

(ii) Value-Added Services.

CenturyLink may have services that we believe can add value to or enhance your Service. Such services may be offered at no charge, may require an additional NRC, or an additional MRC. CenturyLink may decide to stop making these value-added services available at any time, and we will not necessarily give you prior notice of our decision. If the value-added service involves a charge, CenturyLink will stop billing you that charge.

3. Equipment

Separately purchased or leased equipment is required to use the Service.

(a) CenturyLink-Provided Equipment

(i) Leased Equipment

Equipment leased from CenturyLink ("Leased Equipment") is our property and you may not assign, rent, or transfer Leased Equipment or your rights or duties under this Agreement to another without our prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the Leased Equipment, including using Leased Equipment with equipment electrically or mechanically incompatible with, or of inferior quality to, it. You agree if Leased Equipment is damaged by you and/or non-operational or malfunctioning for reasons other than a manufacturing defect at any time during the term of this Agreement or upon termination of this Agreement, we may charge you for its full retail cost (the "Equipment Charge"). We do not refund or credit leases, so please contact us at Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts) if your Leased Equipment is not working properly. Replacement Leased Equipment may or may not be the same model and/or could be refurbished. If you used the Leased Equipment, you are required to return your Leased Equipment according to the return policy and procedure outlined in Section 12. Lease payments are due for every month you lease Leased Equipment and lease payments do not count towards a purchase of Leased Equipment.

(ii) Purchased Equipment.

You will be deemed the owner of purchased Equipment you buy from CenturyLink ("Purchased Equipment"), and bear all risk of loss of, theft of, casualty to or damage to the Purchased Equipment, from the time it is received by you until the time (if any) when it is returned by you pursuant to this Agreement and has been received by us. If Purchased Equipment is inoperable when you initially receive it from us following your purchase, please contact us at Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). If CenturyLink deems Purchased Equipment has a manufacturing defect, the Limited Warranty (set forth in Section 14) will apply if it has not expired. If Purchased Equipment fails as a result of a manufacturing defect after the Limited Warranty has expired or fails for any other reason you may request that we deliver replacement Purchased Equipment. Any such replacement Purchased Equipment will be charged to you at our then-current rates, plus shipping and handling and any applicable Taxes. Replacement Purchased Equipment may or may not be the same model and/or could be refurbished. “Refurbished” means Equipment restored to a like-new condition after being returned to us or our third-party vendor due to an identified issue. “New” means Equipment that is unopened and unused at the time of shipping, delivery or installation.

(iii) Delivery and Installation of Equipment.

Equipment may be delivered to you only in the continental United States. You agree that you are responsible for self-installing the Equipment once you receive it unless you select a technician installation from CenturyLink, which may require you to pay an additional charge. As required, you will provide us with reasonable access to your premises for technician installation of Equipment.

(iv) Copyright Software.

If, in connection with your Service, you are purchasing Equipment, you should be aware that the Equipment may contain copyrighted software that is licensed under the General Public License (GPL) and/or other open source licenses. To determine whether your Equipment contains open source software, see this page. Copies of these licenses are available at this link. You may also obtain the complete corresponding source code from us for a period of three years after our last shipment of this product at the same location. This offer is valid to anyone in receipt of this information.

(b) Customer-Provided Equipment

If you do not purchase or lease Equipment from CenturyLink you agree and acknowledge that CENTURYLINK, ITS AFFILIATES, SUPPLIERS, AND/OR AGENTS WILL NOT BE RESPONSIBLE/LIABLE IF YOU CANNOT ACCESS YOUR SERVICE, IF SERVICE DOES NOT FUNCTION CORRECTLY OR AT ALL, OR IF CUSTOMER-PROVIDED EQUIPMENT, SOFTWARE, PERIPHERALS, OR DATA, (COLLECTIVELY, "CUSTOMER-PROVIDED EQUIPMENT)  IS DAMAGED. YOU WILL BE LIABLE TO CENTURYLINK FOR DAMAGE TO ANY LEASED EQUIPMENT INCLUDING DAMAGE CAUSED BY OR RELATED TO CUSTOMER-PROVIDED EQUIPMENT. The foregoing limitation of liability is in addition to and will not limit any other limitation of liability set forth in this Agreement.

4. Changes to Service or this Agreement

To the extent allowed and effective under applicable law, CenturyLink may:

(a) Effective Upon Posting

Effective upon posting to www.centurylink.com/aboutus/legal or upon any written notice to you, including email and messages on your bill or payment receipt or in your Account Portal, change this Agreement in a way that does not directly result in a material and adverse economic impact to you. Please check such website, your email regularly, your bill or payment receipt, and your Account Portal for any changes.

(b) Effective Upon 30 Days Written Notice

Effective upon 30 days written notice to you, including email and messages on or with your bill or payment receipt or in your Account Portal:

(i) increase MRCs and/or NRCs,

(ii) change the Service, Software, Equipment, and/or this Agreement in a way that directly results in a material and adverse economic impact to you,

(iii) stop offering the Service, Software, and/or Equipment, and/or

(iv) change the Dispute Resolution provision (Section 16).

CenturyLink may reduce the foregoing notice period if such increase is based upon any regulation and/or ruling, including modifications thereto, by any regulatory agency, legislative body, or court of competent jurisdiction.

(c) Your Continued Use

If your Service, Software, Equipment, or this Agreement are changed as outlined in Section 4(a) above and you disagree with the changes, you must cancel the Services immediately upon posting or any notice to you. If your Services or this Agreement are changed as outlined in Section 4(b) above and you disagree with the changes, you must cancel the Services prior to the effective date of the changes. Your continued use of the Service, Software, and/or Equipment after the applicable posting or notice period constitutes acceptance of any changes. If you later conclude you no longer agree to the terms of your Service, you must immediately stop using the Service, Software, and/or Equipment and terminate your Service. The Term and Termination provision below describes how you can terminate your Service. Any changes you make or other terms you add to this Agreement, or propose in any other documents, written or electronic, are void.

5. Third-party Services, Software and Equipment

Purchase, rental, use, or subscription to any third-party services, software, or equipment offered by or through CenturyLink is subject to the third-party provider's terms and CenturyLink is not responsible or liable for any such services, software, or equipment.

6. Software

(a) Software

Use of the Service may require or enable you to download or otherwise install or use certain software that is owned by CenturyLink or by third parties (the "Software"). By installing the Software and using the Services or using Equipment with embedded Software you are agreeing to abide by all of the terms and conditions of this Agreement that relate to the Software, including without limitation the terms and conditions of this Section.

(b) License

If the Software is accompanied by an end user license agreement ("EULA"), your use of the Software is governed by the terms of that agreement and by the terms of this Agreement where applicable. You must accept and agree to the terms of the EULA before installing the Software and using the Service. If the Software is not accompanied by a EULA, CenturyLink grants you a limited, personal, revocable, nonexclusive, nontransferable, non-assignable license to install and use the Software for purposes of using the Service and/or Equipment. The license is effective upon the earlier of delivery or installation and extends only to your own use of such Software and only on the designated Equipment or with the designated Service.

(c) No Modification

You may not modify the Software in any way or change or delete any copyrights, trademarks, service marks or other proprietary rights or notices of CenturyLink or a third-party that appear or are used in connection with the Software or the Service. You agree that the Software is the confidential and proprietary property of its owner and may not be disclosed or reproduced unless specifically authorized by CenturyLink or the third-party licensor or supplier. In addition, you agree that you will not de-compile, disassemble, reverse engineer or otherwise reduce the Software to a human readable form.

(d) Ownership

You acknowledge that CenturyLink or the third-party licensor or supplier of the Software, as applicable, own all right, title, and interest, including without limitation all copyright, patent, trademark, and trade secret rights in the Software and related documentation, updates, and upgrades. You are not granted any ownership rights in the Software and may not sublicense, loan, rent, lease, distribute, share, or otherwise transfer the Software to anyone else.

