New Service CPE Rebate Promotion – Fund Deposit (1 Year Minimum Term Agreement)

Subject to the conditions below, a Customer that simultaneously orders the Internet Dedicated Services listed below along with the associated Customer Premises Equipment (“CPE”) (each, including CPE, referred to as a “Promotional Circuit”) and enrolls that Promotional Circuit in this promotion will receive a one-time Fund deposit equal to Company’s charge for that CPE (excluding all taxes and surcharges), not to exceed the maximum applicable Fund deposit amount set forth in the table below for that Promotional Circuit.  The deposit will be applied within the first two billing cycles following the Service Activation Date, as defined in Customer’s service agreement with Company (“Agreement”), for each such Promotional Circuit ordered.  Customer is responsible for paying the full amount of Company’s charge for the CPE, including any amount by which Company’s charge for the CPE exceeds the maximum Fund deposit amount.  As of November 1, 2009, the Fund option will not be available for Customers who don’t already have the promotion in their Agreement.

Service	Maximum Invoice Credit per Promotional Circuit
Internet Dedicated T1 (Price Protected T1) with Certified CPE	$460

Conditions

1.         New circuits are eligible for this promotion.

2.         Existing circuits that are upgraded to a port type/speed specified above are eligible for this promotion.

3.         CPE must be ordered from Company’s “Certified CPE” catalog. 

4.         To receive the benefits of this promotion, each Promotional Circuit must be active, with no pending cancellation request, at the time the credit is applied. 

5.         The Promotional Circuit must be located entirely within the U.S. Mainland.

6.         The promotion must be included in the Agreement signed and submitted by October 31, 2009.

7.         Eligible Circuits and CPE must be ordered by November 30, 2009.

8.         Fund deposit amount issued for each Promotional Circuit is calculated from the actual cumulative amount of Company charges for the CPE associated with the Promotional Circuit ordered (excluding all taxes and surcharges), up to the applicable maximum amount shown in the table above.

9.         Customer commits to paying for the Promotional Circuit for a minimum of 1 year.  If Customer terminates a Promotional Circuit ordered through this promotion before the end of the 1 year service commitment, Customer will incur an early termination charge of (i) 75% of the applicable monthly recurring charges for the Internet Dedicated Service multiplied by the number of months remaining in the service commitment for such Promotional Circuit, if any; plus (ii) all fees or early termination fees imposed by the access line provider, if any; plus (iii) a pro rata portion of any and all Fund deposits received by Customer.  However, in no event will Customer’s total termination liability exceed the full contract value of the terminated Promotional Circuit.

10.       The Fund terms and conditions apply without limitation.  Company reserves the right to change the Fund or any terms and conditions pertaining to, benefits, and/or participation therein.  Fund benefits are not transferable.  Any and all tax liabilities and shipping costs arising from participation in the Fund are solely the responsibility of Customer.   Company is not liable for products, services, and warranties, express or implied, of participating vendors.  Customer may convert its Fund account balance to invoice credits, which will be applied on a pro-rata basis to Customer’s first invoice following the end of the annual period in which Customer maeks such request and in each subsequent twelve (12) month period of the Term of Customer’s Agreement.  Fund deposits earned by Customer as a result of signing the Agreement are not renewable under the Agreement.

11.       Orders may be expedited, but standard expedite fees must be paid.

12.       Promotional Circuits receiving the benefits of this promotion may not receive the benefits of the following promotions:  New Service Incentive, Internet T1 Free CPE and Internet NxT1 Free CPE.  

13.       Special Customer Arrangements are not eligible for this promotion.

14.       Unless explicitly stated otherwise, promotional rates/discounts are in lieu of all other discounts.