aspenworks

3.02 Prohibited Actions: System and Network Security

Attempting to circumvent user authentication or security of any host, network or account (“cracking’3. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN or port scan, a Denial of Service attack or similar tools). Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging onto a server or account that Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to “crash” a host. Using any program/script/command, or sending messages of any kind, designed to interfere with a user’s terminal session, by any means, locally or by the Internet. Executing any form of network monitoring which will intercept data not intended for Customer. Aspenworks will provide equipment from time to time which must be used to properly access the aspenworks net.

3.03 Prohibited Actions: E-Mail

• Harassment, whether through language, frequency, or size of messages, is prohibited.
• Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (“e-mail spam”). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements and political messages. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting).
• Aspenworks Internet accounts or services may not be used to collect replies to messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
• Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings.
• Malicious e-mail, including, but not limited to, “mailbombing” (flooding a user or site with very large or numerous pieces of e-mail).
• Unauthorized use, or forging, of mail header information. (e.g. “spoofing”).
• Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
• Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
• Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Aspenworks Internet customers or end-users by any means or device.
• Using a Aspenworks Internet or a Customer account to collect replies to messages sent from another provider.
• Use of unsolicited e-mail originating from Aspenworks Internet network or networks of other Internet service providers on behalf of, or to advertise any service hosted by Aspenworks Internet, or connected via Aspenworks Internet network.
• Willful failure to secure open SMTP ports so as to prevent the unauthorized use of Customer resources for the purposes of sending unsolicited e-mail by a third party.
• Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any Aspenworks Internet customers or end-users whether on the Aspenworks Internet network or on another provider’s network.
• Using Aspenworks Internet Products and Services to interfere with the use of the Aspenworks Internet network by other customers or authorized users.

4.0 Enforcement

Aspenworks Internet reserves the right to monitor the network and associated services to ensure there are no adverse effects on the network or services. Aspenworks Internet may, in its sole discretion, suspend or terminate a Customer’s service for violation of any provision of this Policy at any time and without warning. Aspenworks Internet’s determination whether such violation occurred will be final and conclusive. As a general matter, Aspenworks Internet attempts to work with customers to cure violations and to ensure that there is no reoccurrence of the violation prior to terminating service.

5.0 Liability

The Customer acknowledges that, in addition to any other remedy provided to Aspenworks Internet, Aspenworks Internet shall be entitled to claim from the Customer damages for any loss incurred by Aspenworks Internet or its customers as a result of the Customer being in breach of this Policy. The Customer further acknowledges that if the breach or threatened breach of any provision of this Policy will cause Aspenworks Internet significant and irreparable harm, that injunctive relief is accepted by the Customer as an appropriate remedy for any and every breach of this Policy.

In no event will Aspenworks Internet be liable to any Customer or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this Policy, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Aspenworks Internet was advised of the possibility of such damages.

6.0 Miscellaneous

Aspenworks Internet retains the right to modify the Policy at any time and any such modification shall be automatically effective as to all Customers when adopted by Aspenworks Internet.

The actions listed herein are also not permitted by Internet Service Providers. Deceptive marketing of any kind whatsoever is not permitted through Aspenworks Internet’s networks, systems or services. This Policy applies to other types of Internet -based distribution mediums as well.

Aspenworks Internet is not responsible for the content posted on the Internet, whether or not the posting was made by a Customer of Aspenworks Internet and expressly disclaims any and all liability of any kind whatsoever for any Customer information or content.

At its sole discretion, Aspenworks Internet reserves the right to remove materials from its servers and to terminate Internet access to Customer that Aspenworks Internet determines has violated this Policy in addition to any other rights or remedies it may have at law or at equity.

7.0 Termination

You agree that Aspenworks Internet, in its sole discretion, may terminate your password, Aspenworks Internet Site, use of the Service or use of any other Aspenworks Internet service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Aspenworks Internet believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Aspenworks Internet may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Aspenworks Internet may immediately deactivate or delete all related information and files in your Aspenworks Internet Site and/or bar any further access to such files or the Service. Further, you agree that Aspenworks Internet shall not be liable to you or any third party for any termination of your access to the Service.

Aspenworks Additional Terms of Service

Aspenworks is committed to providing dedicated, reliable and robust Internet services by providing options that are not necessarily offered by other Internet service providers. By subscribing to Aspenworks services, you understand and agree to these terms of service and any future modifications or additions to this document.