(e) No Export

The Software may be used only in the United States and any export of the Software is strictly prohibited.

(f) Updates, Upgrades, or Changes

CenturyLink may update, upgrade or change the Software and related settings on your computer from time to time. You agree to cooperate with CenturyLink in performing such activities. A program downloaded to your computer when Service is installed will perform automatic updates to certain Service-related Software on a regular basis. This program may collect certain information necessary to perform this function. Any information collected as part of this process will be treated in accordance with our Privacy Notice. You may choose to turn off the automatic updates function. If you order a new Service from CenturyLink at a later date, and the automatic updates feature has been turned off, you may be prompted at that time to update Software currently on your computer before the new Software can be downloaded.

(g) Termination

CenturyLink may discontinue provision of the Software for any reason, including without limitation if CenturyLink's agreement with a software vendor is terminated. Additionally, for certain third-party vendors Software will no longer be functional if:

(i) you or your End Users discontinue subscribing to the vendor product for which the Software was provided or to CenturyLink's Service;

(ii) this Agreement is terminated for any reason whatsoever; or

(iii) when your prepaid term for Service under this Agreement expires and you have not purchased a new term.

Upon termination of your Service or CenturyLink notice to you of discontinuance of the Software offering for any reason, you must immediately stop using the Software associated with the terminated Service and destroy any copies you may have and delete it from your computer.

(h) Federal Procurements

This section applies to all acquisitions of the Software by or for the Federal Government or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, or other transaction with the Federal Government which calls for delivery or use of the Software by the Federal Government. By accepting delivery of the Software under any such contract, grant, cooperative agreement, or as part of any such transaction, the Federal Government agrees that the Software qualifies as commercial computer software and that the associated documentation qualifies as commercial computer software documentation within the meaning of the acquisition regulations and contract clauses applicable to this procurement. The terms and conditions of this Agreement are fully applicable to the Federal Government's use and disclosure of the Software and documentation and will supersede any conflicting terms or conditions. No license of any kind is granted in the case of acquisitions which contain or are subject to the clauses FAR 52-227.19 COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS (JUNE 1987) or any other clause which purports to grant to the Federal Government rights greater than, or additional to, those set forth in this Agreement, or which purports to impose additional requirements upon us to make the Agreement effective, unless we specifically consent by separate written agreement. Please contact us for Software manufacturer information.

7. Service Conditions

The following conditions apply to the Service. CenturyLink may, without giving you any advance notice, suspend, terminate, or limit use of your Service if you violate any of these conditions.

(a) Limits on Use

You agree not to use the Service in any way, for a business or for any commercial purpose if your Service is a residential service, or in a way that impacts CenturyLink network resources or CenturyLink's ability to provide services. You agree not to use the Service for high volume or excessive use or in a way that impacts CenturyLink network resources or CenturyLink's ability to provide services. CenturyLink considers "high volume" or "excessive use" to be more than 5,000 voice minutes per month. Service may only be used at the Subscriber Location for which Service is provisioned by CenturyLink.

You agree not to:

(i) offer public information services (unlimited usage or otherwise), or

(ii) permit more than one Internet log-on session to be active at one time, except if using a roaming account when traveling, in which case 2 sessions may be active.

A log-on session represents an active connection to your Internet access provider. The active session may be shared to connect multiple computers/devices within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment complex) to your Equipment to access the Service (including the establishment of a wireless fidelity ("WiFi") hotspot), but the Service may only be used at the single home or office location or single unit within a multiple dwelling unit for which Service is provisioned by CenturyLink. You may not use a WiFi hotspot in violation of this Agreement or in a way that circumvents our ability to provide Service to another customer (e.g., you cannot use a WiFi hotspot to provide Service outside your single home or office location or outside your single unit within a multiple dwelling unit and you cannot resell Service provided over a WiFi hotspot). You will not be in violation of this Agreement by allowing Service access to authorized employees, contractors, or permitted users (i.e., the customers of the establishment or hotel/motel guests and patrons). You may not use more than one IP address for each log on session unless an advanced service allocating you more than one IP address has been purchased. Service may only be used in the continental United States. It is the customers' responsibility to secure computers, servers, Equipment, and Customer-Provided Equipment to avoid the opportunity of becoming exploited.

CenturyLink may restrict your use of or interrupt the Service without notice for:

(i) maintenance activities;

(ii) equipment, network, or facility upgrades or modifications; and

(iii) to ensure acceptable service levels to all CenturyLink customers.

CenturyLink is not responsible or liable for any Service deficiencies or interruptions caused by such events. You agree not to use wireless cellular data transmission to access the Internet (including using Equipment to do so or assist with such access).

(b) No Resale, Distribution, Transfer, or Assignment

You agree not to resell or distribute, transfer or assign this Agreement and/or the Service via any means including but not limited to wireless technology, except with CenturyLink's prior consent and according to CenturyLink's policies and procedures; provided that you may establish a WiFi hotspot as provided above, but may not resell Service provided over the WiFi hotspot. This Agreement is intended solely for you and it will not benefit or be enforceable by any other person or entity.

(c) Assignment by CenturyLink

CenturyLink may assign this Agreement and your rights and obligations under this Agreement, in whole or in part, at any time without notice to you and you agree to make all subsequent payments as directed. If CenturyLink does that, CenturyLink has no further obligations to you.

(d) Authorized Use

You:

(i) are responsible for maintaining the confidentiality of passwords used with the Service,

(ii) are responsible for all use of your Services and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account, and:

(iii) will ensure that all use of the Service complies with this Agreement. You are responsible for unauthorized and non-compliant use of the Service and for maintaining a strong and confidential wireless network password.

Service may be used in a wireless network environment at your own risk. Wireless networking devices use public radio channels to transmit voice and data communications. CenturyLink cannot guarantee the security, privacy, or confidentiality of any transmissions made via such devices, and CenturyLink makes no assurances or warranties relating to their use by you. You are responsible for all use of your Service regardless of the source of a transmission, whether by you, or an authorized or unauthorized third-party, over your Service. You agree that CenturyLink, in our sole discretion, may place restrictions on use of your Services, and immediately disrupt, suspend, or terminate your Services without notice for violations, suspected violations, or to prevent violations of this Agreement.

(e) Compliance

The Service cannot be used for any unlawful, abusive, or fraudulent purpose, including without limitation, using the Service in a way that:

(i) interferes with CenturyLink's ability to provide service to CenturyLink customers,

(ii) avoids your obligation to pay for services,

(iii) constitutes a criminal offense,

(iv) gives rise to a civil liability, or

(v) otherwise violates any law, order, ordinance, governmental requirement or regulation or this Agreement.

(f) Monitoring and Testing the Service

CenturyLink may, but is not obligated to, monitor the Service for various purposes, including but not limited to verifying AUP compliance and for usage statistics that may be used for marketing purposes. You are responsible for monitoring your accounts for access to newsgroups, social media, mobile applications, and Websites that may contain improper material. You must not design or provide systems used for the collection of information about others without their express knowledge and consent. CenturyLink may also test Service for maintenance purposes to detect and/or clear trouble.

(g) Intellectual Property Rights

Unless otherwise expressly provided in this Agreement, all aspects of the Service are the property of CenturyLink and are protected by trademark, copyright or other intellectual property laws and international treaty provisions. CenturyLink grants you a personal, revocable, limited, nonexclusive, nontransferable, non-assignable right and license to use the Service in accordance with the terms and conditions of this Agreement. No other license or rights are granted by CenturyLink or will be implied or arise by estoppels, with respect to any Service.

8. Installation, Maintenance, and Support

(a) You agree that CenturyLink may use existing wiring at your Subscriber Location or may alter such wiring as necessary. You agree to make available separate electrical sources, circuits, and power with suitable outlets at your Subscriber Location to support your Service, and you are responsible to make sure all electrical connections are properly grounded. You agree to pay all costs for electricians, electrical work, or wiring work, if required.

