READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING EARTHLINK'S DIAL-UP, RESIDENTIAL DSL, OR MAILSTATION SERVICE.

1. AGREEMENT

This Service Agreement ("Agreement") is between EarthLink, Inc. ("EarthLink") and you for EarthLink's Dial-Up, Residential DSL or the MailStation Internet access service that you have subscribed to ("Service"). This Agreement consists of the terms and conditions below, the specific terms of your billing plan for the Service, the EarthLink Privacy Policy and the EarthLink Acceptable Use Policy, which are found at www.earthlink.net/about/policies, all of which are incorporated herein.

By establishing an account with EarthLink, using the Service, using EarthLink-provided software, using the EarthLink-provided equipment ("EarthLink-provided Equipment") or indicating agreement through the EarthLink website, you agree to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement. The terms and conditions in this Agreement apply to all of the above-mentioned Services except the terms of Section 16 just apply to EarthLink Residential DSL Service.

2. TERM OF THIS AGREEMENT

The effective date of this Agreement begins on your account billing start date, as indicated on your first invoice. If the billing plan for your Service has a specific term (for example, 12 months), this Agreement will continue on a month-to-month basis after such term is over until you notify us otherwise. EarthLink reserves the right to change prices of your billing plan upon 30 days written notice prior to the effective date of such new pricing. EarthLink reserves the right to change any of the features, content or applications of the Service at any time with or without notice to you. Current Service prices and features may be obtained by visiting the EarthLink website www.earthlink.net or by calling (888) 327-8454.

EarthLink may terminate this Agreement, your password, your account, or your use of the Service for any reason, including, without limitation, if EarthLink, in its sole discretion, believes you have violated this Agreement or if you fail to pay any charges when due. Termination notice will be sent to you via email or U.S. Mail to the address you provided when subscribing to the Service. This Agreement terminates upon the termination of your Service. Sections 4, 5, 10, 11, 13, 15 and 16 of this Agreement will survive termination of this Agreement.

3. THE SERVICE

Depending on the type of Service that you choose, the Service may include Internet access, software, hardware, email, web space and other features. From time to time EarthLink may impose reasonable rules and regulations regarding the use of the Service.

The Service speed may vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of EarthLink. EarthLink does not guarantee upload or download speeds. Some line stabilization may be necessary for the Service. Stabilization could include the lowering of provisioned line speed. Should this occur, EarthLink will NOT be able to increase the line speed once the connection is stabilized. Some Services may only work using certain telephone carriers or non-PBX (including rollover/party line) phone systems. Some Services may require the use of specific hardware and/or software and may be limited by specific geographic location. The billing plans for some Services may vary by geographic location and phone carrier provider. In the event that you change to a different EarthLink service, consult with an EarthLink representative regarding how such change will affect your billing plan.

When using the Service, you are solely responsible for determining if use of a particular dial-up number, if applicable, will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. EarthLink does not guarantee that any dial-up access numbers EarthLink provides will be a local call from your location. EarthLink is not responsible for any long-distance, toll, or other charges you incur. Toll-free (800, 888, 877), international, and simultaneous login access costs will be extra. Current prices are listed on the EarthLink homepage at www.earthlink.net. EarthLink may change its POP numbers at any time. EarthLink reserves the right to direct you to use certain numbers to access the Service or to restrict use of specific access numbers.

Usernames, passwords, email addresses and IP addresses are EarthLink's property and EarthLink may alter or replace them at any time. If your inbox is approaching the storage limit for the Service, it also will be noted visually on your web mail and EarthLink also will send you email notices to your EarthLink email address notifying you that you are approaching your email storage limit. Email accounts exceeding allotted email space may, depending on the Service and at EarthLink's discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted.

You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights. You agree that EarthLink has no responsibility for the accuracy, completeness, value or usefulness of any content, advice or opinions contained in any emails, message boards, chat rooms, social networks or online services.

4. ACCOUNT REQUIREMENTS

In order to order and receive the Service, you acknowledge that you are 18 years of age or older, and you have legal authority to enter into this Agreement. You must provide EarthLink with a valid credit card, debit card or other EarthLink approved payment methods for the Service. The Service must be available to your location. The Service may require separate active telephone or cable service providers in order for the Service to work. You are responsible for charges for such telephone or cable service providers. Changing telephone carriers or cable providers may result in substantial interruption of the Service and may result in fees associated with cancellation and setting up a new account.