All Services

Email:

Aspenworks communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Aspenworks Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your Aspenworks email to your preferred account. Your Aspenworks email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.

Privacy Policy:

Aspenworks and its partner companies are committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with Aspenworks.

On various Aspenworks web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of Aspenworks products and services. In order to tailor subsequent communications and continuously improve products and services, Aspenworks may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.

Aspenworks uses your information to better understand customer needs and continuously improve the level of service provided. Specifically, your information is used to help complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize Aspenworks’ web site. Credit card numbers are used only for payment processing and are not utilized for other purposes.

From time to time, Aspenworks may use your information to contact you for market research or to provide you with information thought to be of particular interest. At a minimum, you have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, Aspenworks will also follow local requirements such as allowing you to opt in before receiving an unsolicited contact.

Aspenworks will not sell, rent, or lease your personally identifiable information to others. Unless required by law or your prior permission is obtained, Aspenworks will only share the personal data provided with other Aspenworks entities and/or business partners who are acting on our behalf to complete the activities described above. Such Aspenworks entities and/or national or international business partners are governed by Aspenworks’ privacy policies with respect to the use of this data.

Should a situation arise where your information is shared with a third party that is not acting on Aspenworks’ behalf and/or governed by Aspenworks’ privacy policy, your permission will be initially secured. For example, as part of Aspenworks’ commitment to offering you a choice, you are enabled to make online purchases directly from Aspenworks or through a reseller. When you choose to purchase through a reseller, Aspenworks will inform you that your registration and shopping basket data is being transferred to the selected reseller. If you choose to have your registration and shopping basket data transferred to a reseller, the reseller’s use of that data is then governed by their respective privacy policy.

Aspenworks strives to keep your personally identifiable information accurate. Every effort is made to provide you with online access to your registration data so that you may update or correct your information at any time. Aspenworks is committed to ensuring the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate physical, electronic, and managerial procedures are in place to safeguard and secure the information collected online. Aspenworks uses encryption when collecting or transferring sensitive data such as credit card information.

Moderations of Use:

Bandwidth:

As an ISP, Aspenworks’ bottom line is determined partially by the amount of bandwidth customers utilize. Aspenworks can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your Aspenworks services in a manner that consumes excessive bandwidth or affects Aspenworks’ core equipment, overall network performance, or other users’ services, Aspenworks may require that you cease or alter these activities.

News server connections are a limited resource and shared among all Aspenworks members. The number of simultaneous news server connections is limited to your service package details. Aspenworks does not guarantee throughput to news servers.

Aspenworks does not allow customers authoritative control of their own reverse DNS within the Aspenworks.net or Aspenworks.com domain.

Aspenworks believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISP’s, Aspenworks allows customers to run servers (web, mail, etc.) over their Internet connections.

Any service that causes a disruption in the network integrity of Aspenworks or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any Aspenworks servers, or servers connected to an Aspenworks provided Internet connection. Aspenworks reserves the right of final discretion.

Aspenworks has a strict policy regarding network abuse. If you use your Aspenworks account to distribute unsolicited commercial or bulk email (spam), harass, defraud, hack or otherwise attempt to gain unauthorized access to any systems, networks or accounts, Aspenworks reserves the right to suspend and/or terminate your account and all Aspenworks-provided services immediately, without advanced notice. Aspenworks reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Aspenworks’ determination is final and binding on you.

You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine.

Aspenworks vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify Aspenworks’ Abuse Department and appropriate action can be taken.

Password Policy:

Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. Aspenworks will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised. You must notify Aspenworks immediately if you believe your account may be compromised.

Pricing Guarantee:

If Aspenworks’ standard price for your specific service package drops, your monthly payment will also drop automatically. This will allow you to continuously receive Aspenworks’ most competitive price for your package.

In the event that Aspenworks’ pricing increases, your price will remain at the price set at the time of sale or billing agreements for the contract months following your Activation Date. Additionally, multiple months of advanced payment will permit you to receive your set price until the end of the payment period. This does not include new orders under the same name and/or location or new orders associated with a service relocation, nor orders for service changes that may be required if the desired service is not available due to technical or other reasons. Price changes for different packages at the same speeds, technologies, and throughput level are not included, one-time charges and promotional pricing is excluded. This guarantee only applies to the recurring package charges.