(b) Depending on the offer or plan you select, you may have the option to choose between on-site installation for a charge or self-installation for no charge. Charges also may apply for installation, certain maintenance, trouble isolation, support services and if a technician is dispatched. Charges may be per technician, may vary depending on when services are performed (e.g., time of day and weekday, holiday or weekend), and may include a minimum charge regardless of the actual number of hours worked. CenturyLink will notify you of any applicable charges in advance of you incurring such charges. If you report trouble, you must pay a dispatch charge if the trouble is not found in CenturyLink facilities (no charge if CenturyLink later finds the trouble was in CenturyLink facilities) or Equipment, or is found in Customer-Provided Equipment. A dispatch charge also applies if: (i) you request a service date change but fail to notify CenturyLink before the service date and our technician is dispatched on the service date (will have to pay dispatch charge and CenturyLink will change the service date) or (ii) our technician dispatched for maintenance of service and no trouble is found in CenturyLink facilities (applies each time this happens). Any requested repairs to your facilities or equipment are not included in the dispatch fee and will be charged on a time and materials basis. If a technician must enter your premises for any reason, an adult 18 years of age or older must be present.

9. Acceptable Use Policy; Website User Agreement

All use of the Service is subject to, and you agree to comply with the Acceptable Use Policy ("AUP"). CenturyLink may immediately terminate or suspend any account which CenturyLink believes is violating the AUP and hold you liable for CenturyLink's actual damages in any way arising from, or related to, AUP violations. In addition to the AUP, you agree to comply with the Website User Agreement, as posted to www.centurylink.com/aboutus/legal/website-user-agreement, and with the following rules:

(a) Abusive Behavior

Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact.

(b) Privacy

Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without the written consent of the individual to which the information relates. Do not cooperate in or facilitate identity theft.

(c) Intellectual Property

Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate the works of authorship of any other person or entity without the written permission of the copyright holder.

Nothing in this section requires CenturyLink to take action against any user that violates this section, the AUP, or Website User Agreement, but CenturyLink is free to do so if it sees fit.

10. Privacy

(a) By using Services, you acknowledge the Privacy Notice posted at www.centurylink.com/aboutus/legal/privacy-notice. This notice describes how CenturyLink handles and protects your information, including customer proprietary network information, and how we market and communication with you. The Privacy Notice may change from time to time without notice to you.

(b) CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information of Customer's clients, which may include group health plans, that constitutes Protected Health Information ("PHI"), as defined in 45 CFR § 164.501 under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Rules"). Any exposure to PHI shall be random, infrequent and incidental to CenturyLink's provision of Service and is not meant for the purpose of accessing, managing, creating, or manipulating the PHI. Such exposure is allowable under 45 CFR  § 164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules, or supports the health care industry, CenturyLink and Customer agree that CenturyLink is not a "Business Associate" or "Covered Entity" under the HIPAA Rules for the purposes of this Agreement.

(c) You agree that CenturyLink and its partners, agents, and contractors may send you emails at the addresses you have provided, place phone calls and send text messages to the phone numbers you have provided, or use automated telephone dialing equipment or artificial and prerecorded voice messages to contact you by phone or text messages in connection with the following: marketing offers or advertising content about Services or other CenturyLink-provided services or information about Services, your CenturyLink account, or other CenturyLink-provided services which may include messages and calls related to installations, appointments, repairs, or collections. For phone calls and text messages, you agree that CenturyLink may contact you at any phone numbers you have provided or will provide in the future, including wireless or mobile phone numbers. You agree that standard per minute and text message charges apply for phone calls or text messages to wireless or mobile phone numbers. You also consent to the text message terms at https://www.centurylink.com/home/help/account/sms-terms-and-conditions.html. You may revoke this express written consent by contacting CenturyLink at Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts), or by expressly opting-out on our Marketing Preferences website, or by opting-out via a direct response to such email, phone call, or text message. You agree that this express written consent is not a condition of purchase.

11. Rates and Charges; Payment

(a) Rates and Charges

All Service and Equipment is provided to you at the amounts shown on your bill or payment receipt. If you believe the amounts shown on your bill or payment receipt differ from the amounts disclosed to you during the ordering process as reflected in your order confirmation or master service agreement, please immediately contact CenturyLink customer service at the phone number on your bill or via the methods at the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts), or review in your Account Portal.

You are responsible for any charges associated with the Service, Software, and Equipment, including without limitation Equipment purchase and/or lease charges, monthly Service charges, any applicable usage charges, and charges related to installation or activation, construction, maintenance, delivery, shipping and handling, changes to Service, billing, service provisioning, Taxes, fees, surcharges, and other charges. Also, certain additional features and applications may be provided as part of the Service and additional charges may apply. We may impose fees, surcharges, or additional charges to recover costs related to the Service, costs we incur in association with providing the Service, Software, and/or Equipment, costs we incur related to billing the Service to you, and/or amounts assessed to us by third parties, including direct and indirect tariffs and duties on imports, associated expenses or related to our provision of Service or Equipment to you. These fees, surcharges, or additional charges are not Taxes and are not required by law but are set by CenturyLink and may change. Other than promotional MRCs, plans with MRCs that don't change, and MRCs offered with a term commitment, your MRCs for Service, Leased Equipment, Taxes, fees, surcharges, duties, or additional charges are not guaranteed and may increase during the period in which you subscribe to Service. In the event we offer the ability to pay any of the charges in installment payments over time ("Installment Option"), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who pay the total charge(s) in one payment.

You will not be eligible for any discounts or promotional offers other than those you qualify for at the time you order qualifying Service and/or Equipment, unless the discount or promotional offer specifically states that existing customers are eligible and in that instance, you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Service or disconnect and reconnect Service may not be eligible for promotional pricing available to new customers. You may only take advantage of one special pricing promotion per Service per account during any twelve-month period.

If you qualify for a local, state, or federal accessibility or cost-reduction program, including but not limited to Federal Communications Commission benefit programs, the MRCs, NRCs, and any program-specific discounts, credits, or other reductions in charges or monthly rates resulting from the programs for eligible Service or Equipment will remain applicable so long as the program remains active and you continue to meet all program and CenturyLink requirements. You must also keep program-eligible Service or Equipment active and your CenturyLink account must remain in good standing. These programs may be terminated or discontinued by the applicable local, state, or federal agency charged with operating them or as the result of action or inaction by a government or governmental agency or entity. If you choose to continue receiving Service or Equipment after one of these programs ends for any reason, you are no longer eligible under the program, or you choose to leave the program or CenturyLink removes you from the program, all program discounts, credits, or other payment reductions will end and applicable MRCs and NRCs for Service or Equipment will increase to the then-current rates, which may be different from the rates assessed to you prior to your qualification and/or enrollment in the programs.

(b) Payment

(i) Prepayment of Charges

For Service that is prepaid each month, you must set up automatic, monthly recurring payments for your Service and Equipment (if applicable) via a credit card, debit card, bank account, Apple Pay, PayPal, or other payment method accepted and approved by CenturyLink, which may vary or change during your term of Service. All charges, including MRCs, NRCs, charges for additional value-added services, Taxes, applicable fees or surcharges, will be charged to your chosen payment method on file in advance. Service will begin on the day it's installed and will automatically renew each month after the installation date. All payments must be made in U.S. currency. When you use Payment Services, you agree to comply with applicable agreements and terms and conditions associated with Payment Services, including the CenturyLink Electronic and Online Payment Terms and Conditions (Payment Agreement) as posted to www.centurylink.com/aboutus/legal and policies on websites associated with or linked from www.centurylink.com.