Your computer may have to meet certain minimum requirements, which may be found on the EarthLink homepage at: www.earthlink.net. You agree that you are responsible for the security of your computer and data including, but not limited to, the encryption of data and the protection of you usernames and passwords. You are solely responsible for the management of your information on your computer including back up and restoration of your data.

5. PAYMENT

You will be charged a monthly Service fee and applicable taxes and other fees. If your billing plan is based on a monthly subscription fee, you will be billed a flat monthly fee. If your billing plan is based on usage, you will be billed each month based on usage. All payments will be made in US dollars.

The Service may also include charges for hardware, activation, early cancellation or postage and handling. You must provide accurate billing information including legal name, address, telephone number, and credit card or debit card billing information, and report all changes to such information promptly to EarthLink.

You agree to pay all taxes, surcharges, and fees set by the government. EarthLink may not always give advance notice of changes to these items.

You are responsible for any charges to your account. Questions regarding charges to an account should be directed to the EarthLink Customer Service Department at (888) EARTHLINK (888-327-8454) or via online chat at www.support.earthlink.net. All charges are considered valid unless disputed in writing within 30 days of the billing date and mailed to:

EarthLink, Inc.
Customer Service
1375 Peachtree Street
Level A
Atlanta, Georgia 30309

Adjustments will not be made for charges that are disputed more than 30 days after the billing date.

Your account will be automatically inactivated if you put a stop payment on your account with your financial institution in connection with payment of your monthly bill.

Charges may be billed on or after your billing cycle date to your method of payment on file each month for the Service and any additional usage, services, taxes and fees. EarthLink is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EarthLink.

If you provided EarthLink with a valid credit card or debit card, you agree to maintain valid and current credit card or debit card information on file with EarthLink at all times. You acknowledge and agree that you authorize EarthLink and that EarthLink does not need to obtain any additional authorization from you for any recurring payments, automatic billing options or updated credit card or debit card information provided by your credit card or debit card company to EarthLink. If payment by check has been accepted by EarthLink, then payments by check must be received by EarthLink by the due date listed in your monthly invoice.

Delinquent accounts may be suspended or canceled at EarthLink's sole discretion. If you pay your monthly Service fee to a third party provider, your account also may be suspended for non-payment if your account is delinquent. If your account is suspended, you may be charged a reinstatement fee to reactivate your account.

6. CANCELLATION

If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, you can cancel your account in accordance with the terms of this Agreement. If you cancel your Service prior to completing your billing term plan, you agree to pay EarthLink the early termination fee set forth in your billing plan.

Upon cancellation, your email services will be terminated and you will no longer have access to your email, files or other information on EarthLink's servers. More details about canceling the Residential DSL Service are set forth in Section 16 herein.

EarthLink only accepts cancellation by phone, fax or U.S. Mail. EarthLink does NOT accept cancellations by email. Accounts are set to close at the end of the current billing period. When canceling by telephone, you will be issued a confirmation number as your only proof of cancellation. EarthLink does not grant refunds or credits for any prior use including partial use during the last month of cancellation. If you cancel by one of the prescribed methods listed below and are mistakenly billed again, EarthLink will refund any erroneous charges upon proof of such cancellation.

To cancel the Service you must do one of the following:

Phone Cancellation: (888) EARTHLINK (888-327-8454)

Fax Cancellation: Please include your account number and a current phone number and fax to 404-795-1034.

Mail Cancellation: Send registered or certified mail, return receipt requested to:

EarthLink, Inc.
Cancel (write type of Service)
1375 Peachtree Street
Level A
Atlanta, GA 30309

Please put the type of Service you have in the address.

7. YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will receive a username, password, and other account information. You and members of your household (i) are the only authorized users of your EarthLink account and (ii) must comply with this Agreement.

You and members of your household who have access to your secure account information must keep your user ID and password confidential so that no one else may access your account information or ability to connect through your account. You must notify EarthLink immediately upon discovering any unauthorized use of your secure account information by calling (888) EARTHLINK (888-327-8454). In addition, you agree that you are solely responsible for maintaining the security of your computer(s) and data including the encryption of data. EarthLink recommends that you use commercial anti-virus, anti-spy and firewall software including appropriate updating of such software.