Account Billing & Invoicing:

Billing will commence on your Activation Date (i.e. The day our vendor declares your circuit installed, inbound switch completed, or your Dialup, ZGmail, Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless Aspenworks is notified within a timely manner of an outstanding issue that Aspenworks deems to justify service credit or payment suspension. All additions to your existing service package are recognized as non-refundable regardless of usage. One-time service fees, applied credits, and add-ons to an existing service will generate an emailed invoice independent of your monthly bill with its own respective charge thru date. All subsequent invoices for add-on services will be integrated with your regular monthly invoice.

All Residential-class Bill Accounts are automatically setup for monthly autorenewal by default, using the credit card information provided during the order process. To change this information or to turn off the autorenewal of your account, please emailbilling@aspenworks.com with your request.

Business-class Bill Accounts will be e-mailed a monthly invoice free of charge unless alternative billing arrangements have been made. Residential-class Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional monthly charge.

Aspenworks charges for its service continuously regardless of whether or not you are using it due to the fact we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.

Accounts Receivable:

Bill Accounts will be invoiced 30 days prior to the start of each monthly service period. Payment is due prior to the start of the service period, as indicated by the invoice’s Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account’s bill cycle. For example, if your Bill Account’s Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be aReturned Payment Fee.

Aspenworks reserves the right to terminate Residential-class Bill Accounts that remain past due for over 20 days, and Business-class Bill Accounts that remain past due for over 30 days at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.

If you wish to reinstate service with Aspenworks, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.

Liability & Limitations:

Aspenworks is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Aspenworks customer, whether legal or illegal; or any other goods or services) provided by Aspenworks or any of its vendors. In no event shall Aspenworks be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.

The technical support that Aspenworks provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.

Termination Policy:

Aspenworks has the right to terminate your service at its sole discretion, as determined by Aspenworks’ Moderations of Use .

Final Qualification:

Aspenworks is committed to providing quality Internet services. However, Aspenworks is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.

Although Aspenworks wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.

Broadband Specific

Service Term Information:

Aspenworks requires all broadband customers to commit to a 12-month concurrent service term. This term is required in order to offset associated costs of service acquisition, and for Aspenworks to offer innovative broadband packages and service features for a sustained period of time. Your 12-month service term begins once your circuit is up and running, referred to as your Installation or Activation Date. All installations are subject to a new 12-month service term.

In the event of a service move (if you move and have the service installed at the new location), the twelve-month term begins again from the date of activation at the new location. Additionally, in the event of a switch from another ISP to Aspenworks, the twelve-month service term will begin from the date that the ISP switch is completed. Requests to have your circuit switched to an alternate service provider at anytime during the first year of service with a specific order will be subject to an Outbound Switch Fee to cover Aspenworks’ provisioning expenses.

Service Location Restriction:

Each circuit may only service a single location (residence, apartment, office, or place of business). If you connect your circuit to a neighboring premise without specific permission from Aspenworks, your service may be disconnected or terminated at our sole discretion.

Installation Procedure Policy:

Aspenworks is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches.

Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete your installation. This may occur without warning during the course of your order. You are ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with your former DSL provider.

For all installation and/or truck roll dates, individuals over the age of 18 may need to be present to grant access into the home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Aspenworks at least 48 business hours in advance, there will be a Missed Appointment Fee. Similarly, a No Access Fee will be charged if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.

If Inside Wiring is pre-authorized during order placement, you are in turn financially responsible for any and all applicable Inside Wiring Fees. If you choose not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor. The Installation technician will supply your CPE, and service will be considered Activated once the line from the Central Office to your phone box is verified as running.

The maximum number of phone line filters provided on any line sharing order is three. Additional phone lines/filters may interfere with the quality of your DSL service and are not recommended.

IP Allocation:

Regardless of account type, there is a maximum allotment of 10 IPs for all bridged circuits. In order to exceed the 10 IP maximum allotments, you must have a routed business class connection.

Residential Packages

The number of static IPs varies from package to package. Additional IPs can be purchased through My Aspenworks, with a maximum allotment of 10 for each Residential package. “Basic” RADSL packages are an exception to this rule. They are limited to one dynamic IP only. At this time, Aspenworks is assigning a static IP to these services, as the CPE cannot be configured to use dynamic IPs without specific software. Testing of various software applications for future use is being looked into, and Aspenworks reserves the right to switch a static IP to dynamic at any time.

To find out how many IPs come with your Residential package, please visit ourResidential DSL Package Comparison Table.