(ii) Postpayment of Charges. For Service that is postpaid each month, you will be billed all charges monthly with MRCs, NRCs, charges for additional value-added services, Taxes, and applicable fees or surcharges billed in advance and usage charges billed in arrears. Your first invoice covers both the partial month of Service and other charges, including any Equipment charges, from the date your Service is activated up to the first day of your first full month of Service, and your first full month of Service and other charges, including any Equipment charges. Depending on your location, discounts and promotions may not apply during the partial month of Service. However, you still will receive all applicable Service discounts and promotions for the entire promotional period. You will pay all billed charges by the due date set forth in your billing statement, as well as any Late Charge. All payments must be made in U.S. currency in a form acceptable to CenturyLink, When you use Payment Services, you agree to comply with applicable agreements and terms and conditions associated with Payment Services, including the CenturyLink Electronic and Online Payment Terms and Conditions (Payment Agreement) as posted to http://www.centurylink.com/Pages/AboutUs/Legal and policies on websites associated with or linked from www.centurylink.com.

(iii) Messages on or with your Bill or Payment Receipt. CenturyLink may include important messages related to your Service, changes to this Agreement, or as required by state and federal authorities on or with the bill or payment receipt or in your Account Portal. It is your responsibility to read and understand these messages.

(iv) Declined Payments. If your prepayment method is declined, your Service will be suspended after 3 days. Once you update your prepayment method with us, we will reactivate your Service. For prepaid Service, the day we reactivate your Service will be your new payment date going forward.

(v) Account Information; Account Security; Authorized Users.

(A) You will provide all information necessary for us to provide and bill for the Service, Software, and/or Equipment. You affirm that the information you supply to us is correct and complete, and you will promptly notify us whenever your personal or billing information changes. understandIf you do not receive an electronic notification of your monthly invoice or are otherwise unable to view your invoice electronically or online for any reason, you are still required to make your payment on time. In such situations, you are responsible for obtaining your account balance by contacting CenturyLink via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). You agree that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service.

(B) You are solely and fully responsible and liable for all activities that occur under your CenturyLink account, password, user ID, credit card/debit card/account numbers, or bank or financial institution information, (including bank account and routing information), including all activities related to Payment Services. You agree to immediately notify us if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of your CenturyLink account, password, user ID, credit card/debit card/charge card information or numbers, or bank or financial institution information, (including bank account and routing information), provided to us by contacting our customer service. You also agree to periodically change your passwords.

(C) You authorize us to provide information about and to make changes to your CenturyLink account, including changes within Payment Services, upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access Payment Services on your behalf, such as through the Internet. You acknowledge this risk as inherent to the nature of the Payment Services and you agree to take adequate security precautions to safeguard your data.

(vi) Payment Information

(A) Another Company or Financial Institution. If you arrange for payment using Payment Services through another company or financial institution, you will be subject to that company's or financial institution's terms and conditions and you agree that you are responsible for any charges you may incur from the financial institution in order to make such online payments and that CenturyLink will not be responsible or liable for any loss or damage caused or created by that company or financial institution. In the event that any amount on a third party site does not match the same amount presented at your Account Portal, on your CenturyLink bill or payment receipt, CenturyLink's listed amount is deemed to be the accurate amount.

(B) Credit Card Policies. Regarding payments made by credit card, we reserve the right to only accept certain card providers and may modify the list of such providers, including no longer accepting any credit card payments of any kind from any card providers, at any time without prior notice to you. If you provide us your credit card information, you authorize us to automatically charge your provided credit card for all charges on your account on the applicable billing due date shown on your billing statement, to the extent possible. No chargebacks are available or permitted.

(C) Partial Payment. Partial payments are acceptable for a postpaid account, however CenturyLink's acceptance of such payments is not to be construed as an acceptable payment arrangement that automatically extends your Service beyond the normal disconnect date. CenturyLink's acceptance of late or partial payments (even those marked, "PAID IN FULL") and Late Charges will not constitute a waiver of any of CenturyLink's rights to collect the full amount due. If you are unable to pay an invoice in full for a postpaid account prior to the due date, please contact CenturyLink using the phone number on your bill or through these websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts).

(D) Service Suspension; Collections; Other Restrictions. CenturyLink may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your payment method is declined or dishonored, or returned for insufficient funds or any other reason. Additionally, you may be subject to Service suspension or account termination at our discretion if your payment method is declined or dishonored for any reason. You will be informed of such action if required by law. If we use a collection agency or initiate any legal action to recover amounts due, you agree to reimburse us for all expenses we incur to recover such amount or pay all such costs and expenses associated with such collections efforts, including attorneys' fees. You will be charged a Late Charge on any amounts withheld that are undisputed or ultimately determined to have been correctly charged. You will not pay for the Services (as defined above), or any related services you may purchase, with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate us to provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in this Agreement or in an Amendment to this Agreement. We reserve the right to terminate access to Payment Services for any account at any time.

(E) Effect on Paper Invoices. You may view and pay your invoices from us through Payment Services. Certain CenturyLink offers or promotions may require you to enroll in specified Payment Services as a condition to receiving such offer or promotion. Your failure to enroll or maintain enrollment in the required Payment Services may affect the amounts at which we provide you Service or Equipment. Certain Payment Services send an email notification to you each month when your new invoice is available for review. However, if you are unable to view your invoice electronically or online for any reason, you are still required to make your payment on time. In such situations, you are responsible for obtaining an invoice copy and/or account balance by contacting CenturyLink via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service, (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). To the extent permitted by applicable law, we reserve the right to cease providing you a paper invoice for postpaid accounts via U.S. postal service, including ceasing to provide you a paper invoice once you elect to use or enroll in a Payment Service on a recurring basis. In such instances, you will no longer receive a paper invoice from us. We also reserve the right to assess additional charges to you if you choose to receive a paper invoice mailed to you regardless of whether you are enrolled in a Payment Service, request copies of prior invoices, or are enrolled in a Payment Service but request that we provide you with a paper invoice on either a one-time or continuing basis.

(vii) Disputes

If you have any questions about your invoice or dispute a charge on your invoice, please contact CenturyLink customer service before the due date at the phone number on your bill or through these websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). The charges will continue unless you inform CenturyLink promptly of any dispute and it determines that any charges were incorrect. IF YOU ARE UNABLE TO RESOLVE YOUR DISPUTE AFTER CONTACTING US, YOU MUST FOLLOW THE DISPUTE RESOLUTION PROCEDURES DESCRIBED IN SECTION 16 OF THIS AGREEMENT.

(viii) Postpayment Deposit

We may reasonably modify the payment terms or require other assurance of payment, including for a deposit if you choose to postpay for Service, based on your payment history, lack of established credit, or a material and adverse change in your financial condition. Refunded deposit amounts will be credited to your account and any credit balance will be refunded. If you make a cash deposit, you will receive interest at the rate required in the state you receive Service, Equipment, or Software from the date we received the deposit until the date we refunded the deposit. If you receive Service, Equipment and/or Software in a state that does not require us to pay interest on deposits, we will not pay any interest on such deposits.

12. Term and Termination

(a) Month-to-Month Term

Unless otherwise specified herein, Service is offered on a monthly basis for a term that begins on the date your Service order is completed, ends on the last day of the billing cycle during which you placed the order for Service, and automatically renews monthly.

(b) Termination

You may terminate this Agreement and your use of the Services at any time and for any reason by contacting following the instructions in your Account Portal or at the following websites Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). YOU CANNOT TERMINATE YOUR SERVICE BY E-MAIL. If prepaid Services are terminated by you or CenturyLink for any reason on any day other than the last day of your applicable prepaid billing cycle, your prepayment for that month of Services and Leased Equipment will not be prorated or refunded and your Services will continue to be available through the end of the applicable billing cycle. For all other Service customers, if Service is terminated by you or CenturyLink prior to the end of a monthly term, you will be required to pay a prorated amount, if applicable in your state, of the MRCs for the month and the full amount for any NRCs or other charges for the month and any accrued but unpaid amounts related to Service and Equipment through the effective date of termination. CenturyLink may terminate this Agreement, your password, your account, and/or your use of the Service, without notice and for any reason, including, without limitation, if you fail to pay any charges when due or if CenturyLink believes you or someone using your account has violated this Agreement. CenturyLink may, but is not obligated to, send notice of any violations to you before termination. When an account has been terminated or suspended, the reactivation of the old account or the acquisition of a new account will only be allowed by the express approval of CenturyLink and is subject to applicable charges.