Unless your Service includes a Static IP, you will be allocated a Dynamic IP address. EarthLink reserves the right to timeout inactive connections. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout the EarthLink website at www.earthlink.net. These limits may also be obtained by calling (888) EARTHLINK (888-327-8454). EarthLink reserves the right to change limits at any time upon 30 days prior notice.

EarthLink technical support may be limited. Limitations may include, but are not limited to, certain software, certain operating systems, all original manufacturing hardware, and certain EarthLink-provided services that are no longer marketed by EarthLink.

8. INSTALLATION OF EARTHLINK-PROVIDED EQUIPMENT

The Service may include EarthLink-provided Equipment. The installation, use, inspection, maintenance, repair, and removal of the EarthLink-provided Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. EarthLink and its employees, officers, directors, agents, contractors, and representatives will have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.

If you are unable to perform self-installation of the EarthLink-provided Equipment, EarthLink may suggest an outside vendor to help install the EarthLink-provided Equipment. You will be responsible for all costs and scheduling associated with the installation of the EarthLink-provided Equipment by a third party. You are also responsible for all inside wiring repair necessary to install the EarthLink-provided Equipment. If you are not the owner of the premises, you warrant that you have obtained the consent of the owner for vendor personnel and/or its agents to enter the premises for installation. You will indemnify and hold EarthLink harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

EARTHLINK DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, EARTHLINK WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EARTHLINK-PROVIDED EQUIPMENT OR SERVICE BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND WILL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

Because of the complex nature of Internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, EarthLink may cancel the installation process and refund any money that you have paid. EarthLink will notify you of its intent to cancel as soon as reasonably possible. It may take up to 90 days to determine if EarthLink is able to provide a Service. EarthLink will have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. MONITORING THE SERVICE

EarthLink has no obligation to monitor the Service, but may do so if EarthLink, in its sole discretion, believes that to do so would be needed to: comply with laws, regulations, or governmental or legal requests; operate the technical aspects of the Service in a proper, effective, and reasonable manner; or protect itself, its employees, its customers or others as described in the EarthLink Privacy Policy. EarthLink would only disclose information to third parties regarding your use of the Service in a manner that is consistent with the EarthLink Privacy Policy. EarthLink may immediately remove your material or information from EarthLink's servers, in whole or in part, which EarthLink reasonably believes to infringe on another's property rights or to violate the EarthLink Acceptable Use Policy or other policies, laws or regulations.

10. DISCLAIMERS AND WARRANTIES

YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARTHLINK AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. EARTHLINK AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH EARTHLINK OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY EARTHLINK, ITS REPRESENTATIVES OR ITS SUPPLIERS WILL CREATE A WARRANTY.

EARTHLINK, ITS officers, directors, employees, subsidiaries, affiliates, agents, suppliers and contractors (COLLECTIVELY, "earthlink parties") WILL HAVE NO LIABILITY FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY OF ANY EARTHLINK PARTY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. EARTHLINK DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE CAN BE PROVISIONED TO YOUR LOCATION EVEN IF EARTHLINK HAS ACCEPTED YOUR ORDER FOR THE SERVICE.

THE EARTHLINK PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EARTHLINK-PROVIDED EQUIPMENT OR SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE EARTHLINK-PROVIDED EQUIPMENT OR SERVICE; THE USE OF THE EARTHLINK-PROVIDED EQUIPMENT OR SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION; OR THE MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE USE OF THE SERVICE.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE EARTHLINK PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY EARTHLINK PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE AND ONLY REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

CERTAIN EARTHLINK-PROVIDED EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH EARTHLINK TO YOU AT NO ADDITIONAL CHARGE. EARTHLINK WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE TERM, EARTHLINK OR ITS AGENT MAY REPLACE A DEFECTIVE HARDWARE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF EARTHLINK'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN EARTHLINK OR ITS CONTRACTOR. EARTHLINK RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. EARTHLINK WILL NOT BE RESPONSIBLE FOR ANY EARTHLINK-PROVIDED EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF EARTHLINK'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

You agree to defend, indemnify and hold the EarthLink Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that an EarthLink Party may sustain or incur by reason of your use of the Service or the use of the Service by anyone else in your household (i) in violation of applicable laws, regulations or the terms of this Agreement, (ii) to transmit any messages, content, images or other information via the Internet, (iii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with use of the Service, or (iv) in any manner that harms any person resulting in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property.