Business Packages

All Business packages are set up using Network Address Translation (NAT). IPs are assigned as needed, and up to 32 are available at no extra charge. Routed IPs are available in blocks of 8, 16, 32, 64, etc. Additional IP fees are billed for the entire block; e.g. if you have a block of 32 and need 5 more IPs, you will need to purchase a 64 block for a monthly charge, per IP beyond 32.

Three IPs in any block are used for the router, etc., and are not usable for computers on your local network. The SOHO bridged package is an exception to this rule, and is no longer offered for new installations. If you currently have the SOHO bridged service, you are allotted 8 IPs within the package, with 2 additional IPs available for a monthly fee. More than 10 IPs would require a routed service.

It is imperative that you use the IPs assigned to you. Aspenworks retains the right to perform random IP swipes beginning 2 weeks after your date of activation and, if necessary, reduce the number of unused IPs assigned to a service. In addition, Aspenworks reserves the right to re-allocate or re-assign IP addresses as necessary at our sole discretion.

If your IP needs exceed the default number in your current package, please email or call Aspenworks. And request additional IP numbers. Your request should include a justifcation for the additional IP numbers.

Service Guarantee:

Digital Subscriber Line is a new and complex technology, with known limitations that must be acknowledged. To understand some of the difficulties your order may experience, Aspenworks will do its best to provide you the maximum speed of the line you are ultimately delivered.

Throughput & Latency

ADSL (RADSL): The throughput you receive can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of Aspenworks’ control. Due to this, Aspenworks provides ADSL as a best effort service, and cannot guarantee upload or download speeds.

SDSL, IDSL, and T1: Aspenworks guarantees 80% throughput on all SDSL and IDSL services (Residential IDSL Hotwire packages do not come with a service guarantee). T1 services are guaranteed to receive 100% throughput. If you receive one of these services and it is continuously and chronologically documented through Aspenworks tests and vendor Trouble Tickets as functioning below the guaranteed throughput for 60 days, you may disconnect your line without penalty. This is also true if an Aspenworks vendor (CLEC) or your telephone company (ILEC) has deemed your line as unable to reach the guaranteed throughput, and you are unable to downgrade to a lower speed within the same technology.

Aspenworks does not guarantee “ping times” for any product. Ping times are often misunderstood as indicative of throughput or speed of your line. If you have any questions or concerns regarding ping times or throughput, please submit a question via e-mail to support@aspenworks.com.

Miscellaneous

Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If you are experiencing a service outage, please contact our support team as soon as possible to begin proper troubleshooting.

All customer provided equipment (CPE) is pre-configured for the service ordered. Aspenworks technicians know your equipment, and can make any changes needed after your service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Aspenworks technicians will result in billable configuration/repair by Aspenworks and/or CLEC technicians. If you provide your own hardware, Aspenworks cannot guarantee its compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-Aspenworks provided hardware, an additional charge may be involved. If you require the password to access your router configuration, please submit a request to support@aspenworks.com.

If a vendor technician dispatch is necessary to repair any customer-initiated changes to the on-site equipment that renders that device unreachable by Aspenworks remotely, or customer-initiated wiring work that renders the service inoperable, there will be aTechnician Dispatch Fee. Additional hours and/or repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by our vendors.

Other than as specifically described in these Terms of Service, Aspenworks makes no guarantee or warranty of any kind. Aspenworks does not warrant or guarantee that its service is fit for your particular purpose. Aspenworks does not warrant or guarantee that its service meets any implied warranty of merchantability. Aspenworks does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.

Change of Service Policy:

A Change of Service Fee is applied to any requested changes to your existing service package. This includes but is not limited to downgrades, upgrades, and package switching. At this time, Change Of Service fees will be waived for requested upgrades to your existing service package, vendor recommended downgrades, requests made prior to the commencement of any ILEC work on your initial order, and package switch requests following service term fulfillment on a specific order. An upgrade is defined as an increase in speed and/or package price. A downgrade is defined as a decrease in speed and/or package price, (i.e. SDSL to RADSL, PLUS to BASIC). A package switch is defined as a change from one package suite to another of the same price but variegated features.

Disconnection Policy:

It is the responsibility of the account holder to notify Aspenworks of cancellation on the requested date via phoneor email billing@aspenworks.com. Returning hardware, completion of service term, nor cessation of payment constitutes notification of cancellation.

PRIOR TO ACTIVATION – Cancellations within 72 hours of order placement will not be subject to penalty. Requested cancellations after 72 hours from initial order placement will be subject to a Processing Fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by Aspenworks or its vendors due to technical limitations.