(c) Return of Leased Equipment

After you notify CenturyLink of your intent to terminate Service, you must promptly return your Leased Equipment to CenturyLink within 30 days after termination. After receiving your intent to terminate Service, CenturyLink will send an email with a link to print a shipping return label to return the Leased Equipment to CenturyLink or you may print a shipping return label yourself at www.centurylink.com/returnmodem. CenturyLink will, at its option, either: (1) charge your payment method on file (including preauthorized credit card or bank account withdrawal) an amount up to the Equipment Charge if we do not receive the Equipment within 30 days after termination; (2) charge your payment method on file (including preauthorized credit card or bank withdrawal) an amount up to the Equipment Charge upon termination and credit you back for such charge ONLY if CenturyLink receives your Equipment within 30 days following termination; or (3) continue to charge your payment method on file (including pre for the Equipment until CenturyLink receives the Equipment.

(d) Deletion of Data Upon Termination

Upon termination of your Service, we may immediately delete all data, files, and other information stored in or for your account or on your Website without notice.

13. Limitation of Liability

THE LIMITATIONS OF LIABILITY IN THIS SECTION 13 APPLY REGARDLESS OF THE CAUSE OR LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), EXCEPT AS TO A PARTY WHOSE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE CAUSED YOUR DAMAGES OR LOSSES. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, THE LIMITATION(S) NOT PERMITTED SHALL BE REDUCED OR MODIFIED TO THE MAXIMUM LIMITATION ALLOWED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION ALSO ARE SUBJECT TO SECTION 16(b)(ii).

(a) YOU ASSUME TOTAL RESPONSIBILITY FOR USE, RESULTS OF USE, AND PERFORMANCE OF THE SERVICE, SOFTWARE, EQUIPMENT, THE INTERNET, AND WIRELESS CELLULAR DATA TRANSMISSIONS, AND ACCESS THE SAME AT YOUR OWN RISK. CENTURYLINK EXERCISES NO CONTROL OVER AND DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT CREATED OR ACCESSIBLE USING THE SERVICE, SOFTWARE, OR EQUIPMENT AND FOR ACTIONS TAKEN ON THE INTERNET OR ON WIRELESS CELLULAR DATA NETWORKS. CENTURYLINK RECOMMENDS YOU DO NOT USE THE SERVICE IN HIGH RISK ACTIVITIES WHERE AN ERROR COULD CAUSE ANY DAMAGE OR INJURY.

(b) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IF SERVICE CHANGES REQUIRE EQUIPMENT CHANGES, DEGRADE EQUIPMENT PERFORMANCE OR SERVICE PERFORMANCE WITH THE EQUIPMENT, OR MAKE EQUIPMENT OBSOLETE.

(c) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF OTHER PROVIDERS, INCLUDING BUT NOT LIMITED TO PROVIDERS OF WIRELESS CELLULAR DATA NETWORKS. ADDITIONALLY, IF PART OF THE SERVICE IS PROVIDED BY A THIRD-PARTY, INCLUDING BUT NOT LIMITED TO WIRELESS CELLULAR DATA TRANSMISSIONS, CENTURYLINK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DEFICIENCIES IN OR LACK OF SERVICE RESULTING FROM AN ACT OR OMISSION OF THE THIRD PARTY, AND YOU SHOULD SEEK RELIEF FROM ANY SUCH THIRD-PARTY.

(d) Payment Services

(i) PAYMENT SERVICES UTILIZE, IN WHOLE OR IN PART, OTHER PROVIDERS AND THE PUBLIC INTERNET AND NETWORKS TO TRANSMIT BILL OR PAYMENT RECEIPT INFORMATION AND YOUR ACCOUNT AND PAYMENT INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT CENTURYLINK CANNOT GUARANTEE THAT PAYMENT SERVICES ARE COMPLETELY SECURE. THERE IS A RISK THAT THIRD PARTIES MAY ATTEMPT TO ACCESS PAYMENT SERVICES ON YOUR BEHALF OR ATTEMPT TO OBTAIN INFORMATION AND DATA RELATED TO PAYMENT SERVICES, INCLUDING ACCOUNT AND PAYMENT INFORMATION. YOU ACKNOWLEDGE THIS RISK AS INHERENT TO THE NATURE OF THE PAYMENT SERVICES AND YOU AGREE TO TAKE ADEQUATE SECURITY PRECAUTIONS TO SAFEGUARD YOUR INFORMATION AND DATA.

(ii) CENTURYLINK DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ACTS AND OMISSIONS OF YOU, OTHER PROVIDERS, OR THIRD PARTIES IN CONNECTION WITH PAYMENT SERVICES. EXAMPLES OF THE FOREGOING LIMITATION INCLUDE THAT CENTURYLINK HAS NO LIABILITY IF:

(A) YOU PROVIDE INCORRECT OR ERRONEOUS ACCOUNT OR PAYMENT INFORMATION;

(B) YOU FAIL TO UPDATE YOUR ACCOUNT OR PAYMENT INFORMATION;

(C) YOUR FINANCIAL INSTITUTION OR CREDIT CARD PROVIDER SHOWING THAT YOUR DESIGNATED ACCOUNT HAS INSUFFICIENT FUNDS OR CREDIT AVAILABILITY;

(D) WE ARE PROHIBITED BY LAW OR COURT ORDER FROM WITHDRAWING PAYMENT FROM YOUR ACCOUNT;

(E) THE ACCOUNT FROM WHICH PAYMENT IS TO BE MADE IS CLOSED, FROZEN, OR OTHERWISE UNAVAILABLE;

(F) ANY PART OF THE ELECTRONIC FUNDS TRANSFER SYSTEM OR CREDIT CARD/DEBIT CARD PROCESSING SYSTEM IS NOT WORKING PROPERLY AT ANY TIME, INCLUDING WHEN YOU ARE ATTEMPTING TO USE PAYMENT SERVICES TO PAY AMOUNTS YOU OWE CENTURYLINK; OR

(G) THERE ARE ANY DELAYS OR FAILURES IN THE PERFORMANCE OF PAYMENT SERVICES OR ANY INTERRUPTIONS ARISING FROM ANY CAUSE OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL.

(iii) ACCOUNTS CREDITED WITH A PAYMENT THAT IS SUBSEQUENTLY RETURNED FOR ANY REASON BY YOUR FINANCIAL INSTITUTION OR CREDIT CARD PROVIDER, INCLUDING BUT NOT LIMITED TO INSUFFICIENT FUNDS, ACCOUNT CLOSED OR INVALID ACCOUNT NUMBER, ARE DEBITED FOR THE AMOUNT OF THE ORIGINAL PAYMENT AND ALL APPLICABLE RETURNED CHECK CHARGES OR OTHER, SIMILAR CHARGES. YOUR CENTURYLINK ACCOUNT MAY ALSO BE TEMPORARILY SUSPENDED IMMEDIATELY UPON OUR RECEIPT OF THE DENIAL OF PAYMENT OR RETURNED CHECK AND REMAIN SUSPENDED UNTIL PAYMENT IS RECEIVED VIA A CASH TRANSACTION, E.G., CASH, CASHIER'S CHECK, OR MONEY ORDER.