12. TECHNICAL SUPPORT POLICY

Due to the wide range of hardware and software configurations and compatibility, it may not be possible for EarthLink to provide technical support for your current set of products. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products.

13. JURISDICTION

This Agreement is governed by Georgia law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Georgia law and will be held in Atlanta, Georgia. The arbitrator will be an expert in the field of Internet services. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There will be no class action arbitration pursuant to this Agreement.

California residents are entitled to the following information:

The Service is provided by EarthLink, Inc., 1375 Peachtree Street, Atlanta, Georgia 30309. Phone: (800) 890-6356.

Charges vary depending on the type of Service. Current pricing may be obtained from the EarthLink website: www.earthlink.net. EarthLink reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

Complaints and questions about the Service should be directed to EarthLink Customer Service at (800) 890-6356. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.

Actions arising from this Agreement may be brought in an appropriate California small claims court.

14. REVISIONS TO THE AGREEMENT

EarthLink may revise, amend, or modify this Agreement from time to time. Notice of any revision, amendment, or modification will be posted on EarthLink's Web site at www.earthlink.net/about/policies/ and/or on your start pages and/or by email and/or in mailings to your primary EarthLink email account and will be effective on the date noted in the posting. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of EarthLink. By continuing to use the Service after the amendments are effective, you accept and agree to abide by them.

15. MISCELLANEOUS

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of EarthLink, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement will be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. EarthLink will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of EarthLink as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. EarthLink may subcontract any work, obligations or other performance required of EarthLink under this Agreement without your consent. EarthLink will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

Changes to your Residential DSL Service billing plan in months two through twelve may result in an early termination fee. Such changes may include (i) cancellation of your Residential DSL, (ii) downgrading or changing your Residential DSL Service to EarthLink's Dial-Up or Cable Internet Access service, or (iii) if you move the Residential DSL Service to a new location, change your local telephone company within the same location or discontinue your local telephone service within the same location.

If you move your Residential DSL Service and EarthLink can provide the Residential DSL Service at the new location or on the new telephone line, you must pay the activation fee since this requires a new installation; however, EarthLink will credit a portion of the early termination fee to your account providing you reactivate the Residential DSL Service and begin a new billing plan within 60 days from the time you terminated the previous Residential DSL Service. If EarthLink cannot provide the Residential DSL Service in your new location or your new telephone line, you will be charged the early termination fee.

If you cancel your account within the first 30 days, you must return your EarthLink-provided DSL equipment. EarthLink will mail you a shipping label upon cancellation and will not accept returns without an EarthLink supplied shipping label. All EarthLink-provided Equipment returns must have an EarthLink supplied shipping label or they will be rejected.

If you cancel your account and return all EarthLink-provided Equipment in their original packaging (or equivalent) using an EarthLink supplied return shipping label within 30 days from your EarthLink-provided Equipment shipping date as determined by EarthLink, EarthLink will refund certain fees incurred up to the cancellation date, excluding charges for certain usage, including but not limited to, international calls, directory assistance and other metered usage, applicable taxes or other governmental fees, postage and handling. Except in certain cases in EarthLink's sole discretion (e.g., improperly invoiced charges), EarthLink will not refund any fees after 30 days from your Service activation date.

EarthLink, in its discretion, may replace EarthLink-provided Equipment on an active account due to manufacturer's defect at no cost to you under all of the following conditions: You call the EarthLink Technical Support Department within one year of your original shipping date; The EarthLink Technical Support Department certifies that a defect has occurred and; You return the EarthLink-provided Equipment in the original packaging (or equivalent) using an EarthLink provided shipping label within 30 days of certification. Upon certification, EarthLink will ship replacement EarthLink-provided Equipment to you. Failure to return the certified Equipment within 30 days of certification will result in a charge for the new EarthLink-provided Equipment. EarthLink will not accept the return of EarthLink-provided Equipment without EarthLink Technical Support Department certification and shipping label after 30 days from the original shipping date of the EarthLink-provided Equipment. EarthLink will not replace any EarthLink-provided Equipment without a fee after one year from your original shipping date; however, you can purchase new EarthLink-provided Equipment after the first year.

In the event that you change the speed of your existing Residential DSL Service, consult with an EarthLink representative whether such change will affect your billing plan.

Version 07-01-2009