FOLLOWING ACTIVATION – Aspenworks.net offers a 25-day trial period on DSL services. While Aspenworks will do everything within its power to make your DSL experience a positive one, if you feel that you must cancel within 25 calendar days of your Activation Date, you may do so without being subject to a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, or Internal Wiring Fees will apply. If your DSL service is disconnected or terminated after 25 calendar days from your Activation Date and prior to end of your 12-month service term with that specific order, you will incur a Disconnection Fee. If your T1 service is disconnected or terminated at any time before the end of your 12-month service term with that specific order, you will incur a Disconnection Fee.

If you move or disconnect a specific circuit within your 12-month service term and reorder Aspenworks broadband service within 90 days, Aspenworks will credit the charged Disconnection Fee to your account up on notification of Activation. TheDisconnection Fee will not be refunded if the new installation is unsuccessful, or the line is cancelled within the 25-day trial period.

DSL equipment (CPEs) that have received a vendor and/or Aspenworks rebate will not be reimbursed. DSL CPEs that have not received a rebate will be reimbursed only if returned via the United Parcel Service (UPS) within 25 days of your Activation Date, in their original packaging and with their original contents. This includes all Ethernet/power cables, power supplies, manuals, and discs that may or may not have been provided with your specific CPE.

Miscellaneous

Shell Accounts:

Some offered packages include a Unix shell account accessible from any computer in the world that has Internet access. Shell accounts are not automatically created.

For your security, shell accounts that remain inactive for at least 90 calendar days will be disabled. Remaining data will be archived for an additional 90 calendar days. Shell account data archived for over 90 calendar days may require a Retrieval Fee if not already deleted.

Programs not associated with a logged-in interactive user are prohibited and will result in termination. This includes but is not limited to bots (for IRC or anything else) and cron jobs. Aspenworks reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.

Firewall Service:

Firewall service does not provide complete protection against attacks, and is offered to reduce your PC’s vulnerability, and allow Aspenworks’ Abuse Department to proactively prevent large scale attacks across the network. Aspenworks is not liable for breaches of security on individual machines, as overall security requires a regimen of patches, updates, and auditing, which is the responsibility of the customer and cannot be guaranteed. Aspenworks is not liable for any damage, loss of data, or interoperability problems caused by the software itself.

Aspenworks is responsible for upgrading client software, tracking large scale trends, and usage support while reserving the right to refer customers to our vendor for advanced troubleshooting.

Firewall service is provided free of charge for three days following initial download on a specific static IP. Three day trial periods are limited to one per static IP. You are financially responsible for all service time thereafter unless service is uninstalled before the fourth day. Aspenworks reserves the right to bill for firewall service up to 30 days following de-installation. Should the service remain uninstalled for over 30 days, it will be completely removed from your account. Billing will immediately commence with reinstallation.

Table of One Time Charges:

CHARGES ARE SUBJECT TO CHANGE AT ASPENWORKS’ SOLE DISCRETION Please reference Aspenworks’ Terms of Service for full description of charges.

$99 Change of Service Fee is applied to any customer-initiated downgrades or inter-suite package switches for broadband services following the commencement of any ILEC work on an order. This fee is currently waived for inter-suite package switch requests following service term fulfillment on a specific order and package upgrades.

$300 Disconnection Fee if your broadband service is disconnected or terminated after your Activation Date and prior to end of your 12-month service term with a specific order. DSL orders disconnected within 25 days of Activation will not be subject to a Disconnection Fee.

Inside Wiring Fee of $150 for the initial hour, $80 per hour there after.

$199 Line Conditioning Fee where applicable on IDSL, ADSL, and 192 SDSL services provided through New Edge Networks.

$150 Missed Appointment Fee if there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Aspenworks at least 48 business hours in advance.

$150 No Access Fee if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.

$225 Outbound Switch Fee for all requests to have your broadband circuit switched to an alternate service provider at any time during the first year of service with a specific order.

$49 Processing Fee applied for all requested cancellations after 72 hours from initial order placement.

$49 Retrieval Fee applied for all requests of data retrieval from Aspenworks’ servers.

$25.00 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by your financial institution.

$199 Technician Dispatch Fee if a vendor technician dispatch is necessary to repair any customer-initiated changes to the on-site equipment that renders that device unreachable by Aspenworks remotely, or customer-initiated wiring work that renders the service inoperable.