(iv) CENTURYLINK DOES NOT GUARANTEE THAT PAYMENT SERVICES WILL BE AVAILABLE AT ALL TIMES OR WITHOUT DELAY; YOU REMAIN RESPONSIBLE FOR PAYMENT REGARDLESS OF THE AVAILABILITY OF PAYMENT SERVICES. If you are unable to view your bill or  payment receipt electronically or online for any reason, contact CenturyLink Customer service by calling the phone number on your bill or through these websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts).

(e) AS PART OF PROVIDING SERVICE, CENTURYLINK MAY ACCESS YOUR PREMISES, COMPUTER HARDWARE AND SOFTWARE, AND YOUR NETWORKING AND HIGH-SPEED INTERNET-RELATED OR WIRELESS CELLULAR DATA-RELATED EQUIPMENT. CENTURYLINK DOES NOT REPRESENT OR WARRANT THAT THE TECHNICIANS DOING SUCH WORK HAVE ANY SPECIAL EXPERTISE REGARDING YOUR COMPUTER OR SUCH EQUIPMENT.

(f) THE LIABILITY OF CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS IS FURTHER LIMITED AS FOLLOWS:

(i) FOR EQUIPMENT-RELATED CLAIMS, YOUR SOLE REMEDY IS THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IN SECTION 14;

(ii) FOR CLAIMS RELATED TO DAMAGES OR LOSSES TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY, AND WRONGFUL DEATH, CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER;

(iii) FOR CLAIMS RELATED TO ANY LOSS OR LACK OF PRIVACY AS TO, USE OR MISUSE OF, THEFT OF, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, INFORMATION, OR DATA, INCLUDING ANY ACCOUNT OR PAYMENT INFORMATION, CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS SHALL HAVE NO LIABILITY WHATSOEVER;

(iv) FOR ALL OTHER CLAIMS, INCLUDING CLAIMS RELATING TO OR ARISING OUT OF THE SALE OF SERVICE, YOUR USE OF THE SERVICE, AND CENTURYLINK'S BILLING FOR THE SERVICE, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO CENTURYLINK IN THE SIX MONTHS PRIOR TO NOTIFYING US OF YOUR DISPUTE. IF YOU GIVE NOTICE OF A DISPUTE AFTER TERMINATING SERVICE, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO CENTURYLINK DURING THE LAST SIX MONTHS BEFORE TERMINATING SERVICE; AND

(v) REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE, CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF BUSINESS, LOST OR IMPUTED PROFITS OR REVENUES, LOSS OF INFORMATION OR DATA, DIMUNITION IN VALUE, COSTS OF COVER, INTERRUPTED SERVICE, OR RELIANCE UPON THE SOFTWARE AND/OR ASSOCIATED DOCUMENTATION) ARISING OUT OF OR RELATED TO THIS AGREEMENT, SERVICE, SOFTWARE, OR EQUIPMENT.

(g) CENTURYLINK, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER IF SUCH DELAY OR FAILURE IS CAUSED BY A FORCE MAJEURE EVENT OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.

14. Warranty

(a) Limited Warranty for Equipment

Please be advised that if you are purchasing Equipment it may be new conditioned or Refurbished and is accompanied by a Limited Warranty, including coverage for malfunctions or manufacturing defects in accordance with this section. CenturyLink extends a Limited Warranty to the original lessor or purchaser (you) for the Equipment. The terms of the Limited Warranty are set out below (the "Limited Warranty") and are part of this Agreement. A copy of the Limited Warranty is also available upon request from CenturyLink at no charge. Nothing in this Agreement will be deemed to alter the terms of the Limited Warranty. THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IS THE ONLY REMEDY AVAILABLE WITH RESPECT TO THE EQUIPMENT, WHETHER ARISING UNDER THE LIMITED WARRANTY, UNDER A LEGALLY EFFECTIVE IMPLIED WARRANTY OR OTHERWISE.

LIMITED WARRANTY

(i) The Equipment is warranted by CenturyLink to the person originally purchasing or leasing the Equipment, and no others, to be free of manufacturing defects: (A) during the term of the Equipment lease, only (for Equipment leased from CenturyLink); (B) for a period of one year from the date of any new Equipment, and (C) for a period of two years from the date of any Refurbished Equipment purchase (collectively, the "Warranty Term"). Equipment you purchase may be eligible for additional warranty coverage from the manufacturer of that Equipment and you should review the materials included with that Equipment or contact the Equipment manufacturer for further information.

(ii) This Limited warranty covers only the basic operations of the equipment, and CenturyLink does not warrant the compatibility of the Equipment with any computer, operating system, or networking equipment, nor does this Limited Warranty cover any defect present in any computer, network, operating, or other system. If the Equipment malfunctions due to a manufacturing defect before the Warranty Term expires, CenturyLink will replace or repair it, at its option, without charge, so long as (A) you notify us by contacting us as set forth in Section 14(a)(vi) below, report that the Equipment's basic operations are not functioning properly, and cooperate with the CenturyLink representative to evaluate the circumstances; (B) the date you so notify us is within the Warranty Term specified above; and (C) you promptly return the Equipment according to the procedure specified in Section 12(c), if CenturyLink requires you to return the Equipment. CenturyLink will: (1) replace or repair the Equipment, at its option, and return the replacement or repaired Equipment to you, within thirty (30) days after you comply with (A) through (C), above; (2) provide you with an expedited option whereby we will send you a replacement Equipment promptly after you comply with (A) and (B); provided that, prior to sending you such replacement Equipment, we may charge you, via a bank account, credit card, or debit card that we accept or other means CenturyLink chooses, for the full retail cost of the replacement Equipment ("Advance Charge"). If you return your defective Equipment to us according to procedure specified in Section 12(c), if CenturyLink requires you to return the Equipment, and we receive your defective Equipment on or before the 30th day after you request a replacement Equipment pursuant to this Limited Warranty, we will credit back the Advance Charge to the same payment method to which the Advance Charge was applied or to your monthly service bill; or (3) such other option that you and CenturyLink may agree to. No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty.

(iii) Repaired/Replacement Equipment.

CenturyLink may use new or reconditioned parts to repair the Equipment, or replace the Equipment with new, repaired, or reconditioned Equipment, all at CenturyLink's sole discretion. This Limited Warranty will apply to the replaced or repaired Equipment, for 90 days or until the end of the warranty period set forth herein, whichever is longer. All replaced products or parts become the property of CenturyLink and will not be returned.

(iv) Exceptions and Exclusions.

This Limited Warranty does not cover defects due to defacement, misuse, abuse, neglect, improper use, improper electrical voltages or current, repairs by others, alterations, modifications, accidents, fire, flood, vandalism, acts of God or the elements. No advice or information given by CenturyLink, its affiliates, its contractors, or their respective employees will vary the terms of the Limited Warranty. You agree that CenturyLink are not responsible for any damages that may occur if your relationship with your Internet service provider or wireless cellular data provder causes interference or interruption with the Service. If such actions cause your Service not to work correctly, you will still be billed by CenturyLink for the Service and CenturyLink will not issue credits for such incidents. Service may not be compatible with communications equipment or services at your physical location that are not associated with the Service, including security services, fax machines, satellite systems, monitored medical device alert, alarm, or assistance systems, and CenturyLink are not responsible in any way for such incompatibility or any problems or losses of any type related to that equipment or services.

(v) No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is the only express warranty extended by CenturyLink in connection with the Equipment. Implied warranties which may not be disclaimed are limited in time to the duration of this Limited Warranty, and all remedies for all such implied warranties are restricted to the remedy and procedure set forth for this Limited Warranty. This Limited Warranty is in lieu of all other warranties, however arising, and all such other warranties are hereby disclaimed. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

(vi) This Limited Warranty is extended to the person originally purchasing or leasing the Equipment, and no others. If you have questions, please call the CenturyLink phone number on your bill or contact us through these websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts).

(vii) This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

(b) Disclaimer of Warranties

THE SERVICE, SOFTWARE, EQUIPMENT, INVOICE AND PAYMENT-RELATED CONTENT, PAYMENT SERVICES AND ALL RELATED INFORMATION AND SUPPORTING SYSTEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT FOR THE LIMITED WARRANTY IN THE PRECEEDING SECTION, CENTURYLINK PROVIDES THE SERVICE, SOFTWARE, AND EQUIPMENT WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF TRADE AND DISCLAIMS ANY SUCH WARRANTIES. CENTURYLINK DOES NOT WARRANT THAT THE SERVICE, SOFTWARE, PAYMENT SERVICES OR ANY OF ITS WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY CENTURYLINK, ITS AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS AGREEMENT OR CREATE ANY WARRANTY. CENTURYLINK IS NOT RESPONSIBLE FOR DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR THE ELEMENTS. CENTURYLINK TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. CENTURYLINK MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE. TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO CUSTOMER TO THE EXTENT IT IS BARRED BY APPLICABLE LAW. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless CenturyLink and its affiliates, contractors, officers, directors, employees, or agents from any and all third-party claims, liabilities, costs, and expenses, including reasonable attorney fees and punitive damages arising from: (a) violation of any provision of this Agreement by you or others who use your Service, Software, and/or Equipment; (b) installation, modification, or use of the Service, Software, and/or Equipment by you and/or any parties who use your Service, Software, and/or Equipment, with or without your permission; (c) claims for libel, slander, invasion of privacy, or infringement of any intellectual property rights arising from the use of the Service, Software, Equipment, or wireless cellular data networks; (d) patent infringement arising from your acts combining or using the Service in connection with facilities or Equipment (circuit, apparatus, system or method) furnished by you; or (e) negligent acts, errors, or omissions, gross negligence, or intentional misconduct by you.

16. Dispute Resolution

THIS SECTION 16 SHALL NOT APPLY TO ANY ENTERPRISE CLASS CUSTOMER.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS (AS OPPOSED TO ON A CLASS, REPRESENTATIVE, MASS, COLLECTIVE, CONSOLIDATED, OR COORDINATED BASIS), THROUGH PRE-SUIT DISPUTE RESOLUTION, AND IF APPROPRIATE, BY COURT ACTIONS DECIDED BY A JUDGE (NOT BY A JURY). IT LIMITS YOUR TIME TO NOTIFY CENTURYLINK OF A DISPUTE AND LIMITS YOUR TIME TO FILE ANY CLAIM, DISPUTE, ACTION, OR LAWSUIT. THIS SECTION GOVERNS ALL DISPUTES, CLAIMS, ACTIONS, OR LAWSUITS BETWEEN YOU AND CENTURYLINK ARISING OUT OF OR RELATING TO THIS AGREEMENT, SERVICES, SOFTWARE, AND/OR EQUIPMENT, REGARDLESS OF THE LEGAL THEORY.

(a) Pre-Filing Requirements

Before filing or commencing any lawsuit, claim, or action in any court, you must first present any claim or dispute to CenturyLink in writing in a manner sufficient to allow CenturyLink a fair and adequate opportunity to resolve the dispute without litigation ("Notice of Claim"). Any Notice of Claim should be emailed to legalaffairs@lumen.com or mailed to Lumen Technologies, Attn: Litigation Department, 931 14th Street, Suite 900, Denver, CO 80202.

THESE PRE-FILING REQUIREMENTS ARE MATERIAL TERMS OF THIS AGREEMENT PROVIDING YOU AND CENTURYLINK WITH SUBSTANTIVE, NOT MERELY PROCEDURAL, RIGHTS. YOUR FAILURE TO ABIDE BY THEM MAY BE GROUNDS FOR DISMISSAL OF ANY LAWSUIT.

(i) Notice of Claim Must Be on an Individual Basis

Your Notice of Claim must be on your own individual behalf and shall not be made on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that any Notice of Claim must be on an individual basis, it is a violation of this agreement for two or more claimants to include claims in a single Notice of Claim or attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same CenturyLink account.

(ii) Fair and Adequate Opportunity to Resolve the Dispute.

(A) CenturyLink commits to work with you in good faith to resolve any disputes you may have. For your individual Notice of Claim to provide CenturyLink a fair and adequate opportunity to resolve the dispute without litigation, your Notice of Claim must include:

(1) the CenturyLink account number(s) for the account(s) related to the claim or dispute;
 

(2) a reasonable description of the facts underlying the claim or dispute, including relevant dates when you experienced billing, Service, Equipment, or Software issues;
 

(3) an estimate of your money damages and how those damages were calculated;
 

(4) a description of any relief sought other than money damages; and

(5) all supporting documentation, including copies of your bills supporting any billing dispute.

In addition to the information provided in your Notice of Claim, you also agree to respond within a reasonable time to any request from CenturyLink for additional information to support or clarify your claim or dispute.

(B) If your individual Notice of Claim includes any claim based on any alleged false statement, fraud, deception, or misrepresentation, then your individual Notice of Claim also must identify:

(1) the content of any alleged false or misleading statement or advertisement;

(2) the approximate date(s) on which you received, heard, or read that statement or advertisement;

(3) how you received that statement or advertisement; and

(4) if the alleged false or misleading statement was made by a particular person, that person's name and affiliation with CenturyLink (e.g., CenturyLink employee, CenturyLink-authorized service technician, or contractor).

(C) Using information you provide pursuant to Sections 16(a)(ii)(A) and (B), CenturyLink will use reasonable efforts to search for and identify records of your account history, if any, that might be helpful in resolving your dispute. CenturyLink will also attempt to contact you directly to discuss your dispute. If you do not provide the information required by Sections 16(a)(ii)(A) and (B), CenturyLink is not obligated to search its records.

(iii) 60-Day Pre-Filing Period

If you and CenturyLink are unable to resolve your claim or dispute within 60 days after CenturyLink receives your Notice of Claim that meets the requirements of Sections 16(a)(i) and 16(a)(ii) ("60-Day Pre-Filing Period"), you may file a court action consistent with these Dispute Resolution Terms. If your Notice of Claim is deficient, incomplete, or defective because it is not made on an individual basis, as set forth in Section 16(a)(i), or because it does not include the information required by Section 16(a)(ii), then the 60-Day Pre-Filing Period will not begin until the first date on which CenturyLink has received information correcting those deficiencies or defects. Further, if your Notice of Claim otherwise meets the requirements of Sections 16(a)(i) and 16(a)(ii), but you fail to respond to a reasonable request from CenturyLink for missing or additional information about your claim or dispute, then the 60-Day Pre-Filing Period will pause and not begin again until you provide the requested missing or supporting information.

(iv) Pre-Filing Tolling Period

Any deadline to file a lawsuit will be extended up to a maximum of 60 consecutive days after CenturyLink receives your Notice of Claim ("Pre-Filing Tolling Period"). If you fail to respond to a reasonable request from CenturyLink for missing or additional information, then the Pre-Filing Tolling Period will end 14 consecutive days after the date of CenturyLink's request.

(b) Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis

By this Agreement, both you and CenturyLink waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis.

(i) Examples of Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this agreement for two or more claimants to (1) include claims in a single Notice of Claim; (2) pursue their claims in a single court action; or (3) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same CenturyLink account.

(ii) Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis.

As consideration for the Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis in this Section 16(b), CenturyLink agrees that:

(A) CenturyLink will reimburse you for filing fees you incur for filing any lawsuit in small claims court, so long as your filing was consistent with these Dispute Resolution terms, regardless of whether you prevail on any claim in small claims court;

(B) If you both (1) prevail on a claim in court and (2) receive an award of actual damages that exceeds CenturyLink's highest offer of settlement during the 60-Day Pre-Filing Period, CenturyLink will reimburse you for your reasonable attorneys' fees, as well as any costs and expenses you or your attorney reasonably incurred for investigating, preparing, and pursuing your claims. The calculation of actual damages for purposes of this section excludes any award of attorneys' fees, statutory minimum damages, statutory multiple damages or penalties, consequential damages, exemplary or punitive damages, and any other costs or expenses incurred in pursuing your claims;

(C) Nothing in this Agreement, including the limitations on liability in Section 13, will prevent or limit the recovery of statutory remedies;

(D) The damage cap in Section 13(f)(iv) is increased so that it will not exceed the total charges you paid to CenturyLink in the twelve months prior to notifying CenturyLink of your dispute. If you give notice of a dispute after terminating service, the damage cap in Section 13(f)(iv) is increased so that it will not exceed the charges you paid to CenturyLink during the last twelve months before terminating service; and

(E) CenturyLink will waive its right to any award of attorneys' fees, costs, and expenses to which it might be entitled as a prevailing party in the lawsuit you filed, except that CenturyLink retains its right, as allowed by applicable law, to seek attorneys' fees, costs, and expenses on the basis that your claim was frivolous or otherwise brought in bad faith or for the purpose of harassment. Your right to attorneys' fees, costs, and expenses provided by this Section 16(b)(ii) is not intended to limit your rights to recover these items under applicable law (if any such rights exist). If applicable law entitles you to a greater award of attorneys' fees, costs, and expenses than allowed under Section 16(b)(ii), you may recover that greater amount. However, you may not recover duplicative awards of attorneys' fees, costs, and expenses under both Section 16(b)(ii) and applicable law.

(iii) Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis not severable from Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis.

If a court deems Section 16(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action, then Section 16(b)(ii) (Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) shall also be unenforceable and severed from this Agreement.

(c) Waiver of Right to Jury Trial

BOTH YOU AND CENTURYLINK WAIVE THE RIGHT TO A JURY TRIAL ON YOUR INDIVIDUAL CLAIMS. To the extent court action is appropriate under this Agreement, any trial of your claims and CenturyLink's defenses or counterclaims shall be to a judge or court presiding without a jury (i.e., a "bench trial"), except as provided in Section 16(d).

(d) Waiver of Jury Trial Not Servable from Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis.

If a court deems Section 16(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action for any reason, the Waiver of Right to Jury Trial in Section 16(c) shall be unenforceable and severed from this Agreement.

(e) Limitation on Time to File Any Claim, Dispute, or Lawsuit.

YOU MUST NOTIFY CENTURYLINK OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. FOR EXAMPLE, IF YOU DISPUTE ANY CHARGE ON YOUR PAYMENT RECIEPT, YOU MUST NOTIFY CENTURYLINK OF THE DISPUTE WITHIN 6 MONTHS OF THE DATE OF YOUR BILL OR PAYMENT RECEIPT. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED BILL OR PAYMENT RECEIPT. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.

17. Waiver of Right to Jury Trial and Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis for Enterprise Class Customers.

This Section 17 shall apply only to Enterprise Class customers. BOTH YOU AND CENTURYLINK WAIVE THE RIGHT TO A JURY TRIAL ON YOUR CLAIMS. By this Agreement, both you and CenturyLink waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this agreement for two or more claimants to (1) pursue their claims in a single court action, or (2) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same CenturyLink account.

18. Limitation on Time to File Any Claim, Dispute, or Lawsuit for Enterprise Class Customers.

This Section 18 shall apply only to Enterprise Class customers. YOU MUST NOTIFY CENTURYLINK OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. FOR EXAMPLE, IF YOU DISPUTE ANY CHARGE ON YOUR INVOICE, YOU MUST NOTIFY CENTURYLINK OF THE DISPUTE WITHIN 6 MONTHS OF THE DATE OF YOUR INVOICE. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED INVOICE. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.

19. Notices

Except as otherwise provided herein, all required notices to CenturyLink must be in writing and sent to 931 14th Street, 9th Floor, Denver, CO 80202; Attn.: Legal Department. Except as otherwise provided herein, you agree that all required notices to you will be provided by one or more of the following: posting online or in your Account Portal, postcard, letter, call to your billed telephone number, or email to an address provided by you either when you ordered Service or Equipment or at a later time. You agree to provide CenturyLink with any and every change to your email address by reason by contacting CenturyLink via the methods described on the following websites: Residential Customer Service (Consumer/Residential accounts), Small Business Customer Service (Small Business accounts), or Enterprise Class Customer Service (Large Business & Government accounts). If you fail to provide updated email address information to CenturyLink, you agree that any notices sent to the email address provided by you will be deemed to have been received by you.

Except as otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after mailed via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when posted online or in your Account Portal, or when sent electronically to the email address you provided.

20. Supremacy

(a) For customers other than Enterprise class:

(i) In the event of any inconsistency between this Agreement and any other documents exchanged between you and CenturyLink related to the Service, Software, or Equipment, the provisions of this Agreement will control.

(ii) In the event of any inconsistency between Sections 13 and 16 of this Agreement and the liability limitations and dispute resolution provisions of any other agreement between you and CenturyLink or any of its affiliates, Sections 13 and 16 of this Agreement shall control. The sole exception to the foregoing is that if you are subject to this Agreement and the CenturyLink Internet Subscriber Agreement, then Section 13(d) of this Agreement shall continue to apply; and

(iii) In the event any other agreement between you and CenturyLink or any of its affiliates does not contain liability limitations or dispute resolution provisions, Sections 13 and 16 of this Agreement shall control to the greatest extent permitted by law.

(b) For Enterprise Class customers:

(i) In the event of any inconsistency between this Agreement and any other documents exchanged between you and CenturyLink related to the Service, Software, or Equipment, the order of priority for resolving any inconsistency shall be as follows: your master service agreement or a CenturyLink-approved government contracting vehicle and any other documents attached to or expressly incorporated into the same, and then this Agreement.

(ii) Notwithstanding any other provision in this Agreement, Section 16 of this Agreement shall not apply, and any dispute resolution provisions of any other agreements between you and CenturyLink or any of its affiliates shall control.

21. Entire Agreement

(a) For customers other than Enterprise Class, this Agreement, together with the other agreements, disclosures, and policies and posted information referenced herein, constitutes the entire agreement between you and CenturyLink with respect to the subject matter of this Agreement, and supersedes all prior or contemporaneous oral or written agreements or understandings between you and CenturyLink relating to the subject matter of this Agreement.

(b) For any Enterprise Class customers, this Agreement, together with the other agreements, disclosures, and policies and posted information referenced herein, constitutes the entire agreement between you and CenturyLink with respect to the subject matter of this Agreement, and supersedes all prior or contemporaneous oral or written agreements or understandings between you and CenturyLink relating to the subject matter of this Agreement.

22. Governing Law

This Agreement and any disputes, claims, actions, and lawsuits arising out of or related to this Agreement shall be governed by the law of the state in which you receive the Services that are the subject of the dispute, claim, action or lawsuit.

General. If any term or provision of this Agreement is held invalid, illegal or unenforceable, such term or provision will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms and provisions will remain in effect. Neither party's failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. All terms and provisions of this Agreement that should by their nature survive the termination of this Agreement will so survive. All URLs listed in this Agreement include any successor URLs and content contained at such URLs are incorporated by reference. In the event any content contained at such URLs conflict with this Agreement, this Agreement controls. You agree that Company’s use of successor URLs and content contained therein does not cause a material and adverse economic impact to you. If such impact would result from the updated content, we will provide you notice of such change as described in Section 4(b) of this Agreement. You agree that you will not harass, threaten, or conduct yourself in a verbally or physically threatening or abusive manner toward any CenturyLink employee, vendor, contractor, or agent at any time. CenturyLink reserves the right to terminate your Services, Software, and Equipment without notice in the event of such behavior.

23. Where required by law, customers who cancel their Service within the first three days, or seven days, as applicable, following acceptance of this Agreement will be refunded all charges incurred with respect to their account.